“To require artificial intelligence chatbot providers to provide data privacy and security, and for other purposes.”
No CRS summary available for this bill.
This section prohibits artificial intelligence chatbot providers from processing personal data or chat logs for advertising, training without affirmative consent, or profiling beyond an express user request, with additional restrictions for users under 18 years of age. It requires providers to retain chat logs in a portable format and delete them on request, implement a data security program within 12 months, disclose AI interaction before generating output and hourly thereafter, and conduct monthly risk assessments for covered harms.
This section directs the Commission to promulgate regulations within 12 months of enactment. The rules must specify the form, content, and template for required disclosures by artificial intelligence chatbot providers; define metrics for assessing and publishing risks of covered harm, emotional dependence, or compulsive usage; prohibit design features that create unreasonable risk of such harms for users under age 18; identify categories of information providers must publish; and provide examples of disclosures for business entities using chatbots in customer service communications. The Commission may issue any other regulations needed to implement the Act.
This section authorizes the Federal Trade Commission to enforce section 2 and its regulations as unfair or deceptive acts or practices under the Federal Trade Commission Act, with the same powers, jurisdiction, and penalties. It permits state attorneys general to bring parens patriae civil actions in state or federal court for injunctions, compliance, damages, restitution, and attorney’s fees on behalf of state residents, subject to notice to the Commission and a bar on parallel state actions during pending federal suits. It creates a private right of action for injured persons to seek injunctions and actual or statutory damages, including up to $10,000 per violation of section 2(a), (c)(1), or (c)(2), at least $50,000 for violations of section 2(c)(3), at least $250,000 when such violations cause covered harm, and at least $100,000 when they cause emotional dependence or compulsive usage, with up to fivefold enhancement for willful or knowing violations, plus costs and attorney’s fees, and a two-year statute of limitations from discovery. It further allows users injured by an artificial intelligence chatbot to recover actual damages from the provider.
This section defines terms used in the Act, including advertisement, affirmative consent (requiring clear standalone disclosures accessible to users with disabilities and in all languages offered), artificial intelligence chatbot (covering interactive services that generate non-predetermined responses and simulate emotional or interpersonal relationships), artificial intelligence chatbot provider, chat log, collect, Commission (the Federal Trade Commission), compulsive usage, covered harm, dark pattern, and de-identified data.
This section preserves all existing rights, causes of action, remedies, presumptions, liabilities, and defenses under anti-discrimination, consumer protection, labor, tort, and civil rights laws, and bars any construction of the Act or its regulations that would alter them.
This section preserves any state law, rule, requirement, or regulation—including rights, causes of action, remedies, presumptions, liabilities, or defenses—that is at least as protective of users of artificial intelligence chatbots as the provisions of this Act.