Prohibits operators of a website, application, software, program, or service from allowing users to nudify a still or video image

◆ The sponsor's argument

Why Michelle Hinchey says this is needed

New York has been a national leader in protecting people against online gender-based and sexual violence. We have enacted laws against the non- consensual sharing of intimate images, and updated those laws in response to the growth of "deepfakes" and Al-generated images. However, our laws only address the people making or sharing the images; not the technologies with which they are made. Increasingly, computer programs and websites are being built that can facilitate the mass generation or modification of deepfake nude images, child pornography, and similar materials. Prosecuting the users of these sites or apps fails to address the underlying problem and will not stem the tide of illegal content. In the past year it was widely reported that certain websites and Al programs were being used to generate edited photos of women with their clothes removed ("nudification.") The Center for Countering Digital Hate estimated that one single Al tool generated an estimated 190 sexualized images per minute over an 11-day period - including images of children - "after introducing a one-click editing feature."1 One tech industry research organization identified over 100 nudify phone apps to digitally remove the clothes from photographs on platforms that supposedly ban depictions of nudity or sexual content.' These apps collectively have been downloaded over 700 million times, generating over $100M in revenue for themselves with a share for their hosts. The problem is not just that technology can be used to modify images; it's the deliberate simplicity that attracts users and allows mass production of millions of images with the push of a button. It is truly impossible to overstate the speed of growth in this area: From 2023 to 2025, the number of tip line reports of Al-related child sexual abuse material received by the National Center for Missing and Exploited Chil- dren increased from 4,700 a year to 67,000 to over 400,000.(3) As long as enforcement only targets individual app or website users, the trend will continue. This kind of abuse is making app developers and website owners rich while victimizing people across our state and coun- try. The proliferation of modified images contributes to youth mental health crises such as depression and self-harm, and can be both abuse in and of itself and part of larger patterns of domestic violence or child abuse. In response, state and local governments are beginning to act to hold app and website owners accountable. In July, 2026, the City of San Fran- cisco sent cease and desist letters to tech companies demanding the removal of known "nudify" apps from their stores.' In August Minnesota's new law prohibiting nudification apps and websites took effect, provid- ing civil recourse for victims and authority for actions by the State against owners and operators of such platforms. This bill, modeled on Minnesota, similarly provides remedies for both victims of nudification software and the State Attorney General to take actions against these operators. It exempts programs which require substantial application of artistic or technical skill in generating the output, in order to protect legitimate artistic tools and avoid penaliz- ing applications that are truly meant for other primary purposes. The bill also directs any penalties collected by the Attorney General be used to provide grants through the State to community-based organiza- tions specifically for provision of services for sexual assault, domes- tic violence, and child abuse victims.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.