New York State bills would ban 'deepfakes,' put guardrails on artificial intelligence, expand liquor store hours on Sundays

ALBANY — Wide-ranging measures passed by the State Legislature this session include one to ban "deepfake" images online that most often are used to humiliate or coerce women, and the creation of a commission to maximize the benefits of artificial intelligence while placing restrictions on its dark side.

Other measures would extend hours that liquor stores can be open on Sundays; provide workers more leverage in the job market; expand the “move-over law” for vehicles on the side of highways; and launch a pilot program to steeply reduce the deer population in Southold.

All the measures passed in June during the final days of the 2023 session soon will go to Gov. Kathy Hochul, who could sign the bills into law or veto them.

The legislature voted to create a crime of using deepfakes — the practice of digitizing or manipulating images online, including superimposing the face of someone on an unrelated image, such as pornography. The practice has been used by jilted lovers and strangers for revenge.

In politics, deepfakes have been used to portray a public figure saying or doing something they never did. Celebrities are also a frequent target, with the faces of stars superimposed on pornographic images and videos, according to researchers.

There are about 85,000 deepfakes on the internet now, said bill sponsor Sen. Michelle Hinchey (D-Saugerties).

“That’s only going to increase, especially with the rise of artificial intelligence and how accessible that is becoming for everyday folks,” Hinchey told Newsday. She said about 90% of deepfakes involve women in pornographic videos and images.

“As a young woman, it’s something we are always concerned about in our lives,” Hinchey said. “I think we’re living in a moment with the rise and increased use of technology, especially with A.I., that leaves both a lot of interesting opportunities and a lot of very scary situations, very precarious and frankly very dangerous possibilities. It’s incumbent on us in the absence of action by the federal government stepping in. We have to start somewhere.”

The measure would add deepfakes to the state’s 2019 “revenge porn” law, which is a class A misdemeanor punishable by up to a year in jail. The new measure also would add language to the law because revenge porn is done by someone who knew the victim, while deepfakes can be from someone with no connection to his or her victim.

“The sharing of and threats to share these images can be used in abusive relationships as a mechanism of coercion and control,” said bill sponsor Assemb. Amy Paulin (D-Scarsdale). “Women in abusive relationships often already find it extremely challenging to leave or go to the police for a myriad of reasons.”

More than a half-dozen states have passed laws or advanced legislation to address deepfakes, according to the National Conference of State Legislatures. 

“Deepfakes are widely used in the production of pornography, but we also know that they are increasingly used to create disinformation, which can include depictions of politicians and public officials for political purposes,” said Jane Kirtley, professor of media ethics and law at the Hubbard School of Journalism and Mass Communication at the University of Minnesota.

“I think the goal here is to criminalize particular content to provide the victims depicted in the images with a basis to seek legal redress, either through criminal prosecution or a civil action, and at the very least to persuade social media platforms to remove the content,” Kirtley said.

But she said there are obstacles and concerns about such legislation. A federal statute shields operators of online platforms from removing content created by users. Further, the First Amendment protection of free speech is broad, unless the speech violates criminal law.

New York has taken another step to address abuses of A.I.

A measure passed this month would create a temporary commission to investigate which laws should be pursued in part to restrict abuse of artificial intelligence. Already artificial intelligence is used to target consumers and voters with advertisements based on their interests culled from their online choices. The new challenge of A.I. is that it is software that can, to an extent, learn and make decisions based on data such as preference for an entertainer or politician.

The commission will have a broad assignment. The tasks will include proposing laws that could nurture the benefits of the technology to create jobs, as well as address concerns about job losses through robotics and automation, said the bill’s co-sponsor, Assemb. Clyde Vanel (D-Queens).

“It’s important to think of these things prospectively,” Vanel said. “We should not be afraid. We should embrace the opportunities … but create guardrails.”

Among other measures adopted by the legislature this month and awaiting action by Hochul are:

A bill to allow liquor and wine stores to be open on Sundays between 10 a,m, and 10 p,m, The current law allows sales from noon to 9 p,m, Supporters say the measure would align liquor and wine store hours to restaurant hours, , A vehicle and traffic bill would build on the 2012 “move-over law” that requires motorists to slow down and move to another lane if possible when a police or other emergency vehicle is parked on the side of a highway, The new measure also would require “due care” and lane changing when possible for all vehicles disabled or parked along a highway, The penalty is a moving violation that can result in a fine, marks against a driver’s license and increases in auto insurance premiums, , A pilot program to reduce the population of deer in Southold would issue special permits to “certified nuisance wildlife specialists” employed or contracted by the state or federal government and certified by the state to shoot deer within the town, The measure says Southold is one of many communities statewide facing a spike in the deer population that has led to more deer-automobile accidents, spreading tickborne illnesses and excessive damage to public and privately owned property, according to the measure sponsored by Sen, Anthony Palumbo (R-New Suffolk) and Assemb, Fred Thiele (D-Sag Harbor), , A workplace measure to protect employees who refuse to attend mandatory partisan political, religious or anti-union messaging by their bosses in meetings or rallies, The bill states this practice by some employers is on the rise, , Another workplace bill would prohibit “noncompete clauses” that some employers use to prevent a worker from going to work for a competitor in the same area, The measure would affect such contracts written or modified starting 30 days after the bill is signed into law, Employers have said the clauses help avoid losing employees after they have received valuable training in a trade or profession, , The Birds and Bees Protection Act would prohibit the sale of certain pesticides on seeds for corn, wheat and soybeans and on outdoor ornamental plants and turf for sellers beginning in 2027, The measure could be suspended if there is a shortage of seeds for crops or during an “environmental emergency,” A Cornell University study found the specific pesticides threaten birds and bees and pollination, while not effectively improving crop yields, Opponents said the measure will hurt farmers, who will lose more of their crops to pests, .

Editor's Note -- An earlier version of this story incorrectly reported the effective date for the bill. It would affect contracts written or modified starting 30 days after the bill is signed into law.