ASSEMBLY, No. 2364
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman CHRIS TULLY
District 38 (Bergen)
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
Co-Sponsored by:
Assemblywoman Murphy, Assemblymen Danielsen, Karabinchak, Assemblywomen Speight, Lampitt, Swain, Assemblyman Wimberly and Assemblywoman Lopez
SYNOPSIS
Establishes Deepfake Technology Unit in DLPS; appropriates $2 million.
CURRENT VERSION OF TEXT
As reported by the Assembly Science, Innovation and Technology Committee on March 4, 2024, with amendments.
An Act establishing the 1[Deep Fake] Deepfake1 Technology Unit, supplementing Title 2C of the New Jersey Statutes, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in 1[this act] P.L. ,c. (C. ) (pending before the Legislature as this bill), "[Deceptive] deceptive1 audio or visual media" or "1[deep fake] deepfake1" means any video recording, 1motion picture film,1 sound recording, electronic image, photograph, 1[or]1 any technological representation of speech or conduct 1substantially derivative thereof, or any forgery or facsimile of a document or writing,1 that appears to 1[authentically] a reasonable person to realistically1 depict any speech 1[or],1 conduct1, or writing1 of a person who did not in fact engage in the speech 1[or] ,1 conduct1, or writing1 and the production of which was substantially dependent upon technical means, rather than the ability of another person to physically or verbally impersonate the person.
b. The Attorney General, in consultation with the Chief Technology Officer of the New Jersey Office of Information Technology in the Department of the Treasury, shall establish in the Division of Criminal Justice in the Department of Law and Public Safety, a unit, to be known as the 1[Deep Fake] Deepfake1 Technology Unit, to assist in the detection and prevention of deceptive audio or visual media.
The purpose of this office shall be to provide technical assistance, expertise, education, and training to State and local law enforcement agencies, prosecutors, and State courts regarding the investigation and analysis of potentially deceptive audio or visual media. The unit shall be under the immediate supervision of a manager with appropriate technical and legal expertise, who shall be appointed by the Attorney General, and shall be staffed as necessary to effectuate the provisions of this section. The Administrative Director of the Administrative Office of the Courts may designate a representative to work with the unit as a liaison and training coordinator.
The unit's responsibilities shall include, but not be limited to:
(1) analyzing, authenticating, and developing evidence related to deceptive audio or visual media in support of State and local law enforcement investigations and prosecutions;
(2) providing expert testimony in court proceedings involving deceptive or potentially deceptive audio or visual media evidence;
(3) offering training and technical assistance to State and local law enforcement agencies, prosecutors, and State courts to raise awareness regarding the issue of deceptive audio or visual media and to enhance the ability to detect, investigate, and prosecute deceptive audio or visual media-related offenses;
(4) collaborating with other State and federal agencies, as well as private sector entities, to share information, resources, and best practices related to deceptive audio or visual media detection, analysis, and prevention; and
(5) to begin one year following the formation of the unit, issuing an annual report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, which shall include, but not be limited to:
(a) detailed information regarding the unit's activity during the preceding year;
(b) a summary of the technological advancements in deceptive audio or visual media and applicable detection methods;
(c) a summary of changes to the law related to deceptive audio or visual media, such as legislation, court rulings, and regulations;
(d) information regarding the unit's collaboration with academic institutions and the private sector; and
(e) recommendations for legislation and regulations to address the challenges posed by deceptive audio or visual media.
c. The Attorney General may adopt guidelines necessary to implement the provisions of this section.
d. There is appropriated from the General Fund 1[$2 million] $2,000,0001 to the Department of Law and Public Safety to effectuate the provisions of this section.
2. This act shall take effect six months following enactment; however, the Attorney General may take any administrative action in advance as necessary to implement the provisions of this act.