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NY S01042

NY S01042: Includes "deep fake" images created by digitization within the definition of unlawful dissemination or publication of an intimate image. Verified

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AI Summary

This bill expands the definition of unlawful dissemination of intimate images to include deep fake images created by digitization.

Business Impact

If you create or distribute digital content in New York, you must ensure it does not include deep fake images of individuals without consent or face legal penalties.

State
New York
Bill Number
S01042
Status
Passed Both Chambers
Risk Level
Medium
Category
Amendment
Effective Date
Mar 10, 2023
Last Action
Sep 29, 2023
Last Verified
May 1, 2026
Data Updated
May 1, 2026
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

Digital Media Technology Content Creation General

Topics How we classify →

What This Means

The New York bill S01042 amends existing laws to include deep fake images in the definition of unlawful dissemination of intimate images. This change aims to protect individuals from non-consensual use of their likeness in digital formats. Businesses involved in digital content creation or distribution should be aware of the implications of this legislation.

Key Provisions

Latest Legislative Action

SIGNED CHAP.513

Bill Sponsors (showing 5 of 20)

Name Role
Primary
Primary
Primary
Primary
Primary

Roll Call Votes

Assembly Vote · Jun 6, 2023
148 Yea 0 Nay 2 Other Passed ✓
Floor Vote: Vote - Version: A · May 22, 2023
61 Yea 0 Nay 2 Other Passed ✓
Codes Vote · May 1, 2023
13 Yea 0 Nay Passed ✓

Compliance Checklist

Ensure all digital content does not include deep fake images of individuals without consent.
Who: Content creators and distributors.
Deadline: By the effective date of the law.
Penalty: Potential criminal charges for unlawful dissemination.

Related & Companion Bills

New York A03596 — Includes "deep fake" images created by digitization within … New York S06304 — Includes "deep fake" images created by digitization within … New York A06862 — Includes "deep fake" images created by digitization within …

Full Legal Analysis

Bill S01042 amends New York's penal law to include deep fake images within the scope of unlawful dissemination or publication of intimate images. Specifically, it prohibits the intentional dissemination or publication of images depicting individuals in intimate situations without their consent, now explicitly covering images altered or created through digitization. Compliance is required from all individuals and entities that disseminate or publish such images, with no specific compliance deadline mentioned, but the law will take effect 60 days after becoming law. The penalties for non-compliance are not explicitly detailed in the bill text, but violations could lead to criminal charges under the amended penal law. Key definitions include 'digitization,' which refers to altering images realistically using either actual images of individuals or computer-generated images. This broadens the scope of accountability for creators and distributors of digital content, especially in the context of emerging technologies. This bill aligns with similar legislative efforts in other states aimed at combating the misuse of deep fake technology, reflecting a growing recognition of the potential harms associated with such digital manipulations. Businesses operating in the digital content space should review their practices to ensure compliance with this new legal framework.

Official Source


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