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.
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.
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.