Bill > A3006

Introduced Session

This bill requires a person who produces an "advanced technological false personation record," as that term is defined in the bill, with the intent to distribute the record over the Internet or with knowledge that the record is to be so distributed, and which a person in this State has the ability to access via the Internet, to ensure the record contains certain disclosures. An advanced technological false personation record (record) which contains a moving visual element is to contain an embedded digital watermark clearly identifying the record as containing altered audio or visual elements. A record containing both an audio and a visual element is to include not less than one clearly articulated verbal statement that identifies the record as containing altered audio and visual elements, and a concise description of the extent of the alteration and an unobscured written statement in clearly readable text appearing at the bottom of the image throughout the duration of the visual element that identifies the record as containing altered audio and visual elements, and a concise description of the extent of the alteration. A record exclusively containing a visual element is to include an unobscured written statement in clearly readable text appearing at the bottom of the image throughout the duration of the visual element that identifies the record as containing altered visual elements, and a concise description of the extent of the alteration. A record exclusively containing an audio element is to include, at the beginning of the record, a clearly articulated verbal statement that identifies the record as containing altered audio elements and a concise description of the extent of the alteration, and in the event the record exceeds two minutes in length, not less than one additional clearly articulated verbal statement and additional concise description at some interval during each two-minute period thereafter. The provisions of the bill are not to apply with respect to any record: 1) containing alternative disclosures regarding the falsity of the exhibited material activities which a reasonable person would deem to be more prominent than those required under the bill; 2) during the process of producing the record, provided the ultimately distributed record is in compliance; 3) which primarily contains images or sound recordings of actual persons, such as performing artists, and have not been substantially digitally modified; 4) created in connection with editing a motion picture, television, music, or similar production or creating a derivative production thereof, the original content of which was created prior to the enactment of the bill, in which the person appearing provided consent to their original appearance; or 5) appearing in a context such that a reasonable person would not mistake the falsified material activity for actual material activity of the exhibited living person, such as parody shows or publications, historical reenactments, or fictionalized radio, television, or motion picture programming. The bill provides that the watermark requirement is not to apply with respect to any class of record which the Attorney General determines by regulation should be excluded. The bill requires the Attorney General, in coordination with any other State agency the Attorney General deems necssary, to submit a report to the Governor and the Legislature no later than five years after the date of enactment of the bill, and five years thereafter, describing trends related to prosecutions and civil penalties pursued pursuant to the bill and recommending any updates to the bill necessitated by the emergence of new technologies. It is to be an unlawful practice and a violation of the consumer fraud act to violate the provisions of the bill, which includes, but is not limited to penalties of not more than $10,000 for the first offense and not more than $20,000 for the second and each subsequent offense. Further, the bill provides that a person is to be guilty of a crime of the third degree if they knowingly omit or obscure the disclosure requirements of the bill: 1) with the intent to humiliate or otherwise harass the person falsely exhibited, provided the advanced technological false personation record contains sexual content of a visual nature and appears to feature the person engaging in such sexual acts or in a state of nudity; 2) with the intent to cause violence or physical harm, incite armed or diplomatic conflict, or interfere in an official proceeding, including an election, provided the advanced technological false personation record did in fact pose a credible threat of instigating or advancing these outcomes; 3) in the course of criminal conduct related to fraud, including securities fraud and wire fraud, false personation, or identity theft; or 4) by a foreign power, or an agent thereof, with the intent of influencing a domestic public policy debate, interfering in a federal, State, local, or territorial election, or engaging in other acts which the power may not lawfully undertake.

AI Summary

Committee Categories

Pam Lampitt (D)*, 

Assembly Science, Innovation and Technology Hearing (15:00 1/25/2021 Registration Form) (on 01/25/2021)

Official Document