N.Y. GBS Law § 1420 — New York Code / Act GBS / Article 44-B / Section 1420
Definitions
Status: in_force

* § 1420. Definitions. As used in this article, the following terms\nshall have the following meanings:\n  1. "Affiliate" means a person controlling, controlled by, or under\ncommon control with a specified person, directly or indirectly, through\none or more intermediaries.\n  2. "Artificial intelligence model" means an engineered or\nmachine-based system that varies in its level of autonomy and that can,\nfor explicit or implicit objectives, infer from the input it receives\nhow to generate outputs that can influence physical or virtual\nenvironments.\n  3. (a) "Catastrophic risk" means a foreseeable and material risk that\na frontier developer's development, storage, use, or deployment of a\nfrontier model will materially contribute to the death of, or serious\ninjury to, more than fifty people or more than one billion dollars in\ndamage to, or loss of, property arising from a single incident involving\na frontier model doing any of the following:\n  (i) providing expert-level assistance in the creation or release of a\nchemical, biological, radiological, or nuclear weapon;\n  (ii) engaging in conduct with no meaningful human oversight,\nintervention, or supervision that is either a cyberattack or, if the\nconduct had been committed by a human, would constitute the crime of\nmurder, assault, extortion, or theft, including theft by false pretense;\nor\n  (iii) evading the control of its frontier developer or user.\n  (b) "Catastrophic risk" does not include a foreseeable and material\nrisk from any of the following:\n  (i) information that a frontier model outputs if the information is\notherwise publicly accessible in a substantially similar form from a\nsource other than a foundation model;\n  (ii) lawful activity of the federal government; or\n  (iii) harm caused by a frontier model in combination with other\nsoftware if the frontier model did not materially contribute to the\nharm.\n  4. "Critical safety incident" means any of the following:\n  (a) unauthorized access to, modification of, or exfiltration of, the\nmodel weights of a frontier model that results in death or bodily\ninjury;\n  (b) harm resulting from the materialization of a catastrophic risk;\n  (c) loss of control of a frontier model causing death or bodily\ninjury; or\n  (d) a frontier model that uses deceptive techniques against the\nfrontier developer to subvert the controls or monitoring of its frontier\ndeveloper outside of the context of an evaluation designed to elicit\nthis behavior and in a manner that demonstrates materially increased\ncatastrophic risk.\n  5. (a) "Deploy" means to make a frontier model available to a third\nparty for use, modification, copying, or combination with other\nsoftware.\n  (b) "Deploy" does not include making a frontier model available to a\nthird party for the primary purpose of developing or evaluating the\nfrontier model.\n  6. "Foundation model" means an artificial intelligence model that is\nall of the following:\n  (a) trained on a broad data set;\n  (b) designed for generality of output; and\n  (c) adaptable to a wide range of distinctive tasks.\n  7. "Frontier AI framework" means documented technical and\norganizational protocols to manage, assess, and mitigate catastrophic\nrisks.\n  8. "Frontier developer" means a person who has trained, or initiated\nthe training of, a frontier model, with respect to which the person has\nused, or intends to use, at least as much computing power to train the\nfrontier model as would meet the technical specifications found in\nsubdivision nine of this section.\n  9. (a) "Frontier model" means a foundation model that was trained\nusing a quantity of computing power greater than 10^26 integer or\nfloating-point operations.\n  (b) The quantity of computing power described in paragraph (a) of this\nsubdivision shall include computing for the original training run and\nfor any subsequent fine-tuning, reinforcement learning, or other\nmaterial modifications the developer applies to a preceding foundation\nmodel.\n  10. "Large frontier developer" means a frontier developer that\ntogether with its affiliates collectively had annual gross revenues in\nexcess of five hundred million dollars in the preceding calendar year.\n  11. "Model weight" means a numerical parameter in a frontier model\nthat is adjusted through training and that helps determine how inputs\nare transformed into outputs.\n  12. "Department" means the department of financial services.\n  13. "Property" means tangible or intangible property.\n  14. "Person" means an individual, proprietorship, firm, partnership,\njoint venture, syndicate, business trust, company, corporation, limited\nliability company, association, committee, or any other nongovernmental\norganization or group of persons acting in concert.\n  15. "Superintendent" means the superintendent of financial services.\n  16. "Office" means an office within the department of financial\nservices, which shall report to the superintendent of financial services\nand is tasked with implementation of this article.\n  * NB Effective January 1, 2027\n