Requires the owner, licensee or operator of a generative artificial intelligence system to conspicuously display a warning 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 and/or inappropriate.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10103B
SPONSOR: Vanel TITLE OF BILL:
An act to amend the general business law, in relation to requiring warn-
ings on generative artificial intelligence systems
PURPOSE OR GENERAL IDEA:
Requires warnings on generative artificial intelligence systems.
SUMMARY OF PROVISIONS:
399-zzzzzz (1): Defines important terms.
399-zzzzzz (2): Requires that all generative Al systems have a conspicu-
ous warning on their user interface which reasonably apprises the user
that the outputs of the system may be inaccurate/inappropriate.
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 Al
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 Al 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 Al 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 least for 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.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED:
Adjusted the definitions of generative artificial intelligence systems
and artificial intelligence.
PRIOR LEGISLATIVE HISTORY:
New bill.
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
________________________________________________________________________
10103--B
IN ASSEMBLY
May 3, 2024
___________
Introduced by M. of A. VANEL -- read once and referred to the Committee
on Science and Technology -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the general business law, in relation to requiring warn-
ings 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. Warnings 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 any artifi-
7 cial intelligence system whose primary function is to generate content,
8 which can take the form of code, text, images, and more.
9 (b) "Artificial intelligence" shall mean a machine-based system that
10 can, for a given set of human-defined objectives, make predictions,
11 recommendations, or decisions influencing real or virtual environments.
12 Artificial intelligence systems use machine- and human-based inputs to
13 perceive real and virtual environments; abstract such perceptions into
14 models through analysis in an automated manner; and use model inference
15 to formulate options for information or action. This definition includes
16 but is not limited to systems that use machine learning, large language
17 model, natural language processing, and computer vision technologies,
18 including generative AI.
19 2. The owner, licensee or operator of a generative artificial intelli-
20 gence system shall conspicuously display a warning on the system's user
21 interface that is reasonably calculated to consistently apprise the user
22 that the outputs of the generative artificial intelligence system may be
23 inaccurate and/or inappropriate.
24 3. Where such owner, licensee or operator of a generative artificial
25 intelligence system fails to provide the warning required in subdivision
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15438-04-4
A. 10103--B 2
1 two of this section, such owner, licensee or operator shall be assessed
2 a civil penalty of the lesser of twenty-five dollars per user of such
3 system or one hundred thousand dollars. Each calendar year during which
4 a violation continues shall constitute a separate violation.
5 § 2. This act shall take effect on the ninetieth day after it shall
6 have become a law.
