NY A10217: Establishes the crime of aggravated harassment by means of electronic or digital communication; provides for a private right of action for the unlawf…
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Establishes the crime of aggravated harassment by means of electronic or digital communication; provides for a private right of action for the unlawful dissemination or publication of deep fakes, which are digitized images which are altered to incorporate a person's face or their identifiable body…
AI Summary
This bill establishes aggravated harassment via digital communication with intent to harass, annoy, threaten, or alarm, and allows private action against unlawful deep fakes where privacy is expected.
The proposed legislation in New York aims to combat aggravated harassment through electronic means with intent to harass, annoy, threaten, or alarm, and addresses the growing concern over deep fakes. It establishes criminal penalties for creating or distributing harmful digital content that misrepresents individuals. The bill also provides a private right of action for those affected, ensuring individuals can seek justice against unauthorized use of their likeness where they had a reasonable expectation of privacy.
Key Provisions
Establishes aggravated harassment via electronic communication with intent to harass, annoy, threaten, or alarm for distributing harmful deep fakes.
Defines 'deep fake' and outlines the criteria for unlawful dissemination.
Allows individuals to sue for damages if depicted in unauthorized deep fakes where they had a reasonable expectation of privacy.
Specifies exemptions for lawful reporting and public interest disclosures.
Clarifies that no prior criminal complaint is needed for civil action.
Establishes penalties for violations as a class A misdemeanor.
Latest Legislative Action
print number 10217a
Bill Sponsors
Name
Role
ABBATE
Primary
Rules Committee
Primary
SALKA
Primary
Yudelka TapiaD
Primary
Compliance Checklist
Ensure all digital content does not include unauthorized deep fakes. Who: Content creators and distributors in New York. Penalty: Potential class A misdemeanor charges.
Obtain explicit written consent for using individuals' likenesses in digital content. Who: Businesses and individuals creating digital media. Penalty: Legal action for unlawful dissemination.
The bill introduces a new crime of aggravated harassment via electronic or digital communication, specifically targeting the production and dissemination of deep fakes with intent to harass, annoy, threaten, or alarm. A deep fake is defined as a digitized image that alters a person's likeness in a way that depicts pornographic or violent content without consent. Violators of this law could face a class A misdemeanor charge, which carries potential penalties including fines and imprisonment. Additionally, the bill amends the civil rights law to provide individuals depicted in deep fakes a private right of action against those who unlawfully disseminate such images where the person had a reasonable expectation of privacy. This allows victims to seek compensatory and punitive damages, as well as injunctive relief to remove harmful content. The law clarifies that consent must be explicit and that individuals have a reasonable expectation of privacy regarding their images. The bill also outlines specific exemptions, such as lawful reporting of criminal conduct and legitimate public interest disclosures. Importantly, it does not require a prior criminal complaint to pursue civil action, making it easier for victims to seek redress. The bill's provisions are designed to enhance protections against digital harassment and misuse of personal images, reflecting a growing recognition of the challenges posed by emerging technologies like deep fakes.
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