Senator Jeremy Cooney sponsors bill S8206 in New York, requiring AI users to pledge against offensive and harmful speech. Critics raise concerns over potential First Amendment conflicts.
A proposed bill in New York (S8206), sponsored by Sen. Jeremy Cooney, would require users of generative or surveillance artificial intelligence systems to affirm, under penalty of perjury, that they will not use these systems to produce offensive, harassing, violent, or discriminatory speech. This legislation is currently pending before the New York Senate Internet and Technology Committee.
The bill mandates that users create an account before utilizing the AI service and sign a document affirming they will not:
1. Create or disseminate content that can foreseeably cause injury to another.
2. Promote any form of illegal activity.
3. Disseminate defamatory, offensive, harassing, violent, discriminatory, or otherwise harmful content.
4. Spread false information intended to mislead the public or cause panic.
Critics argue that the bill could violate the First Amendment of the U.S. Constitution, as much of the speech it seeks to restrict is protected under current constitutional law. They contend that the terms used in the bill are vague and could encompass protected speech, such as certain political or religious statements, and discussions perceived as offensive or harassing. The bill also attempts to limit speech that encourages illegal activities broadly, which remains constitutionally protected unless it explicitly incites imminent criminal conduct.
The debate over this bill continues, with constitutional experts pointing out potential conflicts with established free speech rights.