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AI United States

NY Governor Wants To Criminalize Deceptive AI (axios.com) 39

New York Gov. Kathy Hochul is proposing legislation that would criminalize some deceptive and abusive uses of AI and require disclosure of AI in election campaign materials, her office told Axios. From the report: Hochul's proposed laws include establishing the crime of "unlawful dissemination or publication of a fabricated photographic, videographic, or audio record." Making unauthorized uses of a person's voice "in connection with advertising or trade" a misdemeanor offense. Such offenses are punishable by up to one year jail sentence. Expanding New York's penal law to include unauthorized uses of artificial intelligence in coercion, criminal impersonation and identity theft.

Amending existing intimate images and revenge porn statutes to include "digital images" -- ranging from realistic Photoshop-produced work to advanced AI-generated content. Codifying the right to sue over digitally manipulated false images. Requiring disclosures of AI use in all forms of political communication "including video recording, motion picture, film, audio recording, electronic image, photograph, text, or any technological representation of speech or conduct" within 60 days of an election.

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NY Governor Wants To Criminalize Deceptive AI

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  • As is fraud, slander and a whole host of other names for the same thing.

    If intentionally misleading people is criminal, then using AI to mislead people is criminal.

    Of course then so should the right to lying to the public be criminal, and from all I can see it seems to be protected under the first amendment. (If you are a US person, at least)

    • Of course then so should the right to lying to the public be criminal

      Good luck getting any politicians to vote for such a law. The phrase turkeys voting for Christmas comes to mind.

    • by ShanghaiBill ( 739463 ) on Friday February 16, 2024 @05:23PM (#64246180)

      If intentionally misleading people is criminal

      Intentionally misleading people is NOT a crime.

      You are free to lie.

      The burden is on the people you lied to to show your statements were false, a reasonable person wouldn't know they were false, and they suffered tangible harm.

      Even then, it is more likely a tort than a crime.

      • Thank you for making my point.
        The fact that you are free to lie in the US, and that it is viewed as protected speech is mind-boggling.

        Lying is lying.. but when you write down that lie it somehow becomes fraud, which is illegal?
        If you lie about someone's character it is libel, which is punishable by law?

        It should be illegal to lie. Sure, you can say what you want, but you should also be held to account for the consequences of those words. The first amendment does not give you a get out of jail free card to s

        • The fact that you are free to lie in the US

          This has nothing to do with the U.S.

          Lying is not a crime in any country.

          Feel free to prove me wrong by providing a citation.

          Of course, lying can be a necessary element of many crimes, such as fraud and slander, but it is not the lie that is illegal. In many countries, it is a crime to lie to the police, but only about material facts. Lying is a crime when it enables or covers up other crimes. That is true in all countries, and America is no exception.

        • > It should be illegal to lie. Functionally it doesn't work. Most people lie ("How was your weekend?" "Fine"), and even if you don't, most of us speak carelessly enough that our words could be construed as a lie. Attempting to criminalize lying would likely enable the courts to be weaponized for political purposes and/or overwhelm the justice system completely and/or degenerate into a silly charade of everyone prefacing their utterances with "for entertainment only". Simply unworkable.
    • by Rei ( 128717 )

      What's new, though?

      "unlawful dissemination or publication of a fabricated photograph" - you mean like netziens have been doing since time immemorial with Photoshop / Gimp?

  • I kind of agree, but I see no reason to single out AI. The bill should cover all forms of deceptive or fraudulent uses of a person's likeness regardless of the tools used to create it.
    • I kind of agree, but I see no reason to single out AI. The bill should cover all forms of deceptive or fraudulent uses of a person's likeness regardless of the tools used to create it.

      It has become painfully obvious that the NY Governor has never been made aware of of slander/libel laws.

      I grow tired of "new" laws/bills suggested when we don't even bother enforcing old laws. Screams of corruption.

      • I grow tired of "new" laws/bills suggested when we don't even bother enforcing old laws. Screams of corruption.

        Perhaps it's acceptable to look at this as the spirit of the old laws getting addendums so that they are less likely to be circumvented in judge-shopped corner cases, or more to the point, defining more clearly who is culpable in such situations. "It wasn't me, it was the one-armed AI!"

  • Without consequences, AI purveyors will wreak havoc on society as Meta and other "social" media do, and just show up and feign contrition in front of Congress every couple of years. Hochul is doing exactly the right thing. AI companies are wielding the sword. They must bear the consequences.
    • by HiThere ( 15173 )

      Even WITH consequences AI is going to wreak havoc on society. But if we do it right the benefits will outweigh the problems. (Then the problem is ensuring that the benefits help those that these changes disadvantage.)

  • by thrillseeker ( 518224 ) on Friday February 16, 2024 @05:02PM (#64246122)
    let's criminalize fiction books ... and movies ... and pickup lines. No lie is too small!
  • by Press2ToContinue ( 2424598 ) on Friday February 16, 2024 @05:03PM (#64246128)
    Define "fabricated."
  • At least in non-artificial intelligence.

    Else we can reopen Alcatraz and move Washington there.

  • “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

    In the U.S., Government regulation, restrictions, and bans that rub up against the First Amendment are generally introduced by the least educated politicians with the lowest respect for liberty... and almost always end up bein

    • In the U.S., Government regulation, restrictions, and bans that rub up against the First Amendment are generally introduced by the least educated politicians with the lowest respect for liberty... and almost always end up being overturned after wasting endlines time and dollars grinding through the legal system.

      The bad guys only have to win once, the good guys have to win every time. Thankfully, we still have groups dedicated to the fight.

      I'll grant that false images and statements of politicians made with malicious intent is a bad thing for society, but the fact that people believe those falsehoods is a failure of the politicians to maintain a stable political opinion. I.e. They flip flop too much, and as a result, the public has zero confidence that the latest propaganda against the politician is false. Furth

  • Someone should educate Ms. Hochul on the difference between a lie (you look beautiful, Kathy), deception (oh sorry I was out late working with my secretary, Kathy) and fraud (I borrowed your governor's credit card to buy a vacation for two to Tahiti. My secretary will send you pics.)

    Then there's always that pesky 1st Am thing.

  • Everything not compulsory is prohibited.

  • We'll put this law right alongside the laws that protect us from spam, scammers and unwanted phone calls.

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