County Executive Ken Jenkins on Feb. 26 signed into law legislation prohibiting the unlawful use of digitally deceptive material in Westchester. Digitally deceptive material, sometimes branded as “deep fakes,” refers to content such as images, videos, or text created or modified by artificial intelligence (AI) to present false information. The new law permits prosecution of someone who misuses a person’s image or video image, their voice, or anything else relating to their likeness using AI. The new law went into effect immediately.
Jenkins said, “Using digital tools to create something that is seemingly authentic, with the intent of deceiving others, will not be tolerated in Westchester. This new law provides an additional level of protection for our residents, especially our seniors, who have increasingly fallen victim to harassment and scams.”
The law classifies the use of digitally deceptive content as a Class B misdemeanor, punishable by imprisonment, fine or both. The law increases to a Class A misdemeanor if a person violates the law during the commission of another crime, or if the offender has a prior conviction for the same offense within the last ten years.
Digitally deceptive material can include any still or video image, audio, text, or technological representation of a person’s name, picture, likeness or voice that has been modified to:
- Exhibit authenticity or an appearance that is visually or audibly indistinguishable from reality; or
- Depict a scenario that did not actually occur, or has been altered in a significant way from how it actually occurred through digitization.
Westchester County District Attorney Susan Cacace said, “Impersonators who use AI, in any medium, will no longer be able to evade accountability. I look forward to continuing to address these key areas of concern with our government partners.”
Chairman of the Westchester County Board of Legislators Vedat Gashi said, “It’s through the hard work of many, including the Westchester County District Attorney’s Office, that we’ve been able to take this important step toward ensuring our community is better protected from digital deception.”
Legislator Judah Holstein sponsored the law in partnership with the Westchester District Attorney’s Office and the County Law Department.
Holstein said, “This is a prime example of government working as it should. When leaders come together around common-sense solutions, we can act quickly to protect the public. I hope this legislation, and the collaborative, bipartisan effort behind it, serves as a model for the state and beyond.”
