HB 2311 — artificial intelligence service; disclosures; requirements

Senate Engrossed House BillEngrossed artificial intelligence service;

"AGE-ASSURANCE METHOD" MEANS ANY TECHNICAL OR ADMINISTRATIVE MECHANISM THAT IS USED SOLELY TO DETERMINE WHETHER AN ACCOUNT HOLDER IS A MINOR.

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(v) INCORPORATESFUNCTIONS AS A SPEAKER AND VOICE COMMAND INTERFACE OR A TEXT INTERFACE AND ACTS AS A TEXT-ACTIVATED OR VOICE-ACTIVATED VIRTUAL ASSISTANT FOR A CONSUMER ELECTRONIC DEVICE.

(viii) IS USED BY A STATE OR LOCAL GOVERNMENT AGENCY SOLELY FOR CUSTOMER SERVICE OR TO STRICTLY PROVIDE USERSCOMMERCE-RELATED WITHOR INFORMATIONTRANSACTIONAL ABOUTASSISTANCE, AVAILABLEINCLUDING SERVICESPRODUCT OR PRODUCTSSERVICE PROVIDEDRECOMMENDATIONS, BYSHOPPING, THEORDERING, AGENCY,PAYMENTS, CUSTOMERDELIVERY, SERVICERETURNS ACCOUNT INFORMATION OR OTHER INFORMATION STRICTLY RELATED TO THE AGENCY'S CUSTOMER SERVICE.SUPPORT.

(ix)3. IS USED SOLELY TO PROVIDE COMMERCE-RELATED OR TRANSACTIONAL ASSISTANCE, INCLUDING PRODUCT OR SERVICE RECOMMENDATIONS, SHOPPING, ORDERING, PAYMENTS, DELIVERY, RETURNS OR CUSTOMER SUPPORT.

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"DIGITAL IDENTIFICATION SYSTEM" MEANS A PROCESS THAT USES GOVERNMENT-ISSUED IDENTIFICATION, FACIAL RECOGNITION, FACIAL AGE-ESTIMATION OR AGE-CLASSIFICATION TECHNOLOGY, BIOMETRICS OR ANOTHER UNIQUELY IDENTIFYING CREDENTIAL TO AUTHENTICATE AN ACCOUNT HOLDER'S REAL-WORLD IDENTITY OR ESTIMATE AN ACCOUNT HOLDER'S AGE.

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(b)- DOES1 NOT- INCLUDEH.B. A MOBILE APPLICATION STORE OR SEARCH ENGINE SOLELY BECAUSE THE APPLICATION OR ENGINE PROVIDES ACCESS TO A CONVERSATIONAL AI SERVICE.

9.2311 (b) DOES NOT INCLUDE A MOBILE APPLICATION STORE OR SEARCH ENGINE SOLELY BECAUSE THE APPLICATION OR ENGINE PROVIDES ACCESS TO A CONVERSATIONAL AI SERVICE.

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"VISUAL DEPICTION" HAS THE SAME MEANING PRESCRIBED IN SECTION 13-3551.

accountconsumer holder notices and disclosures;

conversationalprohibited AIuses services;of artificial intelligence service;

prohibited uses;

minors;

EACH OPERATOR SHALL CLEARLY AND CONSPICUOUSLY DISCLOSE TO EACHA MINOR ACCOUNT HOLDER IN EITHER OF THE FOLLOWING WAYS THAT THE ACCOUNTMINOR HOLDER IS INTERACTING WITH A CONVERSATIONAL AI SERVICE:

IF AN OPERATOR KNOWS THAT AN ACCOUNT HOLDER IS A MINOR, THE OPERATOR MAY NOT PROVIDE THE ACCOUNTUSER HOLDER WITH POINTS OR SIMILAR REWARDS AT UNPREDICTABLE INTERVALS WITH THE INTENT TO ENCOURAGE INCREASED ENGAGEMENT WITH THE CONVERSATIONAL AI SERVICE.

EACH OPERATOR SHALL INSTITUTE REASONABLE MEASURES TO PREVENT THE CONVERSATIONAL AI SERVICE FROM DOING ANY OF THE FOLLOWING FOR ANMINOR ACCOUNT HOLDER:HOLDERS:

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2311 1.

EACHIF OPERATORA SHALLREASONABLE OFFERPERSON TOOLSWOULD FORBE MINORMISLED ACCOUNTTO HOLDERSBELIEVE AND,THAT IF THE ACCOUNTPERSON HOLDER IS UNDERINTERACTING THIRTEENWITH YEARSA OFHUMAN, AGE,AN FOROPERATOR THESHALL ACCOUNTCLEARLY HOLDER'SAND PARENTCONSPICUOUSLY ORDISCLOSE GUARDIANTHAT TO MANAGE THE ACCOUNTCONVERSATIONAL HOLDER'SAI PRIVACYSERVICE ANDIS ACCOUNTARTIFICIAL SETTINGS.INTELLIGENCE.

AN OPERATOR SHALL ALSO OFFER RELATED TOOLS TO THE PARENT OR GUARDIAN OF A MINOR ACCOUNT HOLDER WHO IS AT LEAST THIRTEEN YEARS OF AGE, AS APPROPRIATE BASED ON RELEVANT RISKS.

THE TOOLS MAY BE LOCAL TO THE DEVICE OR ACCOUNT AND DO NOT REQUIRE A DIGITAL IDENTIFICATION SYSTEM.

EACH OPERATOR SHALL ADOPTOFFER ATOOLS PROTOCOL FOR THEMINOR CONVERSATIONAL AI SERVICE TO RESPOND TO A USER PROMPT REGARDING SUICIDAL IDEATION OR SELF-HARM, INCLUDING MAKING REASONABLE EFFORTS TO PROVIDE A RESPONSE TO THE ACCOUNT HOLDERHOLDERS THATAND, REFERSIF THE ACCOUNT HOLDER TOIS CRISISUNDER SERVICETHIRTEEN PROVIDERS,YEARS SUCHOF ASAGE, ATHE SUICIDEACCOUNT HOTLINE,HOLDER'S CRISIS- TEXT2 LINE- ORH.B. OTHER APPROPRIATE CRISIS SERVICE.

THE2311 OPERATORPARENT SHALLOR INSTITUTEGUARDIAN, REASONABLETO MEASURESMANAGE THAT PREVENT THE CONVERSATIONALACCOUNT AIHOLDER'S SERVICEPRIVACY FROMAND GENERATING STATEMENTS THAT ENCOURAGE OR INSTRUCT AN ACCOUNT HOLDERSETTINGS. TO COMMIT SUICIDE OR SELF-HARM OR THAT GLORIFY SUICIDE OR SELF-HARM.

AN OPERATOR SHALL ALSO OFFER RELATED TOOLS TO THE PARENT OR GUARDIAN OF A MINOR ACCOUNT HOLDER WHO IS THIRTEEN YEARS OF AGE OR ABOVE, AS APPROPRIATE BASED ON RELEVANT RISKS.

ANEACH OPERATOR SHALL NOTADOPT KNOWINGLYA ANDPROTOCOL INTENTIONALLYFOR CAUSETHE OR PROGRAM A CONVERSATIONAL AI SERVICE TO MAKERESPOND ANYTO REPRESENTATIONA USER PROMPT REGARDING SUICIDAL IDEATION OR STATEMENTSELF-HARM, THATINCLUDING EXPLICITLYMAKING INDICATESREASONABLE EFFORTS TO PROVIDE A RESPONSE TO THE USER THAT REFERS THE CONVERSATIONALUSER AITO CRISIS SERVICE ISPROVIDERS DESIGNEDSUCH TOAS PROVIDEA PROFESSIONALSUICIDE MENTALHOTLINE, CRISIS TEXT LINE OR BEHAVIORALOTHER HEALTHAPPROPRIATE CARE.CRISIS SERVICE.

UNLESSAN AOPERATOR FEDERALSHALL LAWNOT EXPRESSLYKNOWINGLY REQUIRES,AND ANINTENTIONALLY OPERATORCAUSE MAYOR NOTPROGRAM REQUIRE A DIGITALCONVERSATIONAL IDENTIFICATIONAI SYSTEMSERVICE SOLELY TO DETERMINEMAKE WHETHERANY ANREPRESENTATION ACCOUNTOR HOLDERSTATEMENT THAT EXPLICITLY INDICATES THAT THE CONVERSATIONAL AI SERVICE IS ADESIGNED MINOR.TO PROVIDE PROFESSIONAL MENTAL OR BEHAVIORAL HEALTH CARE.

IF THE OPERATOR VOLUNTARILY OFFERS A DIGITAL IDENTIFICATION SYSTEM, THE OPERATOR SHALL MAKE AVAILABLE A PRIVACY-PRESERVING ALTERNATIVE THAT PROVIDES EQUIVALENT ACCESS.

AN AGE-ASSURANCE METHOD MAY COLLECT ONLY THE MINIMUM AMOUNT OF DATA THAT IS REASONABLY NECESSARY.

THE COLLECTED DATA MAY NOT BE REPURPOSED FOR ADVERTISING, PROFILING OR UNRELATED ANALYTICS AND MUST BE DELETED OR IRREVERSIBLY DE-IDENTIFIED AFTER THE COMPLIANCE PURPOSE IS SATISFIED.

THIS SUBSECTION DOES NOT REQUIRE AN OPERATOR TO MANDATE ACCOUNT CREATION OR PROHIBIT ANONYMOUS OR PSEUDONYMOUS USE.