Establishes the New York artificial intelligence ethics commission.

                STATE OF NEW YORK
        ________________________________________________________________________

                                          2487

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 21, 2025
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Internet and Technology

        AN ACT to amend the state technology law, in relation  to  enacting  the
          New York artificial intelligence ethics commission act

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "New York artificial intelligence ethics commission act".
     3    § 2. The state technology law is amended by adding a new section 106-c
     4  to read as follows:
     5    §  106-c.  1.  New York artificial intelligence ethics commission. The
     6  New York artificial intelligence ethics commission (the "commission") is
     7  hereby established. The commission shall serve as a regulatory  body  to
     8  ensure ethical use of artificial intelligence (AI) within New York state
     9  agencies and private entities operating within the state.
    10    2.  For  the  purposes of this section, the following terms shall have
    11  the following meanings:
    12    (a) "Artificial intelligence"  or  "AI"  shall  mean  a  machine-based
    13  system  that  can,  for  a  given  set of human-defined objectives, make
    14  predictions, recommendations, or decisions influencing real  or  virtual
    15  environments.
    16    (b)  "Use" shall mean the development, deployment, and operation of an
    17  AI system.
    18    (c) "Crime" shall mean any offense recognized by New York state law.
    19    3. The commission shall consist of nine members:  three  appointed  by
    20  the  governor;  two  appointed by the temporary president of the senate;
    21  one appointed by the minority leader of the senate; two appointed by the
    22  speaker of the assembly; one appointed by the  minority  leader  of  the
    23  assembly, reflective of diverse expertise in AI technology, ethics, law,
    24  and public policy.
    25    4. The commission shall:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06648-01-5
        S. 2487                             2

     1    (a) establish ethical guidelines and standards for the development and
     2  deployment of AI technologies;
     3    (b)  conduct reviews of AI projects for compliance with ethical stand-
     4  ards;
     5    (c) provide educational resources for New York state agencies and  the
     6  public on AI ethics;
     7    (d) advise the legislature on AI policy considerations;
     8    (e)  receive  and  investigate complaints regarding unethical AI prac-
     9  tices; and
    10    (f) develop certification for ethical AI systems and conduct  periodic
    11  audits.
    12    5.  The commission has the authority to oversee any AI system utilized
    13  by:
    14    (a) state agencies, for internal operations or public services; and
    15    (b) private companies operating in New York state, insofar as their AI
    16  usage impacts New York residents.
    17    6. No entity doing business in this state shall:
    18    (a) utilize AI systems that systematically and  unfairly  discriminate
    19  against individuals or groups based on race, gender, sexuality, disabil-
    20  ity, or any other protected characteristic;
    21    (b)  create  or  disseminate  false or misleading information by an AI
    22  system to deceive users or the public;
    23    (c) use an AI system to unlawfully  surveil,  record,  or  disseminate
    24  information about an individual without their consent;
    25    (d) participate in the unauthorized collection, processing, or dissem-
    26  ination  of  personal  information by an AI system without their consent
    27  shall be deemed an infringement of privacy;
    28    (e) participate in unauthorized use or  reproduction  of  intellectual
    29  property through AI algorithms;
    30    (f)  fail  to  implement  reasonable  safeguards, resulting in harm or
    31  material loss through the use of an AI system;
    32    (g) conduct AI research  that  is  harmful  or  without  the  informed
    33  consent of the subjects;
    34    (h)  intentionally  disrupt,  damage, or subversion of an AI system to
    35  undermine its integrity or performance; or
    36    (i) participate in the unauthorized use of someone's personal identity
    37  or data by artificial intelligence systems to commit fraud or theft.
    38    7. The commission shall have the power to impose penalties,  including
    39  fines  and  injunctions for violations of ethical guidelines established
    40  by the commission. Penalties for violations  under  subdivision  six  of
    41  this section shall be as follows:
    42    (a) Where harm is non-economic, a civil penalty, including injunctions
    43  and other damages.
    44    (b) Where economic harm is established or there is a systematic breach
    45  of privacy, criminal offenses shall be prosecuted by the attorney gener-
    46  al.
    47    8.  The  commission  shall  submit annual reports to the governor, the
    48  temporary president of the senate,  and  the  speaker  of  the  assembly
    49  detailing its activities, audit results, and policy recommendations.
    50    § 3. This act shall take effect immediately.