BILL NUMBER: S8209
SPONSOR: COONEY
 
TITLE OF BILL:
An act to amend the state technology law, in relation to enacting the
New York artificial intelligence bill of rights
 
PURPOSE OR GENERAL IDEA OF BILL:
Enacts the New York artificial intelligence bill of rights.
 
SUMMARY OF SPECIFIC PROVISIONS:
§ 401: Sets forth key terms.
§ 402: States that the rights within this article apply to New York
residents and govern developers of systems impacting civil rights,
liberties, privacy, opportunities, and essential services.
§ 403: Explains that the rights in this article should be interpreted as
a whole, and not exclusive of one another.
§ 404: Right to safe and effective systems
§ 405: Right to not face algorithmic discrimination
§ 406: Right to not face abusive data practices; Right to have agency
over one's data
§ 407: Right to know when an automated system is being used; Right to
understand how any why an automated system contributed to outcomes that
impacted a person
§ 408: Right to opt out of an automated system; Right to work with a
human in the place of an automated system.
§ 409: Provides that operators of systems who violate any of the rights
may be liable to the people of the state for a penalty not less than
three times such damages caused. Provides that there by no private cause
of action arising out of the provisions of this section.
 
JUSTIFICATION:
Systems which use artificial intelligence to make automated decisions
are widely used today. However, the capabilities of such systems are
limited in that they are unable to use a human level thought process to
make these decisions. However, over the next few years, we can expect
these systems to further increase in their abilities and even more
complex decisions with a human level of deliberation. As a consequence,
we are heading into .a future where many important decisions, such as
ones which affect a person's livelihood and freedom, and societies'
liberties and democracy will be made by machines with little human
input. While these machines have the ability to be more efficient and
more objective than any human, we must still recognize the legitimate
concerns that can be raised in the realms of fairness, transparency, and
accountability.
As such, we must ensure that people are protected from private companies
and government entities who create systems that make automated decisions
that affect people's lives. As such, it is necessary to safeguard these
rights through a New York state artificial intelligence bill of rights.
This Bill of Rights is modeled after the White House Office of Science
and Technology's white paper called "A Blueprint for an AI Bill of
Rights."
 
PRIOR LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
LBD
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth date after it shall have
become law. Effective immediately, the addition, amendment, and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.