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A03411 Summary:

BILL NOA03411B
 
SAME ASSAME AS S00934-A
 
SPONSORVanel
 
COSPNSROtis, Santabarbara
 
MLTSPNSR
 
Add §399-zzzzzz, Gen Bus L
 
Requires the owner, licensee or operator of a generative artificial intelligence system to conspicuously display a notice on the system's user interface that is reasonably calculated to consistently apprise the user that the outputs of the generative artificial intelligence system may be inaccurate.
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A03411 Actions:

BILL NOA03411B
 
01/27/2025referred to science and technology
05/19/2025amend and recommit to science and technology
05/19/2025print number 3411a
05/29/2025reported referred to codes
06/05/2025reported referred to rules
06/09/2025amend (t) and recommit to rules
06/09/2025print number 3411b
06/11/2025reported
06/11/2025rules report cal.608
06/11/2025ordered to third reading rules cal.608
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A03411 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3411B
 
SPONSOR: Vanel
  TITLE OF BILL: An act to amend the general business law, in relation to requiring notices on generative artificial intelligence systems   PURPOSE OR GENERAL IDEA OF BILL: Requires warnings on generative artificial intelligence systems.   SUMMARY OF PROVISIONS: 399-zzzzzz(1): Defines important terms. 399-zzzzzz(2): Requires that all generative AI systems have a conspicu- ous warning on their user interface which reasonably apprises the user that the outputs of the system may be inaccurate. 399-zzzzzz(3): Provides penalties.   JUSTIFICATION: It was recently discovered that a generative artificial intelligence chatbot was fabricating claims of sexual harassment about New York lawmakers. Generative artificial intelligence opens the door for numerous benefi- cial use cases. However, as it is still in its infancy, generative AI has the potential to hallucinate that is, confidently provide false or misleading information. The user interfaces of the platforms are easy- to-use by design, so they are accessible to users who do not fully understand AI and how/ why it hallucinates false information. Therefore, it is important that users be apprise of the fact that these systems can be inaccurate, particularly when such information can be falser regarding another, or even dangerous to the user (for example, if the generative AI system provided improper medical information). An internal study has revealed that, of a sample of the 8 widely used chatbots, only 4 make their warnings consistently visible to the user on their web interface and only 3 make their warnings consistently visible to the user on their mobile interface. Of the 8 chatbots, a warning is visible at andfor a short period of time on 6 chatbots on their web interface and 5 chatbots on their mobile interface (though, this means that the warning will disappear or effectively disappear after the first message or few messages are sent). After further testing of the 8 chatbots studied, at least one other chatbot repeated the false claims of sexual harassment, with the chatbot going so far as even providing the name of a fake accuser and a fabri- cated background. A third chatbot provided other, less serious, false accusations. One chatbot refused to answer any questions related to public or private persons, one chatbot refused to engage in any conver- sation related to sensitive topics, and three chatbots properly failed to provide any false information. The chatbot that originally was fabri- cating the claims of sexual harassment has since ceased doing so.   PRIOR LEGISLATIVE HISTORY: 2023-2024 S.9450A PASSED SENATE / A.10103B Third Reading   DIFFERENCE BETWEEN ORIGINAL AND AMENDED: Adjusted the definitions of generative artificial intelligence systems and artificial intelligence.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: N/A   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law.
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A03411 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3411--B
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  VANEL, OTIS -- read once and referred to the
          Committee on Science and  Technology  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- reported and referred to the Committee on Codes -- reported and
          referred to the Committee on Rules -- Rules Committee discharged, bill
          amended, ordered reprinted as amended and recommitted to the Committee
          on Rules
 
        AN ACT to amend the general  business  law,  in  relation  to  requiring
          notices on generative artificial intelligence systems
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  399-zzzzzz to read as follows:
     3    § 399-zzzzzz. Notices on generative artificial  intelligence  systems.
     4  1.  As used in this section the following terms shall have the following
     5  meanings:
     6    (a) "Generative artificial intelligence system" shall mean a class  of
     7  artificial  intelligence models that are self-supervised and emulate the
     8  structure and characteristics of input data to generate derived synthet-
     9  ic content, including, but not limited to, images, videos,  audio,  text
    10  and other digital content.
    11    (b)  "Artificial  intelligence" shall mean a machine-based system that
    12  can, for a given set  of  human-defined  objectives,  make  predictions,
    13  recommendations,  or decisions influencing real or virtual environments,
    14  and that uses machine- and  human-based  inputs  to  perceive  real  and
    15  virtual  environments,  abstract  such  perceptions  into models through
    16  analysis in an automated manner, and use model  inference  to  formulate
    17  options  for  information or action. This definition includes but is not
    18  limited to systems that use  machine  learning,  large  language  model,
    19  natural language processing, and computer vision technologies, including
    20  generative AI.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01087-04-5

        A. 3411--B                          2
 
     1    2. The owner, licensee or operator of a generative artificial intelli-
     2  gence  system  shall  clearly  and conspicuously display a notice on the
     3  system's user interface that the outputs of  the  generative  artificial
     4  intelligence system may be inaccurate.
     5    3.  Where  such owner, licensee or operator of a generative artificial
     6  intelligence system fails to provide the notice required in  subdivision
     7  two  of this section, such owner, licensee or operator shall be assessed
     8  a civil penalty up to one thousand dollars for each violation. Each user
     9  the owner, licensee or operator fails  to  provide  a  notice  to  shall
    10  constitute a separate violation for each instance.
    11    §  2.  This  act shall take effect on the ninetieth day after it shall
    12  have become a law.
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