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New York Seeks Protection Against Fraudulent Uses of AI


The state is taking further action to protect its residents against untrustworthy and fraudulent uses for artificial intelligence as it continues to build and embrace the future of responsible AI.

As part of her proposed 2025 Executive Budget, Governor Kathy Hochul included legislation that would add a misdemeanor for unauthorized uses of a person’s voice; allow for a private right of action to combat digitally manipulated false images; update the Penal Law to account for unauthorized uses of artificial intelligence; and require disclosures on digitized political communications published within 60 days of an election.

The legislation would also update the Penal Law to clarify that crimes committed with the unauthorized use of artificial intelligence still constitute crimes and expand certain crimes to specifically include unauthorized uses of artificial intelligence, including:

  • Coercion in the third degree
  • Criminal impersonation in the first and second-degree
  • Identity theft in the third, second, and first degree, and aggravated identity theft
  • Crimes regarding promoting and possessing a sexual performance or obscene sexual performance by a child

 In addition, the legislation would establish the crime of Unlawful Dissemination or Publication of a Fabricated Photographic, Videographic, or Audio Record.

The Governor has also proposed legislation to require all forms of political communication – including video recording, motion picture, film, audio recording, electronic image, photograph, text, or any technological representation of speech or conduct – created through digitization to provide a disclosure of its use when published or distributed 60 days prior to an election.

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