Relating to the requirements for chatbot deployers, including required protocols, limitations on data collection, and requirements for minors to interact with artificial intelligence companions and therapeutic chatbots, and providing civil penalties, punitive penalties, and civil causes of action

The bill defines “deployer” as a person that owns an artificial intelligence available for public use. The bill defines “therapeutic chatbot” as a chatbot designed for the primary purpose of providing mental health support, counseling, or therapy by diagnosing, treating, mitigating, or preventing a mental health condition. The bill also defines “minor”, “output”, and “reasonable age verification”. The bill requires a deployer of a chatbot to implement and maintain protocols meant to detect, respond to, report, and mitigate harm the chatbot may cause a user in a manner that prioritizes the safety and well-being of users over the deployer’s interests, and limit the collection and storage of user information collected by the chatbot to what is necessary to fulfill the deployer’s purpose for making the chatbot publicly available. The bill requires a deployer to implement reasonable age verification measures to ensure that a minor cannot use or purchase an AI companion the deployer makes publicly available. The bill prohibits a deployer from making a chatbot publicly available if the chatbot was knowingly designed to impersonate a real individual, regardless of whether the individual is living or deceased, unless the deployer first obtains permission to impersonate the individual from sources detailed in the bill, or, in situations where no person is responsible for a deceased individual’s estate, a deployer may make such a chatbot publicly available if the chatbot was designed solely as an educational or research tool or if a reasonable person would believe the chatbot has objective artistic, cultural, or political value. The bill prohibits a deployer from making a therapeutic chatbot available for a minor’s mental health support, counseling, or therapy unless the therapeutic chatbot meets certain requirements as detailed in the bill. The bill does not apply to a chatbot that is designed to only provide generic responses, including encouragement, to input from a user, and a reasonable person would not expect the responses to create an emotional bond between two individuals having the same conversation. The bill allows the attorney general to bring an action on behalf of the state to enforce the bill’s provisions and seek an injunction for violations of the bill. A court may issue a civil penalty of not more than $2,500 for each violation of the bill, or $7,500 if a person violates an injunction issued under the bill. Penalties awarded to the state under the bill shall be deposited into the general fund of the state. The bill allows a minor who uses a chatbot that does not comply with the bill to bring an action to recover punitive damages of not less than $100 but not more than $750 or actual damages, whichever is greater; emotional distress damages; court costs; and reasonable attorney fees.