Read the full stored bill text
House
File
2204
-
Introduced
HOUSE
FILE
2204
BY
WICHTENDAHL
A
BILL
FOR
An
Act
relating
to
the
requirements
for
chatbot
deployers,
1
including
required
protocols,
limitations
on
data
2
collection,
and
requirements
for
minors
to
interact
with
3
artificial
intelligence
companions
and
therapeutic
chatbots,
4
and
providing
civil
penalties,
punitive
penalties,
and
civil
5
causes
of
action.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
554J.1
Definitions.
1
1.
“AI
companion”
means
a
chatbot
that
interacts
with
users
2
to
simulate
a
human-like
romantic
or
emotional
bond.
3
2.
“Artificial
intelligence”
means
a
machine-based
system
4
that,
for
any
explicit
or
implicit
objective,
infers
from
the
5
input
the
system
receives
to
generate
output
that
can
influence
6
physical
or
virtual
environments.
7
3.
“Chatbot”
means
an
artificial
intelligence
that
is
made
8
to
simulate
human
conversation
with
a
user
through
text
or
9
audio
output.
10
4.
“Deployer”
means
a
person
that
owns
an
artificial
11
intelligence
available
for
public
use.
12
5.
“Minor”
means
an
individual
who
is
under
eighteen
years
13
of
age.
14
6.
“Output”
means
new
content
an
artificial
intelligence
15
generates
based
on
a
user’s
input
in
relation
to
the
data
used
16
to
train
the
artificial
intelligence.
“Output”
includes
but
17
is
not
limited
to
audio-visual
media,
images,
predictions,
18
recommendations,
and
text.
19
7.
“Reasonable
age
verification”
means
verifying
the
age
of
20
a
user
through
any
of
the
following:
21
a.
Government-issued
identification.
22
b.
Financial
documents
that
are
reliable
evidence
of
an
23
individual’s
age.
24
c.
A
widely
accepted
practice
that
reliably
evidences
an
25
individual’s
age.
26
8.
“Therapeutic
chatbot”
means
a
chatbot
designed
for
the
27
primary
purpose
of
providing
mental
health
support,
counseling,
28
or
therapy
by
diagnosing,
treating,
mitigating,
or
preventing
a
29
mental
health
condition.
30
Sec.
2.
NEW
SECTION
.
554J.2
Chatbots.
31
A
deployer
of
a
chatbot
shall
do
all
of
the
following:
32
1.
Implement
and
maintain
protocols
meant
to
detect,
33
respond
to,
report,
and
mitigate
harm
the
chatbot
may
cause
a
34
user
in
a
manner
that
prioritizes
the
safety
and
well-being
of
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users
over
the
deployer’s
interests.
1
2.
Limit
the
collection
and
storage
of
user
information
2
collected
by
the
chatbot
to
what
is
necessary
to
fulfill
the
3
deployer’s
purpose
for
making
the
chatbot
publicly
available.
4
Sec.
3.
NEW
SECTION
.
554J.3
Interactions
with
minors.
5
1.
A
deployer
shall
implement
reasonable
age
verification
6
measures
to
ensure
that
a
minor
cannot
use
or
purchase
an
AI
7
companion
the
deployer
makes
publicly
available.
8
2.
A
deployer
shall
not
make
a
chatbot
publicly
available
9
if
the
chatbot
was
knowingly
designed
to
impersonate
a
real
10
individual,
regardless
of
whether
the
individual
is
living
11
or
deceased,
unless
the
deployer
first
obtains
permission
to
12
impersonate
the
individual
from
any
of
the
following:
13
a.
For
a
living
individual,
from
the
individual
or
the
14
individual’s
legal
representative.
15
b.
For
a
deceased
individual,
from
the
person
responsible
16
for
the
deceased
individual’s
estate.
If
no
person
is
17
responsible
for
the
deceased
individual’s
estate,
a
deployer
18
may
make
a
chatbot
that
was
designed
to
knowingly
impersonate
a
19
deceased
individual
publicly
available
without
permission
if
20
the
chatbot
was
designed
solely
as
an
educational
or
research
21
tool
or
if
a
reasonable
person
would
believe
the
chatbot
has
22
objective
artistic,
cultural,
or
political
value.
23
3.
A
deployer
shall
not
make
a
therapeutic
chatbot
available
24
for
a
minor’s
use
or
purchase
unless
all
of
the
following
25
apply:
26
a.
The
therapeutic
chatbot
provides
a
clear
and
conspicuous
27
disclaimer
at
the
beginning
of
each
interaction
with
the
28
therapeutic
chatbot
that
the
therapeutic
chatbot
is
an
29
artificial
intelligence
and
is
not
a
licensed
professional.
30
b.
The
therapeutic
chatbot
was
recommended
for
the
minor’s
31
use
by
an
individual
licensed
under
chapter
154B
or
154D
after
32
performing
an
evaluation
of
the
minor.
33
c.
The
therapeutic
chatbot’s
developer
has
significant
34
documentation
of
how
the
therapeutic
chatbot
was
tested.
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d.
Peer-reviewed
clinical
trial
data
exists
demonstrating
1
the
therapeutic
chatbot
would
be
a
safe,
effective
tool
for
the
2
minor’s
diagnosis,
treatment,
mitigation,
or
prevention
of
a
3
mental
health
condition.
4
e.
The
therapeutic
chatbot’s
deployer
provided
clear
5
disclosures
of
the
chatbot’s
functions,
limitations,
and
data
6
privacy
policies
to
the
individual
recommending
the
therapeutic
7
chatbot
under
paragraph
“b”
,
and
to
the
minor’s
parents,
8
guardians,
or
custodians.
9
f.
The
therapeutic
chatbot’s
deployer
developed
and
10
implemented
protocols
for
testing
the
therapeutic
chatbot
for
11
risks
to
users,
identifying
possible
risks
the
therapeutic
12
chatbot
poses
to
users,
mitigating
risks
the
therapeutic
13
chatbot
poses
to
users,
and
quickly
rectifying
harm
the
14
therapeutic
chatbot
may
have
caused
a
user.
15
Sec.
4.
NEW
SECTION
.
554J.4
Limitations.
16
This
chapter
shall
not
apply
to
a
chatbot
that
is
designed
17
to
only
provide
generic
responses,
including
encouragement,
to
18
input
from
a
user,
and
a
reasonable
person
would
not
expect
the
19
responses
to
create
an
emotional
bond
between
two
individuals
20
having
the
same
conversation.
21
Sec.
5.
NEW
SECTION
.
554J.5
Enforcement.
22
1.
The
attorney
general
may
bring
an
action
on
behalf
of
the
23
state
to
enforce
the
provisions
of
this
chapter
and
may
seek
an
24
injunction
for
violations
of
this
chapter.
25
2.
A
court
may
issue
a
civil
penalty
of
not
more
than
26
two
thousand
five
hundred
dollars
for
each
violation
of
this
27
chapter,
or
seven
thousand
five
hundred
dollars
if
a
person
28
violates
an
injunction
issued
under
this
chapter.
Penalties
29
assessed
under
this
subsection
shall
be
deposited
into
the
30
general
fund
of
the
state.
31
3.
A
minor
who
uses
a
chatbot
that
does
not
comply
with
this
32
chapter
may
bring
an
action
to
recover
all
of
the
following:
33
a.
The
greater
of
the
following:
34
(1)
Punitive
damages
of
not
less
than
one
hundred
dollars
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but
not
more
than
seven
hundred
fifty
dollars.
1
(2)
Actual
damages.
2
b.
Emotional
distress
damages.
3
c.
Court
costs.
4
d.
Reasonable
attorney
fees.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
relates
to
chatbot
deployers.
9
The
bill
defines
“AI
companion”
as
a
chatbot
that
interacts
10
with
users
to
simulate
a
human-like
romantic
or
emotional
bond.
11
The
bill
defines
“artificial
intelligence”
as
a
12
machine-based
system
that,
for
any
explicit
or
implicit
13
objective,
infers
from
the
input
the
system
receives
to
14
generate
output
that
can
influence
physical
or
virtual
15
environments.
16
The
bill
defines
“chatbot”
as
an
artificial
intelligence
17
that
is
made
to
simulate
human
conversation
with
a
user
through
18
text
or
audio
output.
19
The
bill
defines
“deployer”
as
a
person
that
owns
an
20
artificial
intelligence
available
for
public
use.
21
The
bill
defines
“therapeutic
chatbot”
as
a
chatbot
designed
22
for
the
primary
purpose
of
providing
mental
health
support,
23
counseling,
or
therapy
by
diagnosing,
treating,
mitigating,
or
24
preventing
a
mental
health
condition.
25
The
bill
also
defines
“minor”,
“output”,
and
“reasonable
age
26
verification”.
27
The
bill
requires
a
deployer
of
a
chatbot
to
implement
28
and
maintain
protocols
meant
to
detect,
respond
to,
report,
29
and
mitigate
harm
the
chatbot
may
cause
a
user
in
a
manner
30
that
prioritizes
the
safety
and
well-being
of
users
over
the
31
deployer’s
interests,
and
limit
the
collection
and
storage
of
32
user
information
collected
by
the
chatbot
to
what
is
necessary
33
to
fulfill
the
deployer’s
purpose
for
making
the
chatbot
34
publicly
available.
35
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2204
The
bill
requires
a
deployer
to
implement
reasonable
age
1
verification
measures
to
ensure
that
a
minor
cannot
use
or
2
purchase
an
AI
companion
the
deployer
makes
publicly
available.
3
The
bill
prohibits
a
deployer
from
making
a
chatbot
publicly
4
available
if
the
chatbot
was
knowingly
designed
to
impersonate
5
a
real
individual,
regardless
of
whether
the
individual
6
is
living
or
deceased,
unless
the
deployer
first
obtains
7
permission
to
impersonate
the
individual
from
sources
detailed
8
in
the
bill,
or,
in
situations
where
no
person
is
responsible
9
for
a
deceased
individual’s
estate,
a
deployer
may
make
such
a
10
chatbot
publicly
available
if
the
chatbot
was
designed
solely
11
as
an
educational
or
research
tool
or
if
a
reasonable
person
12
would
believe
the
chatbot
has
objective
artistic,
cultural,
or
13
political
value.
14
The
bill
prohibits
a
deployer
from
making
a
therapeutic
15
chatbot
available
for
a
minor’s
mental
health
support,
16
counseling,
or
therapy
unless
the
therapeutic
chatbot
meets
17
certain
requirements
as
detailed
in
the
bill.
18
The
bill
does
not
apply
to
a
chatbot
that
is
designed
to
19
only
provide
generic
responses,
including
encouragement,
to
20
input
from
a
user,
and
a
reasonable
person
would
not
expect
the
21
responses
to
create
an
emotional
bond
between
two
individuals
22
having
the
same
conversation.
23
The
bill
allows
the
attorney
general
to
bring
an
action
on
24
behalf
of
the
state
to
enforce
the
bill’s
provisions
and
seek
25
an
injunction
for
violations
of
the
bill.
A
court
may
issue
a
26
civil
penalty
of
not
more
than
$2,500
for
each
violation
of
the
27
bill,
or
$7,500
if
a
person
violates
an
injunction
issued
under
28
the
bill.
Penalties
awarded
to
the
state
under
the
bill
shall
29
be
deposited
into
the
general
fund
of
the
state.
30
The
bill
allows
a
minor
who
uses
a
chatbot
that
does
not
31
comply
with
the
bill
to
bring
an
action
to
recover
punitive
32
damages
of
not
less
than
$100
but
not
more
than
$750
or
actual
33
damages,
whichever
is
greater;
emotional
distress
damages;
34
court
costs;
and
reasonable
attorney
fees.
35
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