Artificial intelligence (AI) is defined and understood in different ways.  The National Institute of Standards and Technology, in its AI Risk Management Framework, defines an AI system as an engineered or machine-based system that can, for a given set of objectives, generate outputs such as predictions, recommendations, or decisions influencing real or virtual environments.

In 2024 the Legislature established the AI Task Force, administered by the Office of the Attorney General.  The Task Force is tasked with assessing current uses and trends of AI and making recommendations to the Legislature regarding guidelines and potential legislation for the use of AI systems.

Notifications and Engagement with Minors.

If a reasonable person interacting with an AI chatbot would be misled to believe that they are communicating with a human, the operator is required to notify the person that the companion chatbot is artificially generated and not human. 

If the operator knows that the user of an AI companion chatbot is a minor, the operator is required to:

• notify the user that the chatbot is artificially generated and not human;
• implement reasonable measures to prevent its AI companion chatbot from generating or producing sexually explicit content or suggestive dialogue with minors; and
• prohibit the use of manipulative engagement techniques, which cause the AI companion chatbot to engage in or prolong an emotional relationship with the user.

Required notifications must be provided at the beginning of the interaction, at least every three hours during continued interaction, and whenever the user engages in a new chat session.

Required Protocols.

An operator may not make available or deploy an AI companion chatbot unless it maintains and implements a protocol for detecting and addressing suicidal ideation or expressions of self-harm by users.  The protocol must:

• include reasonable methods for identifying expressions of suicidal ideation or self-harm;
• provide automated or human-mediated responses that refer users to appropriate crisis resources; and
• prevent the generation of content encouraging or describing self-harm.

An operator must disclose on their website the details of the required protocols, including safeguards used to detect and respond to self-harm expressions and the number of crisis referral notifications issued in the preceding calendar year.

Enforcement.

Violations of the bill's requirements are deemed to affect the public interest and constitute an unfair or deceptive act in trade or commerce for purposes of the Consumer Protection Act.

Definitions.

The bill provides definitions for several terms, including "AI companion chatbot."