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The Mayor is not a dictator and can't just make up laws or regulations. He can probably get DCWP to engage in the normal rule making process, but at most this
by Eridrus 3mo ago
The Mayor is not a dictator and can't just make up laws or regulations.
He can probably get DCWP to engage in the normal rule making process, but at most this is probably going to get some AI disclosure somewhere, which is what we had for "virtually staged" lies.
- weakfish 3mo agoIt’s directing the city to treat it as false advertising in existing law if I understand correctly
- Eridrus 3mo agoRight, which is why all we're going to get it a label saying that AI was used (or maybe landlords will try to fly through on the label of "virtually staged" that they've been using). Existing law doesn't have the authority to ban all AI images as inherently deceptive, and DCWP isn't going to be spending a bunch of time prosecuting individual images. I agree with Mamdani that these images are often deceptive and misleading and sifting through the bullshit is annoying (and was annoying with virtually staged images too). It's just not going to go anywhere. The energy would be better spent on zoning and building code reform.
- enraged_camel 3mo agoI take it you are a lawyer specializing in NY real estate law, then? Would be interesting to hear a more detailed analysis if so.
- Eridrus 3mo agoI am honestly so surprised that everyone on HN is so naive that they take political statements like this at face value. Politicians routinely say they will do things they do not have the authority to do, and it's often very important to understanding what will actually happen to have some understanding of what authorities are available to them, or at the very least ask Google/LLMs about it.
- horusborus 3mo ago[dead]
- enraged_camel 3mo agoAh, so you aren’t a lawyer then.
- senordevnyc 2mo agoActually, studies show that politicians keep their promises, or at least attempt to, more often than not.
- valleyer 3mo agoThe law applies to everyone, so it's reasonable for everyone to try to understand it, not just attorneys. Similarly, it's fine for people to have opinions on food, dental hygiene, and the tax code without being a chef, a dentist, and an accountant.
- rapidaneurism 3mo agoI thought it was illegal in new york (and probably the rest of the us) to give legal advice if not a lawyer. And in my understanding interpreting the law as opposed to just reciting it constitutes legal advice.
- kennywinker 3mo agoPot, meet kettle.
- valleyer 3mo agoNo, merely analyzing or discussing the law generally does not constitute the practice of law. If it did, plenty of newspaper articles, law review journals (often written by law students), non-attorney legal aid, and legal pamphlets would be prohibited. If you want something more concrete, I googled it, and in New York, there appears to have been a case New York County Lawyers’ Association v. Dacey, in which Dacey wrote a book "How to Avoid Probate!", and the NYCA accepted a dissent in a lower court, stating in part: Does the writing, publication, advertising, sale and distribution of "How To Avoid Probate!" constitute the unauthorized practice of law within the meaning of subdivision B of section 750? It cannot be claimed that the publication of a legal text which purports to say what the law is amounts to legal practice. And the mere fact that the principles or rules stated in the text may be accepted by a particular reader as a solution to his problem does not affect this. and later humorously quoting: "[I]t is a prized American privilege to speak one's mind, although not always with perfect good taste, on all public institutions" (Bridges v. California, 314 U. S. 252, 270) https://accessiblelaw.org/Disclaimer.html https://accessiblelaw.org/Disclaimer.html
- evil-olive 3mo ago> The energy would be better spent on zoning and building code reform. you've constructed a false dichotomy here. the government of a city with ~8 million people is capable of doing multiple things at the same time.
- sidewndr46 3mo agoI hope they don't figure out virtually all housing is photographed with those weird lenses and the colors are enhanced digitally
- kennywinker 3mo agoWhat do you call a reverse slippery-slope argument? “All images are edited, therefore ai editing is ok.” Degrees of alteration matter, pretending ai images are the same as color retouching is dumb.
- sidewndr46 3mo agoI guess for me, the question is how do you define each degree? If I say something like "Gemini, make the colors pop in my photos!" is that OK?
- kennywinker 3mo agoIdk, what happens when you do that? Does it apply traditional color filters and tweaks, or does it process the photo thru generative ai potentially altering it in ways beyond what you intended?
- TurdF3rguson 3mo agoYes I'm sure he's talking about disclosure. California has this law state-wide.
- Eridrus 3mo agoI agree, we're going to get a little warning label, just like the "virtually staged" labels that are already there and nothing of consequence will actually change. That is why I say this is a nothing burger.
- TurdF3rguson 3mo agoBut that label does serve a purpose. Plenty of people don't know that there's even such a thing as that.
- Eridrus 3mo agoI strongly disagree. This is just the Politician's Fallacy. I keep harping on about the "virtual staging" that real estate agents have been doing for a decade that is equally deceptive and annoying and already gets labeled, and the labels don't actually help because you're still left trying to decipher what is real yourself. If they wanted to actually do something useful, they'd get together with the legislature and pass a law saying that real estate listings need to come with floor plans that are accurate within X% under the penalty of some sort of fine with a private right of action. But passing laws is hard and faces opposition.
- TurdF3rguson 3mo agoIt ultimately won't matter because they can show no photo at all and people who are desperate will show up for it. It doesn't really touch the issue of affordable housing so there's not much to cheer for here.