On December 11, 2025, New York Governor Kathy Hochul signed two bills aimed at regulating the use of synthetic artificial intelligence (AI) performers within the state. Supported by the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), one bill mandates that advertisers disclose the use of AI performers in advertisements, while the other prohibits the use of a deceased performer's likeness for deepfakes without the consent of their estate.

SAG-AFTRA had previously advocated for similar legislation in California, which resulted in protections for deceased performers against unauthorized AI replicas. The New York legislation builds on this by requiring clear disclosure when synthetic performers—defined as digital characters generated by AI that do not resemble real individuals—are employed. This measure aims to protect the employment opportunities of human actors in commercial roles.

During a press conference at SAG-AFTRA's New York headquarters, Governor Hochul underscored the importance of transparency regarding AI-generated images. Duncan Crabtree-Ireland, the executive director of SAG-AFTRA, highlighted the union's collaboration with legislators to address the immediate risks posed by unregulated AI usage, describing the new laws as potentially impactful on a national scale.

The digital replica bill specifically applies to performers who resided in New York at the time of their death, updating the state's post-mortem right of publicity to explicitly prohibit digital recreations using AI. However, the law includes significant exemptions for non-consensual replicas used in various entertainment forms, such as fictional works and docudramas. For example, productions like "For All Mankind" would not require permission to digitally recreate historical figures.

In contrast, on the same day, President Donald Trump signed an executive order that establishes a federal regulatory framework for AI, which reduces the authority of individual states in this domain. The order emphasizes the need for U.S. AI companies to operate without what it describes as 'cumbersome regulation,' arguing that excessive state oversight could stifle innovation.

The Trump administration, with support from David Sacks, the White House AI and crypto czar, advocates for federal regulations to take precedence over state laws, particularly to limit the influence of Democratic-led states like California and New York on the rapidly evolving AI industry. During the signing ceremony in the Oval Office, Trump was joined by Sacks, tech investor Chamath Palihapitiya, Senator Ted Cruz (R-TX), and Commerce Secretary Howard Lutnick.

This executive order is perceived as a victory for major tech companies, including OpenAI and Google, as well as venture capital firm Andreessen Horowitz, which have been lobbying for reduced regulatory constraints. These companies have been establishing offices near the Capitol and have initiated campaigns through a super PAC with a budget of at least $100 million for the upcoming midterm elections in 2026. Proponents of a federal regulatory standard argue that a uniform approach is essential for maintaining the U.S.'s competitive edge in the global AI landscape, as opposed to a fragmented system of regulations across the 50 states.