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House
File
2715
-
Introduced
HOUSE
FILE
2715
BY
COMMITTEE
ON
ECONOMIC
GROWTH
AND
TECHNOLOGY
(SUCCESSOR
TO
HSB
647)
A
BILL
FOR
An
Act
relating
to
chatbots,
including
deployer
requirements
1
and
interactions
with
minors.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
554J.1
Definitions.
1
1.
“AI
companion”
means
a
public-facing
chatbot
designed
to
2
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.
a.
“Chatbot”
means
artificial
intelligence
that
is
8
described
by
all
of
the
following:
9
(1)
The
artificial
intelligence
accepts
open-ended,
10
natural-language,
or
multimodal
user
input
and
produces
11
adaptive
or
context-responsive
output.
12
(2)
The
artificial
intelligence
produces
new
expressive
13
content
or
responses
that
were
not
fully
predetermined
by
the
14
person
who
created
or
who
operates
the
artificial
intelligence.
15
b.
“Chatbot”
does
not
include
a
service
limited
to
internal
16
business
operations
or
a
service
requiring
user
authentication
17
through
an
employer,
an
educational
institution,
or
a
similar
18
organization.
19
4.
“Commercially
reasonable”
means
a
practice
that
is
20
consistent
with
prevailing
industry
standards
and
proportionate
21
to
the
size,
resources,
and
technical
capabilities
of
the
22
person
employing
the
practice.
23
5.
“Deployer”
means
a
person
that
makes
an
AI
companion,
a
24
public-facing
chatbot,
or
a
therapeutic
chatbot
available
to
25
users
in
this
state.
26
6.
“Minor”
means
an
individual
who
is
under
eighteen
years
27
of
age.
28
7.
“Output”
means
new
content
an
artificial
intelligence
29
generates
based
on
a
user’s
input
in
relation
to
the
data
used
30
to
train
the
artificial
intelligence.
“Output”
includes
but
31
is
not
limited
to
audio-visual
media,
images,
predictions,
32
recommendations,
and
text.
33
8.
a.
“Public-facing
chatbot”
means
a
chatbot
intentionally
34
made
available
to
the
general
public
or
marketed
directly
to
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consumers
for
independent
use
without
the
ongoing
supervision
1
of
the
deployer
or
an
institutional
consumer.
2
b.
“Public-facing
chatbot”
does
not
include
any
of
the
3
following:
4
(1)
Software
designed
primarily
for
internal
business
5
operations.
6
(2)
Enterprise
software
licensed
to
a
specific
business,
7
nonprofit
organization,
or
governmental
entity.
8
(3)
Chatbots
used
solely
within
the
context
of
an
existing
9
customer
relationship.
10
(4)
Systems
requiring
authentication
through
an
employer,
11
educational
institution,
health
care
provider,
or
similar
12
organization
prior
to
use.
13
9.
“Therapeutic
chatbot”
means
a
public-facing
chatbot
14
that
is
designed
for
the
primary
purpose
of
providing
mental
15
health
support,
counseling,
or
therapy
by
diagnosing,
treating,
16
mitigating,
or
preventing
a
mental
health
condition.
17
Sec.
2.
NEW
SECTION
.
554J.2
Public-facing
chatbots
——
18
general
deployer
requirements.
19
1.
A
deployer
of
a
public-facing
chatbot
shall
do
all
of
the
20
following:
21
a.
Implement
and
maintain
protocols
meant
to
detect,
respond
22
to,
report,
and
mitigate
harm
the
public-facing
chatbot
may
23
cause
a
user
in
a
manner
that
takes
commercially
reasonable
24
steps
to
protect
the
safety
and
well-being
of
users.
25
b.
Limit
the
collection
and
storage
of
user
information
26
collected
by
the
public-facing
chatbot
to
what
is
necessary
to
27
fulfill
the
deployer’s
purpose
for
making
the
public-facing
28
chatbot
publicly
available.
29
c.
Clearly
and
conspicuously
disclose
each
time
the
30
deployer’s
public-facing
chatbot
begins
an
interaction
with
a
31
user
that
the
public-facing
chatbot
is
artificial
intelligence
32
and
is
not
licensed
as
a
medical,
legal,
financial,
or
mental
33
health
professional.
34
d.
At
each
three-hour
interval
of
the
deployer’s
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public-facing
chatbot
continuously
interacting
with
a
user,
1
clearly
and
conspicuously
disclose
the
public-facing
chatbot
2
is
artificial
intelligence
and
is
not
licensed
as
a
medical,
3
legal,
financial,
or
mental
health
professional.
4
e.
Implement
protocols
for
the
deployer’s
public-facing
5
chatbot
for
responding
to
user
prompts
indicating
the
user
has
6
suicidal
ideations
or
the
intent
to
cause
self-harm.
Protocols
7
shall
include
but
are
not
limited
to
making
reasonable
efforts
8
to
refer
the
user
to
crisis
service
providers
such
as
a
suicide
9
hotline,
crisis
text
line,
or
other
appropriate
service.
10
2.
A
deployer
shall
not
knowingly
or
recklessly
design
or
11
make
a
public-facing
chatbot
available
that
does
any
of
the
12
following:
13
a.
Misleads
a
reasonable
user
into
believing
the
14
public-facing
chatbot
is
a
specific
human
being.
15
b.
Misleads
a
reasonable
user
into
believing
the
16
public-facing
chatbot
is
licensed
by
the
state.
17
c.
Encourages,
promotes,
or
coerces
a
user
to
commit
18
suicide,
perform
acts
of
self-harm,
or
engage
in
sexual
or
19
physical
violence
against
a
human
or
an
animal.
20
Sec.
3.
NEW
SECTION
.
554J.3
Chatbot
interactions
with
21
minors.
22
1.
a.
A
deployer
of
an
AI
companion
or
a
therapeutic
23
chatbot
shall
implement
commercially
reasonable
measures
to
24
determine
whether
a
user
is
a
minor.
The
measures
must
use
25
a
risk-based
approach
appropriate
with
the
nature
of
the
26
public-facing
chatbot
and
the
reasonably
foreseeable
harm
that
27
may
come
from
using
the
public-facing
chatbot.
28
b.
Reasonable
measures
to
determine
whether
a
user
is
a
29
minor
may
include
self-attestation,
technical
measures,
or
30
other
commercially
reasonable
approaches.
31
c.
This
section
shall
not
be
construed
to
require
a
deployer
32
to
verify
a
user’s
age
using
government-issued
identification.
33
2.
A
deployer
of
an
AI
companion
or
a
therapeutic
chatbot
34
shall
implement
protocols
for
sending
a
notification
to
a
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minor
user’s
parent,
legal
guardian,
or
legal
custodian
when
1
the
minor
user
enters
a
prompt
indicating
the
minor
user
has
2
suicidal
ideations
or
the
intent
to
cause
self-harm.
3
3.
A
deployer
shall
only
make
a
therapeutic
chatbot
4
available
for
a
minor’s
use
or
purchase
if
all
of
the
following
5
apply:
6
a.
The
therapeutic
chatbot
was
recommended
for
the
minor’s
7
use
by
an
individual
licensed
under
chapter
154B
or
154D
after
8
performing
an
evaluation
of
the
minor.
9
b.
The
therapeutic
chatbot’s
developer
has
significant
10
documentation
of
how
the
public-facing
chatbot
was
tested.
11
c.
Peer-reviewed
clinical
trial
data
exists
demonstrating
12
the
therapeutic
chatbot
would
be
a
safe,
effective
tool
for
the
13
minor’s
diagnosis,
treatment,
mitigation,
or
prevention
of
a
14
mental
health
condition.
15
d.
The
therapeutic
chatbot’s
deployer
provided
clear
16
disclosures
of
the
therapeutic
chatbot’s
functions,
17
limitations,
and
data
privacy
policies
to
the
individual
18
recommending
the
therapeutic
chatbot
under
paragraph
“a”
,
and
19
to
the
minor’s
parents,
guardians,
or
custodians.
20
e.
The
therapeutic
chatbot’s
deployer
developed
and
21
implemented
protocols
for
testing
the
therapeutic
chatbot
for
22
risks
to
users,
identifying
possible
risks
the
therapeutic
23
chatbot
poses
to
users,
mitigating
risks
the
therapeutic
24
chatbot
poses
to
users,
and
quickly
rectifying
harm
the
25
therapeutic
chatbot
may
have
caused
a
user.
26
4.
A
deployer
shall
not
be
liable
for
a
user’s
27
misrepresentation
of
age
if
the
deployer
has
made
commercially
28
reasonable
efforts
to
comply
with
this
section.
29
Sec.
4.
NEW
SECTION
.
554J.4
Enforcement.
30
1.
The
attorney
general
may
bring
an
action
on
behalf
of
the
31
state
to
enforce
the
provisions
of
this
chapter
and
may
seek
an
32
injunction
for
violations
of
this
chapter.
33
2.
a.
A
court
may
issue
a
civil
penalty
of
not
more
than
34
two
thousand
five
hundred
dollars
for
each
violation
of
this
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chapter,
or
seven
thousand
five
hundred
dollars
if
a
person
1
violates
an
injunction
issued
under
this
chapter.
2
b.
Penalties
assessed
under
this
subsection
shall
be
3
deposited
into
the
general
fund
of
the
state.
4
3.
a.
Prior
to
initiating
a
proceeding
to
obtain
a
5
civil
penalty,
the
attorney
general
shall
notify
a
person
6
in
violation
of
this
chapter
of
the
violation
and
give
the
7
person
thirty
calendar
days
from
the
date
the
attorney
general
8
notified
the
person
to
cure
the
violation.
9
b.
This
subsection
shall
not
apply
if
a
violation
will
cause
10
imminent
harm
to
a
minor.
11
Sec.
5.
NEW
SECTION
.
554J.5
Safe
harbor.
12
A
deployer
that
makes
commercially
reasonable
efforts
to
13
comply
with
this
chapter
shall
not
be
subject
to
liability
for
14
unforeseeable
or
emergent
outputs
generated
by
the
deployer’s
15
public-facing
chatbot.
16
Sec.
6.
NEW
SECTION
.
554J.6
Construction.
17
This
chapter
shall
be
narrowly
interpreted
to
apply
only
to
18
consumer-facing
artificial
intelligence.
This
chapter
shall
19
not
be
construed
to
regulate
internal
business
technologies.
20
Sec.
7.
LEGISLATIVE
INTENT.
It
is
the
intent
of
the
general
21
assembly
to
support
innovation
in
artificial
intelligence
22
while
establishing
reasonable
consumer
protections
for
systems
23
designed
for
independent
public
use.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
public-facing
chatbots
(public
28
chatbots).
29
The
bill
defines
“AI
companion”
as
a
chatbot
designed
to
30
simulate
human-like
romantic
or
emotional
bonds.
31
The
bill
defines
“deployer”
as
a
person
that
makes
an
AI
32
companion,
a
public
chatbot,
or
a
therapeutic
chatbot
available
33
to
users
in
this
state.
34
The
bill
defines
“public-facing
chatbot”
as
a
chatbot
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intentionally
made
available
to
the
general
public
or
marketed
1
directly
to
consumers
for
independent
use
without
the
ongoing
2
supervision
of
the
deployer
or
an
institutional
consumer.
3
The
bill
defines
“therapeutic
chatbot”
as
a
public
chatbot
4
that
is
designed
for
the
primary
purpose
of
providing
mental
5
health
support,
counseling,
or
therapy
by
diagnosing,
treating,
6
mitigating,
or
preventing
a
mental
health
condition.
7
The
bill
also
defines
“artificial
intelligence”
(AI),
8
“chatbot”,
“commercially
reasonable”,
“minor”,
and
“output”.
9
The
bill
requires
a
deployer
to
implement
and
maintain
10
protocols
meant
to
detect,
respond
to,
report,
and
mitigate
11
harm
the
deployer’s
public
chatbot
may
cause
a
user
in
a
12
manner
that
takes
commercially
reasonable
steps
to
protect
the
13
well-being
of
users;
limit
the
collection
and
storage
of
user
14
information
collected
by
a
public
chatbot
to
what
is
necessary
15
to
fulfill
the
deployer’s
purpose
for
making
the
public
16
chatbot
publicly
available;
clearly
and
conspicuously
disclose
17
the
public
chatbot
is
AI
and
not
a
licensed
medical,
legal,
18
financial,
or
mental
health
professional
at
the
beginning
of
19
the
public
chatbot’s
interaction
with
a
user
and
at
three-hour
20
intervals
of
continuous
interaction
with
the
user;
and
21
implement
protocols
to
respond
to
user
prompts
indicating
the
22
user
has
suicidal
ideations
or
the
intent
to
cause
self-harm.
23
The
bill
prohibits
deployers
from
knowingly
or
recklessly
24
designing
or
making
a
public
chatbot
available
if
the
public
25
chatbot
misleads
a
reasonable
user
into
believing
the
public
26
chatbot
is
a
specific
human
being;
misleads
a
reasonable
user
27
into
believing
the
public
chatbot
is
licensed
by
the
state;
28
or
encourages,
promotes,
or
coerces
a
user
to
commit
suicide,
29
perform
acts
of
self-harm,
or
engage
in
sexual
or
physical
30
violence
against
a
human
or
an
animal.
31
The
bill
requires
a
deployer
of
an
AI
companion
or
a
32
therapeutic
chatbot
to
implement
commercially
reasonable
33
measures
to
determine
whether
a
user
is
a
minor.
The
measures
34
must
use
a
risk-based
approach
appropriate
with
the
nature
of
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the
public
chatbot
and
the
reasonably
foreseeable
harm
that
1
may
come
from
using
the
public
chatbot.
Reasonable
measures
2
may
include
self-attestation,
technical
measures,
or
other
3
commercially
reasonable
approaches,
but
the
bill
is
not
to
be
4
construed
to
require
a
deployer
to
verify
a
user’s
age
using
5
government-issued
identification.
6
The
bill
requires
a
deployer
of
an
AI
companion
or
a
7
therapeutic
chatbot
to
implement
protocols
for
sending
a
8
notification
to
a
minor
user’s
parent,
legal
guardian,
or
9
legal
custodian
when
the
minor
user
enters
a
prompt
indicating
10
the
minor
user
has
suicidal
ideations
or
the
intent
to
cause
11
self-harm.
12
The
bill
prohibits
a
deployer
from
making
a
therapeutic
13
chatbot
available
for
a
minor’s
use
or
purchase
unless
the
14
deployer
meets
requirements
related
to
therapeutic
chatbot
use
15
and
safety
as
detailed
in
the
bill.
16
The
bill
provides
that
a
deployer
is
not
liable
for
a
user’s
17
misrepresentation
of
age
if
the
deployer
has
made
commercially
18
reasonable
efforts
to
comply
with
the
bill.
19
The
bill
authorizes
the
attorney
general
to
bring
actions
on
20
behalf
of
the
state
to
enforce
the
bill
and
seek
injunctions
21
for
violations
of
the
bill.
22
The
bill
allows
a
court
to
issue
a
civil
penalty
of
not
more
23
than
$2,500
for
each
violation
of
the
bill,
or
$7,500
if
the
24
person
violated
an
injunction
issued
under
the
bill.
Civil
25
penalties
assessed
under
the
bill
shall
be
deposited
into
the
26
general
fund
of
the
state.
27
The
bill
requires
the
attorney
general
to
notify
a
person
28
in
violation
of
the
bill
of
the
person’s
violation
and
give
29
the
person
30
calendar
days
from
the
date
the
attorney
general
30
notified
the
person
to
cure
the
violation
prior
to
the
attorney
31
general
initiating
a
proceeding
to
obtain
a
civil
penalty.
32
However,
the
requirement
to
notify
a
person
shall
not
apply
if
33
a
violation
will
cause
imminent
harm
to
a
minor.
34
The
bill
provides
that
a
deployer
who
makes
commercially
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reasonable
efforts
to
comply
with
the
bill
shall
not
be
subject
1
to
liability
for
unforeseeable
or
emergent
outputs
generated
by
2
the
deployer’s
public
chatbot.
3
The
bill
shall
be
narrowly
interpreted
to
apply
only
to
4
consumer-facing
AI.
The
bill
shall
not
be
construed
to
regulate
5
internal
business
technologies.
6
The
bill
states
the
legislative
intent
of
the
general
7
assembly
to
support
innovation
in
AI
while
establishing
8
reasonable
consumer
protections
for
systems
designed
for
9
independent
public
use.
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