Res. No. 1062

Resolution calling on the New York State Legislature to pass, and the Governor to sign, A.3924, also known as the Right to Your Own Image Act, in relation to privacy rights involving digitization

By Council Member Hanks

Whereas, Artificial Intelligence (“AI”) is largely defined as a category of technology focusing on the simulation of human intelligence; and

Whereas, The term “deepfake” means a video, image, or audio recording generated or substantially modified using AI to falsely depict events, individuals’ speech or conduct, or individuals altogether; and

Whereas, Deepfakes are being used to impersonate financial experts and business leaders on social media, in fake livestreams, and in digital ads to extract money from New Yorkers in fraudulent transactions, according to an investor alert published by the New York State Attorney General in August of 2024; and

Whereas, AI-enabled voice cloning, a type of deepfaking, is used to conduct impersonation scams to deceive the public into transferring money to putative family members in crisis, according to a consumer alert published by the Federal Trade Commission in April of 2024; and

Whereas, According to the Federal Bureau of Investigation, individuals in New York State lost an estimated $38.77 million, including over $21 million lost by individuals over 60, in online relationship impersonation schemes in 2024; and

Whereas, In 2024 the New York City Department of Consumer and Worker Protection released tips to help New Yorkers detect and respond to deepfake scams; and

Whereas, Meta trained its AI image-generator on 1.1 billion publicly visible Facebook and Instagram images, as reported by Ars Technica in December of 2023; and

Whereas, According to a CNN report in July of 2025, Guess, H&M, and Levi’s have begun utilizing AI-generated models as part of advertising campaigns; and

Whereas, The New York State Fashion Workers Act specifically protects professional models from the nonconsensual use of their digital replication by AI, but provides no such protections for members of the public whose name, voice, or likeness may be utilized as part of an AI-generated model, advertising campaign, or any other commercial endeavor; and

Whereas, According to the National Conference of State Legislatures, in 2024 at least 25 states passed laws regulating the use of deepfakes; and

Whereas, Section 51 of the New York State Civil Rights Law (CRL) has provided a private right of action for a living person whose name, image, or likeness is used without the person’s written consent for advertising or trade purposes for over 120 years, but New York State lacks adequate protections for living persons whose image, voice, or likeness is appropriated by generative AI for such purposes; and

Whereas, A.3924, introduced by New York State Assembly Member Alex Bores on January 30, 2025 and pending in the New York State Assembly, would provide that the private right of action in section 51 of the CRL protects against the nonconsensual creation or alteration of a living person’s image, voice, or likeness through AI or any other computer-generated or technological means for commercial or trade purposes; and

Whereas, A.3924 would explicitly allow New Yorkers recourse against impersonation through deepfakes; now, therefore, be it

Resolved, That the Council of the City of New York calls on the New York State Legislature to pass, and the Governor to sign, A.3924, also known as the Right to Your Own Image Act, in relation to privacy rights involving digitization.

BW/ALK

LS #20117

09/10/2025 5:04 PM