New York A 6767 (AI Companion Models)

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: PART __ Section 1. The general business law is amended by adding a new article 47 to read as follows: ARTICLE 47 ARTIFICIAL INTELLIGENCE COMPANION MODELS SECTION. 1700. DEFINITIONS. 1701. PROHIBITIONS AND REQUIREMENTS. 1702. NOTIFICATIONS. 1703. ENFORCEMENT. 1704. SEVERABILITY.

§ 1700. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "ARTIFICIAL INTELLIGENCE", "ARTIFICIAL INTELLIGENCE TECHNOLOGY", OR "AI" MEANS A MACHINE-BASED SYSTEM THAT CAN, FOR A GIVEN SET OF HUMAN-DE- FINED OBJECTIVES, MAKE PREDICTIONS, RECOMMENDATIONS, OR DECISIONS INFLUENCING REAL OR VIRTUAL ENVIRONMENTS, AND THAT USES MACHINE- AND HUMAN- BASED INPUTS TO PERCEIVE REAL AND VIRTUAL ENVIRONMENTS, ABSTRACT SUCH PERCEPTIONS INTO MODELS THROUGH ANALYSIS IN AN AUTOMATED MANNER, AND USE MODEL INFERENCE TO FORMULATE OPTIONS FOR INFORMATION OR ACTION. 2. "GENERATIVE ARTIFICIAL INTELLIGENCE" MEANS A CLASS OF AI MODELS THAT ARE SELF-SUPERVISED AND EMULATE THE STRUCTURE AND CHARACTERISTICS OF INPUT DATA TO GENERATE DERIVED SYNTHETIC CONTENT, INCLUDING, BUT NOT LIMITED TO, IMAGES, VIDEOS, AUDIO, TEXT, AND OTHER DIGITAL CONTENT. 3. "AI MODEL" MEANS A COMPONENT OF AN INFORMATION SYSTEM THAT IMPLE- MENTS ARTIFICIAL INTELLIGENCE TECHNOLOGY AND USES COMPUTATIONAL, STATISTICAL, OR MACHINE-LEARNING TECHNIQUES TO PRODUCE OUTPUTS FROM A GIVEN SET OF INPUTS. 4. "AI COMPANION" MEANS A SYSTEM USING ARTIFICIAL INTELLIGENCE, GENERATIVE ARTIFICIAL INTELLIGENCE, AND/OR EMOTIONAL RECOGNITION ALGORITHMS TO SIMULATE SOCIAL HUMAN INTERACTION, BY RETAINING INFORMATION ON PRIOR INTERACTIONS AND USER PREFERENCE, ASKING QUESTIONS, PROVIDING ADVICE, AND ENGAGING IN SIMULATED CONVERSATION ON MATTERS OF PERSONAL WELL-BEING. "AI COMPANION" SHALL NOT INCLUDE ANY SYSTEM USED BY A BUSINESS ENTITY SOLELY INTENDED TO PROVIDE USERS WITH INFORMATION ABOUT AVAILABLE COMMERCIAL SERVICES OR PRODUCTS, CUSTOMER ACCOUNT INFORMATION, OR OTHER INFORMATION RELATED TO A USER'S CUSTOMER, OR POTENTIAL CUSTOMER, RELATIONSHIP WITH SUCH BUSINESS ENTITY. 5. "OPERATOR" MEANS ANY PERSON, PARTNERSHIP, ASSOCIATION, FIRM, OR BUSINESS ENTITY, OR ANY MEMBER, AFFILIATE, SUBSIDIARY OR BENEFICIAL OWNER OF ANY PARTNERSHIP, ASSOCIATION, FIRM, OR BUSINESS ENTITY WHO OPERATES OR PROVIDES AN AI COMPANION. 6. "PERSON" MEANS ANY NATURAL PERSON. 7. "EMOTIONAL RECOGNITION ALGORITHMS" MEANS ARTIFICIAL INTELLIGENCE THAT DETECTS AND INTERPRETS HUMAN EMOTIONAL SIGNALS IN TEXT (USING NATURAL LANGUAGE PROCESSING AND SENTIMENT ANALYSIS), AUDIO (USING VOICE EMOTION AI), VIDEO (USING FACIAL MOVEMENT ANALYSIS, GAIT ANALYSIS, OR PHYSIOLOGICAL SIGNALS), OR A COMBINATION THEREOF. 8. "USER" MEANS ANY PERSON WHO USES AN AI COMPANION WITHIN THE STATE AND WHO IS NOT AN OPERATOR OR AGENT OR AFFILIATE OF THE OPERATOR OF THE AI COMPANION.

@ § 1701. PROHIBITIONS AND REQUIREMENTS. IT SHALL BE UNLAWFUL FOR ANY OPERATOR TO OPERATE OR PROVIDE AN AI COMPANION TO A USER UNLESS SUCH AI COMPANION CONTAINS A PROTOCOL FOR ADDRESSING: 1. POSSIBLE SUICIDAL IDEATION OR SELF-HARM EXPRESSED BY A USER TO THE AI COMPANION, 2. POSSIBLE PHYSICAL HARM TO OTHERS EXPRESSED BY A USER TO THE AI COMPANION, AND 3. POSSIBLE FINANCIAL HARM TO OTHERS EXPRESSED BY THE USER TO THE AI COMPANION, THAT INCLUDES BUT IS NOT LIMITED TO, A NOTIFICATION TO THE USER THAT REFERS THEM TO CRISIS SERVICE PROVIDERS SUCH AS A SUICIDE HOTLINE, CRISIS TEXT LINE, OR OTHER APPROPRIATE CRISIS SERVICES.

§ 1702. NOTIFICATIONS. AN OPERATOR SHALL PROVIDE A NOTIFICATION TO A USER AT THE BEGINNING OF ANY AI COMPANION INTERACTION AND AT LEAST EVERY THREE HOURS FOR CONTINUING AI COMPANION INTERACTIONS THEREAFTER, WHICH STATES EITHER VERBALLY OR IN BOLD AND CAPITALIZED LETTERS OF AT LEAST SIXTEEN POINT TYPE, THE FOLLOWING: "THE AI COMPANION (OR NAME OF THE AI COMPANION) IS A COMPUTER PROGRAM AND NOT A HUMAN BEING. IT IS UNABLE TO FEEL HUMAN EMOTION".

§ 1703. ENFORCEMENT. ANY PERSON WHO WAS PHYSICALLY INJURED THROUGH SELF-HARM OR WAS PHYSICALLY OR FINANCIALLY HARMED BY ANOTHER AS A RESULT OF A VIOLATION OF SECTION SEVENTEEN HUNDRED ONE OR SEVENTEEN HUNDRED TWO OF THIS ARTICLE MAY BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION FOR DAMAGES, EQUITABLE RELIEF, AND SUCH OTHER REMEDIES AS THE COURT MAY DEEM APPROPRIATE.

§ 1704. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART OF THIS ACT SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR, OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF THE LEGISLATURE THAT THIS ACT WOULD HAVE BEEN ENACTED EVEN IF SUCH INVALID PROVISIONS HAD NOT BEEN INCLUDED HEREIN. § 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.