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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 and a private right of action for the unlawful dissemination of deep fakes and intimate images.
Business Impact
If you operate a platform that hosts images or videos, you must ensure consent for deep fakes or face legal action.
What do these statuses mean? ▼
Introduced
— Filed in the legislature; not yet heard in committee
In Committee
— Assigned to and being reviewed by a legislative committee
Passed
— Approved by one or both chambers; awaiting further action
Signed / Enacted
— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed
— Vetoed, failed to pass, or session expired without action
Unknown
— Status data not yet available or awaiting classification
Affected Industries
Topics How we classify →
What This Means
This legislation aims to combat the misuse of deep fakes and electronic harassment by establishing new criminal and civil liabilities. It affects individuals and entities that produce or disseminate altered digital content without explicit written permission, particularly in cases involving graphic or pornographic material. The bill introduces penalties for harassment with intent to harass, annoy, threaten, or alarm and provides a private right of action for victims.
Key Provisions
- Establishes aggravated harassment via electronic communication involving deep fakes with intent to harass, annoy, threaten, or alarm.
- Defines 'deep fake' and outlines conditions for unlawful dissemination, including lack of explicit written permission.
- Provides a private right of action for victims of non-consensual deep fakes and intimate images.
- Classifies aggravated harassment as a class A misdemeanor.
- Specifies exemptions for lawful reporting and public interest.
- Clarifies that no prior criminal complaint is needed for civil actions.
- Specifies remedies including punitive damages and attorney's fees.
Latest Legislative Action
COMMITTED TO RULES
Bill Sponsors (showing 5 of 16)
| Name | Role |
|---|---|
| KAMINSKY | Primary |
| Kevin S. Parker D | Primary |
| LITTLE | Primary |
| Patricia Fahy | Primary |
| SAVINO | Primary |
Roll Call Votes
Codes Vote ·
May 9, 2022
13 Yea
0 Nay
Passed ✓
Compliance Checklist
Ensure all digital content featuring individuals has explicit consent.
Who: Content creators and distributors.
Deadline: Immediately upon enactment.
Penalty: Legal action for non-compliance.
Who: Content creators and distributors.
Deadline: Immediately upon enactment.
Penalty: Legal action for non-compliance.
Implement procedures to remove non-consensual deep fakes upon request.
Who: Websites and platforms hosting such content.
Deadline: Upon receiving a court order.
Penalty: Potential legal liability.
Who: Websites and platforms hosting such content.
Deadline: Upon receiving a court order.
Penalty: Potential legal liability.
Related & Companion Bills
New York S06278 — Establishes the crime of aggravated harassment by means of …
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New York S05583 — Establishes the crime of aggravated harassment by means of …
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New York A06293 — Establishes the crime of aggravated harassment by means of …
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New York A04217 — Establishes the crime of aggravated harassment by means of …
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New York A10217 — Establishes the crime of aggravated harassment by means of …
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Full Legal Analysis
The bill introduces a new crime of aggravated harassment through electronic or digital communication, specifically targeting the production and dissemination of deep fakes with intent to harass, annoy, threaten, or alarm. A person is guilty of this offense if they intend to harass another by distributing material that includes a deep fake, defined as an altered image depicting graphic violence or lewd acts without explicit written permission. This offense is classified as a class A misdemeanor, which carries potential penalties including fines and imprisonment. Additionally, the bill amends the civil rights law to provide a private right of action for individuals depicted in deep fakes or intimate images that were disseminated without explicit written permission. This allows victims to seek damages, including punitive damages and attorney's fees, and injunctive relief against those who unlawfully share such content. The law specifies 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 unlawful conduct and dissemination for legitimate public purposes. Importantly, it clarifies that prior criminal complaints are not necessary to establish a cause of action under this section. The provisions are designed to enhance protections against the misuse of technology in harassment cases and to empower victims to take legal action against offenders.
Official Source
Official Bill Text
View S06829 on official legislature website →
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