A 8523: Requires certain political communications to include provenance data for all audios, images or videos used in such communications; provides for the repeal of certain provisions upon the expiration thereof.

  
  STATE OF NEW YORK ________________________________________________________________________ 8523 2025-2026 Regular Sessions  IN ASSEMBLY May 20, 2025 ___________ Introduced by M. of A. BORES -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to requiring certain poli- tical communications to include provenance data for all audio, images or videos used in such communications; and providing for the repeal of certain provisions upon the expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "election 2 content accountability act". 3 § 2. Section 14-106 of the election law is amended by adding a new 4 subdivision 8 to read as follows: 5 8. (a) For purposes of this subdivision: 6 (i) "Provenance data" means data that records the origin or history of 7 digital content and is communicated as a content credential pursuant to 8 the Technical Specification for Content Credentials published by the 9 Coalition for Content Provenance and Authenticity, and which discloses: 10 (1) information about the origin or creation of the content; (2) any 11 subsequent editing or modification to the content or its metadata; and 12 (3) any use of generative artificial intelligence in generating or modi- 13 fying the content. "Provenance data" does not include personal informa- 14 tion as defined in subdivision five of section two hundred two of the 15 state technology law or a unique device, system, or service information 16 that is reasonably capable of being associated with a particular user, 17 including but not limited to an internet protocol address. 18 (ii) "Generative artificial intelligence system" means a class of AI 19 model that is self-supervised and emulates the structure and character- 20 istics of input data in order to generate derived synthetic content, 21 including, but not limited to, images, videos, audio, text, and other 22 digital content. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07928-04-5 
 A. 8523 2 1 (iii) "Synthetic content" means audio, images or videos that have been 2 produced or significantly modified by a generative artificial intelli- 3 gence system. 4 (iv) "AI model" means an information system or a component of an 5 information system that implements artificial intelligence technology 6 and uses computational, statistical, or machine-learning techniques to 7 produce outputs from a given set of inputs. 8 (v) "Generative artificial intelligence provider" means an organiza- 9 tion or individual that creates, codes, substantially modifies, or 10 otherwise produces a generative artificial intelligence system that is 11 made publicly available for use by a New York resident, regardless of 12 whether the terms of such use include compensation. 13 (b) Commencing with the two thousand thirty election cycle, a campaign 14 for the office of governor, lieutenant governor, attorney general, or 15 comptroller shall apply provenance data, either directly or through the 16 use of third-party technology, to all political communications distrib- 17 uted or published by the campaign that are produced as or include images 18 or videos. 19 (c) The application of provenance data to political communications, as 20 required by this subdivision, shall, at a minimum, communicate the 21 following provenance data: 22 (i) The type of device, system, or service that was used to generate 23 the audio or audios, image or images, and/or video or videos within or 24 comprising the political communication; 25 (ii) The specific portions of the political communication that are 26 synthetic content, if any; 27 (iii) Whether the content was created or edited using artificial 28 intelligence; 29 (iv) The name of the generative artificial intelligence provider used 30 to generate the synthetic content, if any; and 31 (v) The time and date any of the provenance data delineated in this 32 paragraph was applied. 33 (d) If a violation of this section is intentional or is the result of 34 grossly negligent conduct, a penalty shall be assessed by the attorney 35 general of up to one hundred thousand dollars for each violation. If a 36 violation of this section is unintentional or is not the result of 37 grossly negligent conduct, a penalty shall be assessed by the attorney 38 general of up to fifty thousand dollars for each violation. 39 § 3. The attorney general may promulgate such rules and regulations as 40 are necessary to effectuate and enforce the provisions of subdivision 8 41 of section 14-106 of the election law, including identifying acceptable 42 methods, formats, and third party technologies for campaigns for the 43 office of governor, lieutenant governor, attorney general, or comp- 44 troller to use to apply provenance data to political communication 45 pursuant to such subdivision. 46 § 4. This act shall take effect on the one hundred eightieth day after 47 it shall have become a law and paragraphs (b) and (c) of subdivision 8 48 of section 14-106 of the election law, as added by section two of this 49 act, shall expire and be deemed repealed on December 31, 2030.