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House
File
2507
-
Introduced
HOUSE
FILE
2507
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
(SUCCESSOR
TO
HSB
611)
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
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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.
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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:
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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
if
the
minor
has
additional
risk
17
factors
identified
by
the
attorney
general
by
rule.
18
Sec.
3.
NEW
SECTION
.
554J.3
Consumer
disclosures.
19
An
operator
shall
clearly
and
conspicuously
disclose
20
using
a
persistent
visible
disclaimer
that
the
operator’s
21
conversational
AI
service
is
artificial
intelligence
if
a
22
reasonable
individual
interacting
with
the
conversational
AI
23
service
would
believe
that
the
individual
is
interacting
with
a
24
human.
25
Sec.
4.
NEW
SECTION
.
554J.4
Suicide
and
self-harm
protocol.
26
An
operator
shall
adopt
protocols
for
the
operator’s
27
conversational
AI
service
for
responding
to
user
prompts
28
regarding
suicidal
ideation
or
self-harm
that
includes
but
is
29
not
limited
to
making
reasonable
efforts
to
refer
the
user
to
30
crisis
service
providers
such
as
a
suicide
hotline,
crisis
text
31
line,
or
other
appropriate
crisis
service.
32
Sec.
5.
NEW
SECTION
.
554J.5
Mental
health
care.
33
An
operator
shall
not
knowingly
and
intentionally
cause
or
34
program
a
conversational
AI
service
to
make
a
representation
or
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statement
that
would
lead
a
reasonable
individual
to
believe
1
that
the
conversational
AI
service
is
designed
to
provide
2
professional
psychology
or
behavioral
health
services
that
an
3
individual
would
require
licensure
under
chapter
154B
or
154D
4
to
provide.
5
Sec.
6.
NEW
SECTION
.
554J.6
Penalties
and
enforcement.
6
1.
An
operator
that
violates
this
chapter
shall
be
subject
7
to
an
injunction
and
liable
for
the
greater
of
the
following:
8
a.
Actual
damages.
9
b.
A
civil
penalty
of
one
thousand
dollars
per
violation,
up
10
to
a
maximum
of
five
hundred
thousand
dollars
per
operator.
11
2.
The
attorney
general
shall
have
the
authority
to
enforce
12
this
chapter
and
shall
adopt
rules
pursuant
to
chapter
17A
to
13
administer
this
chapter.
14
3.
This
chapter
shall
not
be
construed
to
create
a
private
15
right
of
action
under
this
chapter
or
any
other
law.
16
4.
This
section
shall
not
be
construed
to
make
a
developer
17
of
an
artificial
intelligence
model
liable
solely
because
a
18
third
party
used
the
developer’s
artificial
intelligence
model
19
to
create
or
train
a
conversational
AI
service.
20
Sec.
7.
APPLICABILITY.
This
Act
applies
July
1,
2027.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
requirements
and
guidelines
for
25
conversational
AI
services
(AI
services).
26
The
bill
defines
“conversational
AI
service”
as
an
27
artificial
intelligence,
available
by
software
application,
28
web
interface,
or
computer
program,
that
is
accessible
29
to
the
general
public
and
that
has
the
primary
purpose
of
30
simulating
human
conversation
and
interaction
through
text,
31
audio
communication,
or
visual
communication.
The
bill
lists
32
exceptions
to
the
definition
of
AI
service.
33
The
bill
defines
“operator”
as
a
person
who
develops
and
34
makes
an
AI
service
available
to
the
public.
The
bill
lists
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exceptions
to
the
definition
of
“operator”.
1
The
bill
also
defines
“account
holder”,
“minor”,
“sexually
2
explicit
conduct”,
and
“visual
depiction”.
3
The
bill
requires
an
operator
to
clearly
and
conspicuously
4
disclose
to
a
minor
account
holder
(minor)
that
the
minor
is
5
interacting
with
artificial
intelligence
through
a
persistent
6
visible
disclaimer
or
a
disclaimer
that
appears
at
the
7
beginning
of
each
interaction
between
the
operator’s
AI
service
8
and
a
minor
and
at
least
once
every
three
hours
of
continuous
9
interaction
between
the
minor
and
the
AI
service.
10
The
bill
prohibits
an
operator
from
providing
a
minor
with
11
points
or
similar
rewards
at
unpredictable
intervals
with
the
12
intent
to
encourage
increased
engagement
with
the
operator’s
13
AI
service.
14
The
bill
requires
an
operator
to
prevent
the
operator’s
AI
15
service
from
taking
certain
actions
as
described
in
the
bill
16
for
a
minor.
17
The
bill
requires
an
operator
to
institute
reasonable
18
measures
to
prevent
the
operator’s
AI
service
from
leading
a
19
reasonable
individual
to
believe
the
individual
is
interacting
20
with
a
human.
If
the
AI
service
would
lead
a
reasonable
21
individual
to
believe
the
individual
is
interacting
with
a
22
human,
the
operator
must
clearly
and
conspicuously
disclose
23
using
a
persistent
visible
disclaimer
that
the
AI
service
is
24
artificial
intelligence.
25
The
bill
requires,
in
circumstances
detailed
in
the
bill,
26
an
operator
to
provide
tools
to
a
minor,
a
minor’s
parent
or
27
guardian,
or
both
that
will
allow
the
individual
to
manage
the
28
minor’s
privacy
and
account
settings.
29
The
bill
requires
an
operator
to
adopt
protocols
for
the
30
operator’s
AI
service
that
would
respond
as
detailed
in
the
31
bill
to
user
prompts
of
suicidal
ideation
or
self-harm.
32
The
bill
prohibits
an
operator
from
knowingly
and
33
intentionally
causing
or
programming
an
AI
service
to
make
a
34
representation
or
statement
that
would
lead
a
reasonable
person
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to
believe
the
AI
service
is
designed
to
provide
professional
1
psychology
services
or
behavioral
health
services
that
would
2
require
licensure.
3
The
bill
requires
the
attorney
general
to
enforce
the
bill
4
and
adopt
rules
to
administer
the
bill.
5
An
operator
in
violation
of
the
bill
is
subject
to
an
6
injunction
and
the
greater
of
actual
damages
or
a
civil
penalty
7
of
$1,000
per
violation,
up
to
a
maximum
of
$500,000
per
8
operator.
9
The
bill
does
not
create
a
private
right
of
action
and
10
shall
not
be
construed
to
make
a
developer
of
an
artificial
11
intelligence
model
liable
solely
because
a
third
party
used
the
12
developer’s
artificial
intelligence
model
to
create
or
train
13
an
AI
service.
14
The
bill
applies
July
1,
2027.
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