HSB 647 (LSB 5402YC (2) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON ECONOMIC GROWTH AND TECHNOLOGY BILL BY CHAIRPERSON SORENSEN)

A BILL FOR

An Act relating to chatbots, including deployer requirements and interactions with minors.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  554J.1  Definitions.
   1.  “Artificial intelligence” means a machine-based system that, for any explicit or implicit objective, infers from the input the system receives to generate output that can influence physical or virtual environments.
   2.  “Chatbot” means an artificial intelligence that interacts with users by simulating human conversation.
   3.  “Deployer” means a person that owns an artificial intelligence available for public use.
   4.  “Minor” means an individual who is under eighteen years of age.
   5.  “Output” means new content an artificial intelligence generates based on a user’s input in relation to the data used to train the artificial intelligence. “Output” includes but is not limited to audio-visual media, images, predictions, recommendations, and text.
   6.  “Reasonable age verification” means verifying the age of a user through any of the following:
   a.  Government-issued identification.
   b.  Financial documents that are reliable evidence of an individual’s age.
   c.  A widely accepted practice that reliably evidences an individual’s age.
    Sec. 2.  NEW SECTION.  554J.2  Chatbots —— general deployer requirements.
   A deployer of a chatbot shall do all of the following:
   1.  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.
   2.  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.
    Sec. 3.  NEW SECTION.  554J.3  Chatbot interactions with minors.
   1.  A deployer shall implement reasonable age verification measures to ensure that a minor cannot use or purchase a chatbot the deployer makes publicly available.
   2.  Notwithstanding subsection 1, a deployer may make a chatbot available for a minor’s use or purchase if all of the following apply:
   a.  The chatbot was designed for the primary purpose of providing mental health support, counseling, or therapy by diagnosing, treating, mitigating, or preventing a mental health condition.
   b.  The chatbot provides a clear and conspicuous disclaimer at the beginning of each interaction with the chatbot that the chatbot is an artificial intelligence and is not a licensed professional.
   c.  The chatbot was recommended for the minor’s use by an individual licensed under chapter 154B or 154D after performing an evaluation of the minor.
   d.  The chatbot’s developer has significant documentation of how the chatbot was tested.
   e.  Peer-reviewed clinical trial data exists demonstrating the chatbot would be a safe, effective tool for the minor’s diagnosis, treatment, mitigation, or prevention of a mental health condition.
   f.  The chatbot’s deployer provided clear disclosures of the chatbot’s functions, limitations, and data privacy policies to the individual recommending the chatbot under paragraph “c”, and to the minor’s parents, guardians, or custodians.
   g.  The chatbot’s deployer developed and implemented protocols for testing the chatbot for risks to users, identifying possible risks the chatbot poses to users, mitigating risks the chatbot poses to users, and quickly rectifying harm the chatbot may have caused a user.
    Sec. 4.  NEW SECTION.  554J.4  Enforcement.
   1.  The attorney general may bring an action on behalf of the state to enforce the provisions of this chapter and may seek an injunction for violations of this chapter.
   2.  a.  A court may issue a civil penalty of not more than two thousand five hundred dollars for each violation of this chapter, or seven thousand five hundred dollars if a person violates an injunction issued under this chapter.
   b.  Penalties assessed under this subsection shall be deposited into the general fund of the state.
   3.  The parent, guardian, or custodian of a minor who uses a chatbot that does not comply with this chapter may bring an action to recover a civil penalty of not less than one hundred dollars but not more than seven hundred fifty dollars or actual damages, whichever is greater.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to chatbots.
   The bill defines “artificial intelligence” as a machine-based system that, for any explicit or implicit objective, infers from the input the system receives to generate output that can influence physical or virtual environments.
   The bill defines “chatbot” as an artificial intelligence that interacts with users by simulating human conversation.
   The bill defines “deployer” as a person that owns an artificial intelligence available for public use.
   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 a chatbot the deployer makes publicly available. However, the bill permits a deployer to make a chatbot available for a minor’s mental health support, counseling, or therapy if the chatbot meets certain requirements as detailed in the bill.
   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 parent, guardian, or custodian of a minor who uses a chatbot that does not comply with the bill to bring an action to recover a civil penalty of not less than $100 but not more than $750 or actual damages, whichever is greater.