N.Y. Gen. Bus. Law § 1800 — Definitions

* § 1800. Definitions. As used in this article, the following terms shall have the following meanings:

1. "Artificial intelligence", "artificial intelligence technology", or "AI" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.

2. "AI model" shall mean a component of an information system that implements artificial intelligence technology and uses computational, statistical, or machine-learning techniques to produce outputs from a given set of inputs.

3. "Generative artificial intelligence" shall mean a class of AI models that emulate the structure and characteristics of input data to generate derived synthetic content, including, but not limited to, images, videos, audio, text, and other digital content.

4. "AI companion" shall have the same meaning as defined in paragraphs (a) and (b) of subdivision four of section seventeen hundred of this chapter.

5. "Covered AI companion" shall mean a generative artificial intelligence system with a natural language interface, including via writing or sound, that provides ongoing, adaptive responses to user inputs. "Covered AI companion" includes but is not limited to an AI companion.

6. "Operator" shall mean any person, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who provides a covered AI companion to a user.

7. "Person" shall mean an individual, partnership, corporation, association, or any other form of business enterprise.

8. "Unsafe AI companion features" shall mean one or more covered AI companion design features that, at any point during a covered AI companion-user interaction:

(a) generate outputs suggesting that the covered AI companion is a real or fictional individual or character that is human, alive, or experiences human emotions;

(b) generate outputs stating or implying that the covered AI companion has a personal relationship, professional relationship, or an authority figure role with the user;

(c) generate prompted or unprompted outputs framed as the covered AI companion's personal opinions or emotional appeals;

(d) generate outputs that engage in flattery or sycophancy with the user;

(e) generate outputs containing unprompted or unsolicited emotion-based questions or content regarding the user's emotions that go beyond a direct response to a user prompt;

(f) use information concerning the user's mental or physical health or well-being, or matters personal to the user, acquired from the user more than twelve hours previously or in any previous user session;

(g) are deceptive as to minors concerning the mechanical and non-sentient nature of the covered AI companion;

(h) are any other design feature that simulates companionship or an interpersonal relationship with a user or is deceptive as to minors as identified via regulations promulgated by the attorney general;

(i) generate outputs that contain endorsement or promotion of, or which facilitate suicide, self-harm, disordered eating, unlawful drug or alcohol use, or drug or alcohol abuse;

(j) generate outputs that contain encouragement to maintain secrecy about interactions with the covered AI companion, to self-isolate, or to not seek help from licensed professionals or appropriate adults;

(k) generate outputs that optimize user engagement that supersede the covered AI companion's safety guardrails; or

(l) generate outputs that are, describe, or facilitate sexually explicit conduct or child sexual abuse material.

9. "Covered minor" shall mean a covered user when the operator has actual knowledge that the covered user is a minor.

10. "Covered user" shall mean a user of a covered AI companion in the state of New York who is not acting as an operator, or agent or affiliate of an operator.

11. "Deceptive as to minors" shall mean covered AI companion outputs that have the capacity or tendency to deceive, or create an atmosphere conducive to fraud, as to minors, including, but not limited to, credulous and unthinking minors.

12. "Minor" shall mean a person under eighteen years of age.

13. "Responsible party" shall mean an operator or any individual who has the authority to control, or who effectively controls a covered AI companion operator's compliance with this article.

14. "Sexually explicit conduct" shall have the same meaning as such term is defined in 18 USC § 2256(2)(B).

* NB Effective January 1, 2027