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Q&A

Maloney asks about the RAISE Act's enforcement teeth

New York City Council · Oct 5, 2026 · starts 7:55:45 · 3 min 42 sec

Councilmember Virginia Maloney asks about the RAISE Act's final penalties and what teeth it now has. Bores says penalties fell to $1-3 million partly due to companies' arguments, and he wishes the original amounts had held; Gounardes notes the new Digit Office's role in proposing stronger future rules.

Virginia Maloney

Thank you, Chair, and thank you all for being here.

Virginia Maloney

A special welcome to my state colleagues who also represent the constituents of District 4, Assemblymember Alex Perez and State Senator Gonzalez, who was here before.

Virginia Maloney

And I also want to thank you for your work in Albany to pass the RAISE Act.

Virginia Maloney

Because of you, New York was the first in the nation to pass a frontier AI safety bill that went into law.

Virginia Maloney

But I wanted to ask about the process.

Virginia Maloney

The original bill had penalties of $10 million up to $30 million.

Virginia Maloney

And the final version is looking more like $1 million to $3 million.

Virginia Maloney

These companies are able to spend millions of dollars training models.

Virginia Maloney

What teeth does this bill actually have now as law?

Virginia Maloney

And can you speak to why those fines were reduced?

Virginia Maloney

Open to anyone who'd like to comment.

Member of the Public - Alex Bores

Those fines were reduced because the companies insisted that they would be paying similar fines in every municipality and every state because obviously every state municipality would pass a copycat law.

Member of the Public - Alex Bores

The fact that here we are and there are three states that have passed such a law suggests that they significantly underestimated their own lobbying power, but also I think gives credence to the effort of what you are doing here at TEDx.

Member of the Public - Alex Bores

today of holding them accountable and that multiple municipalities and jurisdictions should do that.

Member of the Public - Alex Bores

One to three million dollars is nothing for these companies, absolutely nothing.

Member of the Public - Alex Bores

It's about what they are going to pay just to register in New York to the digit office that will be regulating them.

Member of the Public - Alex Bores

Depending on the number of companies that qualify, it'll be one to two million dollars.

Member of the Public - Alex Bores

So that is not an amount that provides an incentive strong enough to change behavior.

Member of the Public - Alex Bores

Maybe private rights of action, maybe whistleblower protections, maybe requiring outside audits, maybe a lot of the things that this council is considering will, but certainly a million to three million won't.

Member of the Public - Andrew Gounardes

I'll just add to that.

Member of the Public - Andrew Gounardes

I totally agree with what a submember Boris said.

Member of the Public - Andrew Gounardes

The one, I think, novel thing about the digit office that we created as part of the RAISE Act is that we empowered the state regulator to not only receive the safety reports and the safety plans of these companies and to

Member of the Public - Andrew Gounardes

assess the validity and the legitimacy of those reports, but also we empower them to propose and study the issue of continuing improvement to our AI safety laws

Member of the Public - Andrew Gounardes

so that we develop the expertise over time about how we can make our laws like the RAISE Act stronger.

Member of the Public - Andrew Gounardes

So today, that function does not do anything currently, but it is our hope and our expectation that as the RAISE Act is implemented,

Member of the Public - Andrew Gounardes

As the changes to this technology become more evident, we develop a deeper state-based, you know, as an administrative state expertise

Member of the Public - Andrew Gounardes

in this field to be able to propose far-reaching and ambitious guardrails for the next iteration and the next iteration after that and not have to rely.

Member of the Public - Andrew Gounardes

on, as we did early on, hearing from companies about what they could or could not do and not have sufficient, for lack of a better word, firepower behind us to always be able to answer back in a way that would be able to win over our critics.

Member of the Public - Andrew Gounardes

And so the digital office in the future should have this ability to play a much larger role than it currently does.

Member of the Public - Andrew Gounardes

And I certainly look forward to seeing that come to fruition as we see the law be further implemented.