New York

AI Policy Overview

New York lawmakers have been very active in debating AI policy since late 2023 and enacted a major AI safety law in 2025.

In 2024, New York enacted a law (NY AB 9430/SB 7543) that limits the use of AI tools by state agencies. Under the law, government agencies are prohibited from using or procuring automated decision-making systems for functions related to public assistance, that impact civil liberties, safety, or welfare, or affect provided rights. For other uses of automated decision-making systems, government agencies will need to conduct reviews and publish impact assessments.

In 2023, lawmakers passed a bill (NY AB 4969) that would have established a temporary state commission to study and investigate how to regulate artificial intelligence, robotics, and automation. However, Governor Hochul (D) vetoed the bill as part of a sweeping set of vetoes the governor issued in late 2023 on proposed study commissions. Additionally, the Assembly Labor Committee and Committee on Science and Technology held a joint hearing in October 2023 on the impact of AI on the workforce.

In 2025, New York lawmakers included AI provisions in the state budget requiring  companion chatbots to have protocols for users who express thoughts of self-harm (NY AB 3008/SB 3008), sexual deepfakes (NY AB 3005/SB 3005), and providing funds for the Empire AI initiative (NY AB 3003/SB 3003) a consortium of public and private AI researchers.

AI Safety

In 2025, New York became the second state, months after California, to enact a law addressing frontier AI models (NY AB 6453/SB 6953) known as the Responsible AI Safety and Education (RAISE) Act. In order to agree to signing the bill into law, the governor requested chapter amendments that were enacted in early 2026 (NY AB 9449). The final law requires large frontier developers (those with over $500 million in annual revenue) to publish and comply with a frontier AI framework detailing how they assess and mitigate catastrophic risks from AI models trained using at least 10²⁶ computing operations. Additionally, frontier developers must report critical safety incidents to the Department of Financial Services within 72 hours, or within 24 hours if the incident poses an imminent risk of death or serious injury.

Deepfakes

Sexual Deepfakes

In 2023, New York enacted a law (NY SB 1042A) that makes it a crime to intentionally disseminate or publish a deepfake video or images that depict a person with "one or more intimate parts exposed or engaging in sexual conduct with another person, including an image created or altered by digitization, where such person may reasonably be identified."

In 2024, as part of a broader budget law (NY AB 8808/SB 8308), lawmakers enacted a right of action against non-consensual sexual deepfakes and a prohibition on political deepfakes without a disclaimer. Lawmakers further clarified the political deepfake law with additional legislation in 2024 (NY AB 10402/SB 9678) that clarified that a person who distributes or publishes deepfake political communication must have actual knowledge that it is materially deceptive and that penalties shall not apply for reporting that clearly acknowledges there are questions about the authenticity of the media.

In 2025, again as part of a broader budget bill, New York enacted a law (NY AB 3005/SB 3005), which prohibits creating or sharing deepfakes depicting child sexual abuse.

Digital Replicas

In 2024, as part of a broader law on the fashion industry (NY AB 5631/SB 9832), New York included a digital replica under the definition of “modeling services” and required written consent for the creation or use of a fashion model’s digital replica. In 2025, New York lawmakers built on this by adding digital replicas to the state’s right of publicity law (NY AB 8882/SB 8391).

Also in 2025, New York enacted a law (NY AB 8887/SB 8420) requiring advertisements containing digital replicas to contain a disclosure that there is a digital replica in the advertisement. The law provides exceptions for advertisements for promotional materials for expressive works, such as movies, TV, video games, and streaming content.

Legislative & Regulatory History

  • 2025 - New York enacted NY AB 6453/SB 6953, the Responsible AI Safety and Education (RAISE) Act, which regulates developers of frontier AI models. 

  • 2025 - New York enacted NY AB 8295/SB 7599, which requires state agencies to publish a list of automated decision making tools on their website. 

  • 2025 - New York enacted NY AB 8887/SB 8420, which requires advertisements with synthetic performers to include a disclosure. 

  • 2025 - New York enacted NY AB 8882/SB 8391, which adds definitions, including “digital replica,” to the state’s right of publicity law. 

  • 2025 - New York enacted NY AB 3307/SB 1840, which incorporates recommended amendments to the Uniform Commercial Code regarding emerging technologies. 

  • 2025 - New York enacted NY AB 1417/SB 7882, which prohibits rental property owners and managers from agreeing not to compete on rental terms, including through algorithmic devices. 

  • 2025 - New York enacted NY AB 3003/SB 3003, a budget bill that provided $90 million in capital grants for the Empire AI initiative. 

  • 2025 – New York enacted NY AB 3005/SB 3005, a budget bill that prohibited sexual deepfakes depicting child sexual abuse material. 

  • 2025 - New York enacted NY AB 3008/SB 3008, a budget bill which established provisions for AI companion chatbots. 

  • 2025 - New York enacted NY SB 822/AB 433, which amends state law on AI by state agencies in hiring.

  • 2024 - New York enacted NY AB 9430/SB 7543, which limits the use of AI tools by state agencies and requires conducting and publishing impact assessments.

  • 2024 - New York enacted NY AB 5631/SB 9832, which requires written consent for the creation or use of a fashion model’s digital replica. 

  • 2024 - New York enacted NY AB 10402/SB 9678, which makes further clarifications on the political deepfake law enacted earlier that year. 

  • 2024 - New York enacted a budget law NY AB 8808/SB 8308, which includes a right of action against non-consensual sexual deepfakes and prohibits political deepfakes without a disclaimer.

  • 2023 - New York enacted NY SB 1042A, which makes it a crime to disseminate a deepfake depicting a person engaged in sexual conduct.

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