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 AI 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.
An operator must provide a clear and conspicuous disclosure that an AI companion chatbot is artificially generated and not human.
If a person interacting with an AI companion chatbot is seeking mental or other medical advice, the operator must issue a disclosure that the AI companion chatbot is not a health care professional and should not be used for mental or physical medical advice.
If the operator knows that the user of an AI companion chatbot is a minor, or if the AI companion chatbot is directed to minors, the operator is required to:
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. If the operator knows the user is a minor, or if the AI companion chatbot is directed to minors, the required notifications must also be provided every hour during continued interaction.
An operator must prohibit and prevent AI companion chatbots from claiming to be human and from otherwise generating any output that refutes or conflicts with required disclosures.
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 harm by users. The protocol must:
An operator must disclose on their website, and within any mobile or web-based application through which the AI companion is made available, the details of the required protocols, including safeguards used to detect and respond to harm expressions and must annually report to the Attorney General 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" and "knows."
The substitute bill:
(In support) AI offers powerful opportunities for society, but also real risk. This bill is about putting adequate safeguards on technology that can promote dependency, inappropriate content, and harmful reinforcement of negative thinking. Manipulative engagement techniques can stimulate feelings of loneliness and guilt. Children are harmed because the technology industry operates without meaningful government oversight, and children are encouraged to become addicted to algorithmic content that encourages suicidal thinking, anxiety, and depression. Companion chatbots take advantage of adolescents' underdeveloped self-control abilities, increased self-focus, and heightened social sensitivity. The bill should be amended to reflect use of similar technology in educational contexts, prohibit chatbots from mimicking romantic relationships, and require reporting to the Attorney General. Companion chatbots should not be able to represent themselves as psychologists or therapists. By placing enforcement within the Consumer Protection Act, the Legislature will ensure that individual consumers have a private right of action when they are harmed. Previous privacy bills with private rights of action have not resulted in a flood of lawsuits. Washington should remain at the cutting edge of consumer protection, while adopting common sense regulation. It can be difficult for parents to keep up with rapidly changing technology. This bill balances reasonable requests from companies that are charged with administering the requirements. Many states are considering similar legislation. Companies need an incentive to change their behavior.
(Opposed) The bill should not include a private right of action. The bill is being driven by some extreme cases, but it would regulate a much broader set of tools that Washington companies use every day for customer support, education, and mental health resources. The bill would impose sweeping liability on companies for human behavior that they do not control. The bill raises First Amendment concerns.
(Other) The United States is experiencing a broad mental health crisis that affects both youth and adults, marked by rising rates of depression, anxiety, and suicide across many demographic groups, but especially among minors. In response, consumers are increasingly turning to companion chatbots for emotional support. The disclosure language should be amended to eliminate potential conflicts with the Consumer Protection Act, and it should extend to mobile and web-based applications. The definitions in the bill should be amended to not overlap with educational and other constructive uses. Companion chatbots should not be able to refer to themselves in first person. Protections against manipulative engagement techniques should be expanded to everyone.
(In support) Representative Lisa Callan, prime sponsor; Jai Jaisimha, Transparency Coalition.ai; LORI Schott, Parents Rise; Katie Davis, Center for Digital Youth, University of Washington, Seattle; Kristin Bride, Executive Director, The Carson J. Bride Effect; Danica Noble, Washington State PTA; Mitch Prinstein, Senior Science Advisor, American Psychological Association; Aaron Ping; Jackson Munko; Beau Perschbacher, Governor's Office; Jean Hill, Washington State Catholic Conference; Laura Marquez-Garrett, Social Media Victims Law Center; Noel Gomez, Washington against sexual exploitation (WASE Forward); Katy Ruckle, WaTech; Max Lau, Children's Alliance; Aadya Syal; and LORI SCHOTT, Parents Rise!.