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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
The bill establishes aggravated harassment via digital communication and a private right of action for unlawful deep fake dissemination.
Business Impact
If you publish digital content, ensure consent for deep fakes or face legal action immediately.
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
New York's bill S05583 addresses the misuse of deep fakes by establishing aggravated harassment laws and allowing individuals to seek legal recourse. It defines deep fakes as altered images depicting individuals in pornographic acts or graphic violence without consent.
Key Provisions
- Section 240.80: Establishes aggravated harassment by means of electronic or digital communication.
- Section 52-b: Provides a private right of action for unlawful dissemination of deep fakes.
- Defines 'deep fake' as altered images depicting pornographic acts or graphic violence without consent.
- Classifies aggravated harassment as a class A misdemeanor.
- Exempts lawful reporting and certain legal practices from liability.
Latest Legislative Action
REFERRED TO CODES
Bill Sponsors
| Name | Role |
|---|---|
| Andrew J. Lanza R | Primary |
| BROOKS | Primary |
| COMRIE | Primary |
| Jessica Scarcella-Spanton D | Primary |
| KENNEDY | Primary |
Compliance Checklist
Ensure all digital content does not include deep fakes without consent.
Who: Content creators and distributors.
Deadline: Immediately upon enactment.
Penalty: Class A misdemeanor penalties and potential civil damages.
Who: Content creators and distributors.
Deadline: Immediately upon enactment.
Penalty: Class A misdemeanor penalties and potential civil damages.
Implement procedures for obtaining consent for any images used.
Who: Businesses involved in digital media.
Deadline: Immediately upon enactment.
Penalty: Legal action from affected individuals.
Who: Businesses involved in digital media.
Deadline: Immediately upon enactment.
Penalty: Legal action from affected individuals.
Related & Companion Bills
New York S06829 — Establishes the crime of aggravated harassment by means of …
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New York S06278 — 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 A06293 — 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
Bill S05583 introduces the crime of aggravated harassment by means of electronic or digital communication, specifically targeting the production, distribution, or publication of deep fakes. According to Section 240.80, a deep fake is a digitized image altered to incorporate a person's face or identifiable body part onto another image, depicting pornographic or lewd sex acts or graphic violence without explicit written permission. Such actions are classified as a class A misdemeanor. Additionally, the bill amends the civil rights law to provide a private right of action for individuals whose images are unlawfully disseminated or published as deep fakes. This allows affected individuals to seek injunctive relief, punitive damages, compensatory damages, and reasonable court costs and attorney's fees. The bill includes exemptions for lawful reporting, legal proceedings, and other legitimate public purposes. It does not require a prior criminal complaint for a civil action to be initiated.
Official Source
Official Bill Text
View S05583 on official legislature website →
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