N.Y. General Business Law § 1420: Definitions

* § 1420. Definitions. As used in this article, the following terms

shall have the following meanings:

1. "Affiliate" means a person controlling, controlled by, or under

common control with a specified person, directly or indirectly, through

one or more intermediaries.

2. "Artificial intelligence model" means an engineered or

machine-based system that varies in its level of autonomy and that can,

for explicit or implicit objectives, infer from the input it receives

how to generate outputs that can influence physical or virtual

environments.

3. (a) "Catastrophic risk" means a foreseeable and material risk that

a frontier developer's development, storage, use, or deployment of a

frontier model will materially contribute to the death of, or serious

injury to, more than fifty people or more than one billion dollars in

damage to, or loss of, property arising from a single incident involving

a frontier model doing any of the following:

(i) providing expert-level assistance in the creation or release of a

chemical, biological, radiological, or nuclear weapon;

(ii) engaging in conduct with no meaningful human oversight,

intervention, or supervision that is either a cyberattack or, if the

conduct had been committed by a human, would constitute the crime of

murder, assault, extortion, or theft, including theft by false pretense;

or

(iii) evading the control of its frontier developer or user.

(b) "Catastrophic risk" does not include a foreseeable and material

risk from any of the following:

(i) information that a frontier model outputs if the information is

otherwise publicly accessible in a substantially similar form from a

source other than a foundation model;

(ii) lawful activity of the federal government; or

(iii) harm caused by a frontier model in combination with other

software if the frontier model did not materially contribute to the

harm.

4. "Critical safety incident" means any of the following:

(a) unauthorized access to, modification of, or exfiltration of, the

model weights of a frontier model that results in death or bodily

injury;

(b) harm resulting from the materialization of a catastrophic risk;

(c) loss of control of a frontier model causing death or bodily

injury; or

(d) a frontier model that uses deceptive techniques against the

frontier developer to subvert the controls or monitoring of its frontier

developer outside of the context of an evaluation designed to elicit

this behavior and in a manner that demonstrates materially increased

catastrophic risk.

5. (a) "Deploy" means to make a frontier model available to a third

party for use, modification, copying, or combination with other

software.

(b) "Deploy" does not include making a frontier model available to a

third party for the primary purpose of developing or evaluating the

frontier model.

6. "Foundation model" means an artificial intelligence model that is

all of the following:

(a) trained on a broad data set;

(b) designed for generality of output; and

(c) adaptable to a wide range of distinctive tasks.

7. "Frontier AI framework" means documented technical and

organizational protocols to manage, assess, and mitigate catastrophic

risks.

8. "Frontier developer" means a person who has trained, or initiated

the training of, a frontier model, with respect to which the person has

used, or intends to use, at least as much computing power to train the

frontier model as would meet the technical specifications found in

subdivision nine of this section.

9. (a) "Frontier model" means a foundation model that was trained

using a quantity of computing power greater than 10^26 integer or

floating-point operations.

(b) The quantity of computing power described in paragraph (a) of this

subdivision shall include computing for the original training run and

for any subsequent fine-tuning, reinforcement learning, or other

material modifications the developer applies to a preceding foundation

model.

10. "Large frontier developer" means a frontier developer that

together with its affiliates collectively had annual gross revenues in

excess of five hundred million dollars in the preceding calendar year.

11. "Model weight" means a numerical parameter in a frontier model

that is adjusted through training and that helps determine how inputs

are transformed into outputs.

12. "Department" means the department of financial services.

13. "Property" means tangible or intangible property.

14. "Person" means an individual, proprietorship, firm, partnership,

joint venture, syndicate, business trust, company, corporation, limited

liability company, association, committee, or any other nongovernmental

organization or group of persons acting in concert.

15. "Superintendent" means the superintendent of financial services.

16. "Office" means an office within the department of financial

services, which shall report to the superintendent of financial services

and is tasked with implementation of this article.

* NB Effective January 1, 2027