Senate File 2417 - Introduced SENATE FILE 2417 BY COMMITTEE ON TECHNOLOGY (SUCCESSOR TO SSB 3011) A BILL FOR An Act establishing requirements and guidelines for 1 conversational AI services, and providing civil penalties, 2 and including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5206SV (3) 91 dg/jh
S.F. 2417 Section 1. NEW SECTION . 554J.1 Definitions. 1 For the purposes of this chapter: 2 1. “Account holder” means an individual to which an account 3 or profile to use a conversational AI service belongs. 4 2. a. “Conversational AI service” means an artificial 5 intelligence, available by software application, web interface, 6 or computer program, that is accessible to the general 7 public and that has the primary purpose of simulating human 8 conversation and interaction through text, audio communication, 9 or visual communication. 10 b. “Conversational AI service” does not include a software 11 application, web interface, or computer program that is any of 12 the following: 13 (1) Primarily designed and marketed for research and 14 development purposes. 15 (2) A feature within another software application, web 16 interface, or computer program that does not have the primary 17 purpose of simulating human conversation and interaction 18 through text, audio communication, or visual communication. 19 (3) Designed to provide outputs relating to a narrow and 20 discrete topic. 21 (4) Primarily designed and marketed for commercial use by 22 business entities to assist customers in obtaining services or 23 purchasing goods from the business. 24 (5) Functions as a speaker and voice command interface or 25 voice-activated virtual assistant for an electronic device 26 widely available to consumers. 27 (6) Used by a business solely for internal purposes. 28 3. “Minor” means an individual an operator knows is, or is 29 reasonably certain is, under eighteen years of age. 30 4. “Operator” means a person who develops and makes a 31 conversational AI service available to the public. “Operator” 32 does not include a mobile device application store or a search 33 engine solely because the mobile device application store or a 34 search engine provides access to a conversational AI service. 35 -1- LSB 5206SV (3) 91 dg/jh 1/ 6
S.F. 2417 5. “Sexually explicit conduct” means the same as defined in 1 18 U.S.C. §2256. 2 6. “Visual depiction” means the same as defined in 18 U.S.C. 3 §2256. 4 Sec. 2. NEW SECTION . 554J.2 Conversational AI services —— 5 minors —— requirements. 6 1. An operator shall clearly and conspicuously disclose 7 to a minor account holder that the minor account holder is 8 interacting with artificial intelligence through any of the 9 following: 10 a. A persistent visible disclaimer. 11 b. All of the following: 12 (1) A disclaimer that appears at the beginning of each 13 interaction between the operator’s conversational AI service 14 and a minor account holder. 15 (2) A disclaimer that appears at least once every three 16 hours of continuous interaction between the operator’s 17 conversational AI service and a minor account holder. 18 2. An operator shall not provide a minor user with points 19 or similar rewards at unpredictable intervals with the 20 intent to encourage increased engagement with the operator’s 21 conversational AI service. 22 3. An operator shall institute reasonable measures to 23 prevent the operator’s conversational AI service from doing any 24 of the following for minor account holders: 25 a. Producing visual depictions of sexually explicit 26 material. 27 b. Stating that the minor account holder should engage in 28 sexually explicit conduct. 29 c. Sexually objectifying the minor account holder. 30 4. An operator shall institute reasonable measures 31 to prevent the operator’s conversational AI service from 32 generating statements that would lead a reasonable individual 33 to believe that the individual is interacting with a human, 34 including but not limited to all of the following: 35 -2- LSB 5206SV (3) 91 dg/jh 2/ 6
S.F. 2417 a. Explicit claims that the conversational AI service is 1 sentient or human. 2 b. Statements that simulate emotional dependence on a minor 3 account holder. 4 c. Statements that simulate a romantic interaction or a 5 sexual innuendo. 6 d. Role-playing an adult-minor romantic relationship. 7 5. a. An operator shall offer tools for minor account 8 holders to manage the minor account holder’s privacy and 9 account settings. 10 b. An operator shall offer tools for the parent or guardian 11 of a minor account holder to manage the minor account holder’s 12 privacy and account settings if the minor is under thirteen 13 years of age. 14 c. An operator shall offer tools for the parent or guardian 15 of a minor account holder to manage the minor account holder’s 16 privacy and account settings as appropriate based on relevant 17 risks. 18 Sec. 3. NEW SECTION . 554J.3 Consumer disclosures. 19 An operator shall clearly and conspicuously disclose using 20 a persistent visible disclaimer, or a disclaimer that appears 21 after every three hours of continuous interaction with the 22 operator’s conversational AI service, that the operator’s 23 conversational AI service is artificial intelligence if a 24 reasonable individual interacting with the conversational AI 25 service would believe that the individual is interacting with a 26 human. 27 Sec. 4. NEW SECTION . 554J.4 Suicide and self-harm protocol. 28 An operator shall adopt protocols for the operator’s 29 conversational AI service for responding to user prompts 30 regarding suicidal ideation or self-harm that includes but is 31 not limited to making reasonable efforts to refer the user to 32 crisis service providers such as a suicide hotline, crisis text 33 line, or other appropriate crisis service. 34 Sec. 5. NEW SECTION . 554J.5 Mental health care. 35 -3- LSB 5206SV (3) 91 dg/jh 3/ 6
S.F. 2417 An operator shall not knowingly and intentionally cause or 1 program a conversational AI service to make a representation or 2 statement that would lead a reasonable individual to believe 3 that the conversational AI service is designed to provide 4 professional psychology or behavioral health services that an 5 individual would require licensure under chapter 154B or 154D 6 to provide. 7 Sec. 6. NEW SECTION . 554J.6 Penalties and enforcement. 8 1. An operator that violates this chapter shall be subject 9 to an injunction and liable for the greater of the following: 10 a. Actual damages. 11 b. A civil penalty of one thousand dollars per violation, up 12 to a maximum of five hundred thousand dollars per operator. 13 2. The attorney general shall have the authority to enforce 14 this chapter and shall adopt rules pursuant to chapter 17A to 15 administer this chapter. 16 3. A civil penalty collected under this section shall be 17 deposited into the general fund of the state. 18 4. This chapter shall not be construed to create a private 19 right of action under this chapter or any other law. 20 5. This section shall not be construed to make a developer 21 of an artificial intelligence model liable solely because a 22 third party used the developer’s artificial intelligence model 23 to create or train a conversational AI service. 24 Sec. 7. APPLICABILITY. This Act applies July 1, 2027. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to requirements and guidelines for 29 conversational AI services (AI services). 30 The bill defines “conversational AI service” as an 31 artificial intelligence, available by software application, 32 web interface, or computer program, that is accessible 33 to the general public and that has the primary purpose of 34 simulating human conversation and interaction through text, 35 -4- LSB 5206SV (3) 91 dg/jh 4/ 6
S.F. 2417 audio communication, or visual communication. The bill lists 1 exceptions to the definition of AI service. 2 The bill defines “operator” as a person who develops and 3 makes an AI service available to the public. The bill lists 4 exceptions to the definition of “operator”. 5 The bill also defines “account holder”, “minor”, “sexually 6 explicit conduct”, and “visual depiction”. 7 The bill requires an operator to clearly and conspicuously 8 disclose to a minor account holder (minor) that the minor is 9 interacting with artificial intelligence through a persistent 10 visible disclaimer or a disclaimer that appears at the 11 beginning of each interaction between the operator’s AI service 12 and a minor and at least once every three hours of continuous 13 interaction between the minor and the AI service. 14 The bill prohibits an operator from providing a minor with 15 points or similar rewards at unpredictable intervals with the 16 intent to encourage increased engagement with the operator’s 17 AI service. 18 The bill requires an operator to prevent the operator’s AI 19 service from producing visual depictions of sexually explicit 20 material, stating that the minor account holder should engage 21 in sexually explicit conduct, or sexually objectifying the 22 minor account holder. 23 The bill requires an operator to institute reasonable 24 measures to prevent the operator’s AI service from leading a 25 reasonable individual to believe the individual is interacting 26 with a human. If the AI service would lead a reasonable 27 individual to believe the individual is interacting with a 28 human, the operator must clearly and conspicuously disclose 29 using a persistent visible disclaimer, or a disclaimer that 30 appears after three hours of continuous interaction with an AI 31 service, that the AI service is artificial intelligence. 32 The bill requires, in circumstances detailed in the bill, 33 an operator to provide tools to a minor, a minor’s parent or 34 guardian, or both that will allow the individual to manage the 35 -5- LSB 5206SV (3) 91 dg/jh 5/ 6
S.F. 2417 minor’s privacy and account settings. 1 The bill requires an operator to adopt protocols for the 2 operator’s AI service that would respond as detailed in the 3 bill to user prompts of suicidal ideation or self-harm. 4 The bill prohibits an operator from knowingly and 5 intentionally causing or programming an AI service to make a 6 representation or statement that would lead a reasonable person 7 to believe the AI service is designed to provide professional 8 psychology services or behavioral health services that would 9 require licensure. 10 The bill authorizes the attorney general to enforce the bill 11 and adopt rules to administer the bill. 12 An operator in violation of the bill is subject to an 13 injunction and the greater of actual damages or a civil penalty 14 of $1,000 per violation, up to a maximum of $500,000 per 15 operator. Civil penalties collected under the bill shall be 16 deposited into the general fund of the state. 17 The bill does not create a private right of action and 18 shall not be construed to make a developer of an artificial 19 intelligence model liable solely because a third party used the 20 developer’s artificial intelligence model to create or train 21 an AI service. 22 The bill applies July 1, 2027. 23 -6- LSB 5206SV (3) 91 dg/jh 6/ 6