AI Frontier Institute

"GAI Accountability Act;" imposes civil penalties on generative artificial intelligence platforms engaging in harmful activity, including exploitation of children.

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New Jersey S4701, the "GAI Accountability Act," was introduced October 1, 2026 and referred to the Senate Economic Growth Committee. It has not been enacted. If enacted, it would add a new section to Title 56 that makes owners, operators, and developers of generative AI platforms civilly liable if they fail to prevent the platform from certain harmful conduct. The bill covers platforms that do business in, are based in, or operate from New Jersey, and platforms accessible to New Jersey residents. Under section 1.b., liability would arise if the platform (1) engages in conduct that would be a crime if a human did it: murder (N.J.S.2C:11-3), assault (N.J.S.2C:12-1), theft by deception (N.J.S.2C:20-4), theft by extortion (N.J.S.2C:20-5), endangering the welfare of children (N.J.S.2C:24-4a), or creating child sexual abuse or exploitation material (N.J.S.2C:24-4b); or (2) provides information that facilitates a user's commission of one of those crimes, where a human doing so would be aiding or abetting under N.J.S.2C:2-6. The second category does not apply if the information is publicly available in substantially similar form from a source other than a GAI platform. Section 1.c. gives an affirmative defense to a platform that used reasonable efforts to prevent a violation. Section 1.d. sets a civil penalty of $20,000 per violation, proven by a preponderance of the evidence, and only the Attorney General can bring an enforcement action. Under section 2, the act would take effect on the first day of the fourth month after enactment. Section 1.a. defines "artificial intelligence," "generative artificial intelligence," and "generative artificial intelligence platform."

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