Watch the News Conference Here:
https://www.youtube.com/watch?v=Lxpaye6SHRw
County Executive Ken Jenkins signed legislation prohibiting the unlawful use of digitally deceptive material in Westchester. Digitally deceptive material, or what many know as “deep fakes,” refers to content such as images, videos, or text that have been created or modified by artificial intelligence (AI) to present false information. The legislation closes gaps in the penal law if someone not only impersonates a person’s image or video image, but also their voice, or anything else relating to their likeness using AI. The new law expands penalties for the creation and distribution of digitally enhanced media, ensuring Westchester County’s residents are better protected from the circulation of harmful, false content.
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. I want to thank the Westchester County Board of Legislators for introducing this new bill that addresses gaps that exist due to the progressing world of AI.”
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: “I am thankful for the partnership of our executive and legislative branches in providing this new tool to hold abusers accountable. Too often, gaps in existing laws allow advances in technology to outpace the criminal justice system. 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: “I would like to thank County Executive Ken Jenkins for signing this vital bill into law today. It will help protect our residents – especially seniors and other vulnerable members of our community - from the growing threat of malicious AI use. This bill addresses a critical gap in our legal system, and I commend Legislator Holstein for his dedication to this cause. 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: “AI has incredible potential, but when used maliciously, it can cause real harm, especially to our seniors, women and young people. I’m proud to see this law signed today. It will help protect residents from the growing threats of digital deception, including AI-driven 'deep fakes' used to impersonate individuals or depict them in obscene situations without consent. I want to thank County Executive Ken Jenkins for his leadership and our legislative team for their tireless work in crafting this important bill. 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.”
The law goes into effect immediately.