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 must assess current uses and trends of AI and make recommendations to the Legislature regarding guidelines and potential legislation for the use of AI systems.

Notifications and User Protections.

An operator of an AI companion chatbot must provide a clear and conspicuous disclosure that an AI companion chatbot is artificially generated and not human.

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:

• 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
• implement reasonable measures to 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 and at least every three hours during continued interaction.  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 implement reasonable measures to prevent AI companion chatbots from claiming to be human and from generating any output that conflicts with required disclosures.

Required Protocols.

An operator may not make available an AI companion chatbot unless it 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
• implement reasonable measures to prevent the generation of content encouraging or describing how to commit self-harm.

An operator must disclose on their website, and within any mobile or web-based application through which the AI companion chatbot is made available, the details of the required protocols, including safeguards used to detect and respond to expressions of suicidal ideation or self-harm and the number of crisis referral notifications issued in the preceding calendar year.

Enforcement.

Violations 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.

Definitions are provided for several terms, including "AI companion chatbot" and "operator."