SSB 3011 (LSB 5206XC (4) 91)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON TECHNOLOGY BILL BY CHAIRPERSON McCLINTOCK)

A BILL FOR

An Act establishing requirements and guidelines for chatbots, making appropriations, and providing civil penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  554J.1  Definitions.
   For purposes of this chapter:

   1.  “Chatbot” means any interactive computer service or software application that does all of the following:
   a.  Produces new expressive content or responses not fully predetermined by the developer or operator of the interactive computer service or software application.
   b.  Accepts open-ended, natural-language, or multimodal user input and produces adaptive or context-responsive output.
   2.  “Chatbot” does not include an interactive computer service or a software application described by all of the following:
   a.  The responses of the interactive computer service or software application are limited to information only contained within the interactive computer service or software application, including user input, except for information necessary to make the interactive computer service or software application coherent.
   b.  The interactive computer service or software application is only able to respond to topics in a narrow, specified field.
    Sec. 2.  NEW SECTION.  554J.2  Chatbots —— required practices.
   1.  It shall be unlawful for a person to design, develop, or make a chatbot available with the knowledge, or with reckless disregard for the possibility, that the chatbot encourages, promotes, or coerces a user to commit suicide, perform acts of self-injury, or perform acts of physical or sexual violence on humans or animals.
   2.  Each chatbot shall meet all of the following requirements:
   a.  Clearly and conspicuously disclose that the chatbot is a chatbot and not a human being at the beginning of each conversation and at thirty-minute intervals.
   b.  Be programmed to prevent the chatbot from claiming to be a human or respond deceptively when asked by a user if the chatbot is a human.
   c.  Clearly and conspicuously disclose that the chatbot does not provide medical, legal, financial, or psychological services and that the user should consult a licensed professional for such services at the beginning of each conversation and at regular intervals.
   d.  Be programmed to prevent the chatbot from representing that the chatbot is a licensed professional, including but not limited to a therapist, physician, lawyer, financial advisor, or other professional.
    Sec. 3.  NEW SECTION.  554J.3  Penalties.
   1.  A person found in violation of section 554J.2 shall be fined not more than one hundred thousand dollars for each violation.
   2.  a.  The attorney general may bring a civil action to enjoin a violation of or enforce compliance with this chapter or rules adopted pursuant to this chapter.
   b.  In a case brought pursuant to this subsection, the attorney general may seek civil penalties, restitution, or other appropriate relief.
   3.  Penalties collected under this section shall be credited to the general fund of the state and appropriated to the attorney general for the purpose of performing duties under this chapter.
    Sec. 4.  NEW SECTION.  554J.4  Rulemaking authority.
   The attorney general shall adopt rules pursuant to chapter 17A to implement this chapter.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes requirements and guidelines for chatbots.
   The bill defines “chatbot” as any interactive computer service (service) or software application (application) that produces new expressive content or responses not fully predetermined by the developer or operator of the service or application, and that accepts open-ended, natural-language, or multimodal user input and produces adaptive or context-responsive output. The bill also details an exception when a service or application is not a “chatbot”.
   The bill prohibits a person from designing, developing, or making a chatbot available with the knowledge, or with reckless disregard for the possibility, that the chatbot encourages, promotes, or coerces a user to commit suicide, perform acts of self-injury, or perform acts of physical or sexual violence on humans or animals.
   The bill requires each chatbot to clearly and conspicuously disclose that the chatbot is a chatbot and not a human being at the beginning of each conversation and at 30-minute intervals; be programmed to prevent the chatbot from claiming to be a human or respond deceptively when asked by a user if the chatbot is a human; clearly and conspicuously disclose that the chatbot does not provide medical, legal, financial, or psychological services and that the user should consult a licensed professional for such services at the beginning of each conversation and at regular intervals; and be programmed to prevent the chatbot from representing that the chatbot is a licensed professional, including but not limited to a therapist, physician, lawyer, financial advisor, or other professional.
   The bill creates a penalty of not more than $100,000 for each violation of the bill. Penalties collected under the bill are credited to the general fund of the state and appropriated to the attorney general to perform duties under the bill.
   The bill allows the attorney general to bring a civil action to enjoin a violation of or enforce compliance with the bill and seek civil penalties, restitution, or other appropriate relief.
   The bill requires the attorney general to adopt rules to implement the bill.