COMMERCE: Creates a consumer bill of rights regarding artificial intelligence

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2026 Regular Session
HOUSE BILL NO. 734
BY REPRESENTATIVES CARLSON, DESHOTEL, SCHLEGEL, AND CARVER
COMMERCE: Creates a consumer bill of rights regarding artificial intelligence
1 AN ACT
2 To enact Part XIII of Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, to
3 be comprised of R.S. 38:2320.21, and Chapter 70 of Title 51 of the Louisiana
4 Revised Statutes of 1950, to be comprised of R.S. 51:3301 through 3308, relative to
5 regulation of artificial intelligence; to prohibit the state from entering into artificial
6 intelligence contracts with foreign countries of concern; to provide an artificial
7 intelligence bill of rights; to restrict chatbot use by minors; to provide for consumer
8 protections regarding bots; to provide consumer protections for disclosure of data;
9 to provide for civil causes of action; to provide for investigations by the attorney
10 general; to prohibit unauthorized publication of a person's name, image, or likeness;
11 to provide for civil penalties; to provide for exemptions; and to provide for related
12 matters.
13 Be it enacted by the Legislature of Louisiana:
14 Section 1. Part XIII of Chapter 10 of Title 38 of the Louisiana Revised Statutes of
15 1950, comprised of R.S. 38:2320.21, is hereby enacted as follows:
16 PART XIII. ARTIFICIAL INTELLIGENCE
17 §2320.21. Artificial intelligence; public contracts with entities of foreign countries
18 of concern prohibited
19 A. As used in this Section, these terms shall have the following definitions
20 ascribed to them, unless the context indicates otherwise:
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1 (1) "Artificial intelligence" means an engineered or machine-based system
2 that varies in its level of autonomy and that can, for explicit or implicit objectives,
3 infer from the input it receives how to generate outputs that influence physical or
4 virtual environments.
5 (2) “Foreign country of concern” means the People's Republic of China, the
6 Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic
7 of Korea, or the Republic of Cuba, including any agency of or any other entity under
8 significant control of a foreign country of concern.
9 B. This state or a political subdivision shall not enter into, modify, renew,
10 or extend a contract with an entity to provide artificial intelligence technology,
11 software, or products, including as a portion of or an option to the products or
12 services provided under the contract, unless the entity provides this state or that
13 political subdivision with an affidavit signed by an officer or a representative of the
14 entity attesting that the entity does not meet any of the following criteria:
15 (1) The entity is owned by the government of a foreign country of concern.
16 (2) A government of a foreign country of concern has a controlling interest
17 in the entity.
18 (3) The entity is organized under the laws of or has its principal place of
19 business in a foreign country of concern.
20 Section 2. Chapter 70 of Title 51 of the Louisiana Revised Statutes of 1950,
21 comprised of R.S. 51:3301 through 3308, is hereby enacted to read as follows:
22 CHAPTER 70. THE LOUISIANA A.I. BILL OF RIGHTS
23 §3301. Short title
24 This Chapter may be cited as the "The Louisiana A.I. Bill of Rights".
25 §3302. Definitions
26 As used in this Chapter, these terms have the following definitions ascribed
27 to them, unless the context indicates otherwise:
28 (1) "Account holder" means an individual who opens an account or creates
29 a profile or is identified by the companion chatbot platform by a unique identifier
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1 while he is using or accessing the platform, if the platform knows or has reason to
2 believe the individual is a resident of this state.
3 (2) "Artificial intelligence" means an engineered or machine-based system
4 that varies in its level of autonomy and that can, for explicit or implicit objectives,
5 infer from the input it receives how to generate outputs that influence physical or
6 virtual environments.
7 (3) "Artificial intelligence technology company" means a business or
8 organization that produces, develops, creates, designs, or manufactures artificial
9 intelligence technology or products, collects data for use in artificial intelligence
10 products, or implements artificial intelligence technology.
11 (4) "Bot" means an automated online software application in which all or
12 substantially all of the actions or posts of the account are not the result of a natural
13 person.
14 (5) "Companion chatbot" means an artificial intelligence system with a
15 natural language interface that provides adaptive, human-like responses to user
16 inputs and is capable of meeting a user's social needs, including by exhibiting
17 anthropomorphic features and being able to sustain a relationship across multiple
18 interactions. "Companion chatbot" does not include the following:
19 (a) A bot used only for customer service or for a business's operational
20 purposes, productivity, or analysis related to source information, internal research,
21 or technical assistance.
22 (b) A bot that is a feature of a video game and is limited to replies related to
23 the video game and does not discuss topics related to mental health, self-harm, or
24 material harmful to minors or maintain a dialogue on other topics unrelated to the
25 video game.
26 (c) A stand-alone consumer electronic device that functions as a speaker and
27 voice command interface, acts as a voice-activated virtual assistant, and does not
28 sustain a relationship across multiple interactions or generate outputs likely to elicit
29 emotional responses in the user.
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1 (6) "Companion chatbot platform" means a platform that allows a user to
2 engage with a companion chatbot.
3 (7) "Deidentified data" means data that cannot reasonably be linked to an
4 identified or identifiable individual or a device linked to that individual.
5 (8) “Material harmful to minors” has the same meaning as defined in R.S.
6 51:2121.
7 (9) "Minor" means any person who has not attained the age of eighteen years.
8 (10) "Operator" means a person who owns, operates, or otherwise makes
9 available a bot to an individual in this state.
10 (11) "Pop-up" means a visible notification on the computer, tablet, or mobile
11 phone screen of a user which is resolved if the user interacts with or responds to the
12 notification.
13 (12) "Resident" means an individual who has resided in this state for more
14 than six months during the preceding twelve-month period.
15 (13) "User" means an individual who resides or is domiciled in this state and
16 who accesses an internet website, online or cloud computing service, online
17 application, or mobile application.
18 (14) "Video game" means a game played on an electronic device that uses
19 a computer, microprocessor, or similar electronic circuitry and its own monitor, or
20 is designed to be used with a television set or a computer monitor, to interact with
21 the user of the device.
22 §3303. Rights relating to the use of artificial intelligence
23 A. Residents of this state are entitled to certain rights with respect to the use
24 of artificial intelligence including but not limited to all of the following:
25 (1) The right to use artificial intelligence to improve their own lives and the
26 lives of family members, fellow residents, and the world at large in accordance with
27 the law.
28 (2) The right to supervise, access, limit, and control their minor children's
29 use of artificial intelligence.
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1 (3) The right to know whether they are communicating with a human being
2 or an artificial intelligence system, program, or chatbot.
3 (4) The right to know if artificial intelligence technology companies are
4 collecting personal information or biometric data, and the right to expect artificial
5 intelligence technology companies to protect and deidentify that information or data
6 in accordance with the law.
7 (5) The right to pursue civil remedies authorized by law against persons who
8 use artificial intelligence to appropriate the name, image, or likeness of others for
9 commercial purposes without their consent.
10 (6) The right to be protected by law from criminal acts, such as fraud,
11 exploitation, identity theft, stalking, and cyberbullying, regardless of whether
12 artificial intelligence is used in the commission of those acts.
13 (7) The right to be protected by law from criminal acts relating to the
14 alteration of existing images to create sexual or lewd or lascivious images or child
15 pornography, regardless of whether artificial intelligence is used in the commission
16 of those acts.
17 (8) The right to know whether political advertisements, electioneering
18 communications, or similar advertisements were created in whole or in part with the
19 use of artificial intelligence.
20 (9) The right to pursue civil remedies authorized by law against others who
21 use artificial intelligence to slander, libel, or defame them.
22 B. Residents of this state may exercise the rights described in this Section
23 in accordance with existing law. This Section shall not be construed as creating new
24 or independent rights or entitlements.
25 §3304. Companion chatbot use for minors
26 A. A companion chatbot platform shall prohibit a minor from entering into
27 a contract with the platform to become an account holder or from maintaining an
28 existing account, unless the minor's parent or guardian provides consent for the
29 minor to become an account holder or maintain an existing account.
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1 (1) If the minor's parent or guardian provides consent for the minor to
2 become an account holder or maintain an existing account, the companion chatbot
3 platform shall allow the consenting parent or guardian of the minor account holder
4 to do all of the following:
5 (a) Obtain copies of all interactions between the account holder and the
6 companion chatbot.
7 (b) Limit the amount of time that the account holder may interact with the
8 companion chatbot each day.
9 (c) Limit the days of the week and the times during the day when the account
10 holder may interact with the companion chatbot.
11 (d) Disable any of the interactions between the account holder and
12 third-party account holders on the companion chatbot platform.
13 (e) Receive timely notifications if the account holder expresses to the
14 companion chatbot a desire or an intent to engage in self-harm or to harm others.
15 (2) A companion chatbot platform shall do all of the following:
16 (a) Terminate an account belonging to an account holder who is a minor if
17 the companion chatbot platform treats or categorizes that account as belonging to a
18 minor for purposes of targeting content or advertising and if the minor's parent or
19 guardian has not provided consent for the minor to become an account holder or to
20 maintain an existing account. The companion chatbot platform shall provide ninety
21 days for the account holder to dispute the termination. Termination shall be effective
22 upon the expiration of the ninety-day period if the account holder fails to effectively
23 dispute the termination.
24 (b) Allow an account holder who is a minor to request to terminate the
25 account. Termination shall be effective within five business days of the request.
26 (c) Allow the consenting parent or guardian of an account holder who is a
27 minor to request that the minor's account be terminated. Termination shall be
28 effective within ten business days following the request.
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1 (d) Permanently delete all personal information held by the companion
2 chatbot platform relating to the terminated account, unless state or federal law
3 requires the platform to maintain the information.
4 B. In connection with all accounts held by account holders who are minors,
5 a companion chatbot platform shall do all of the following:
6 (1) Disclose to the account holder that he is interacting with artificial
7 intelligence.
8 (2) Provide by default a clear and conspicuous notification to the account
9 holder, at the beginning of companion chatbot interactions and at least once every
10 hour during continuing interactions, reminding the minor to take a break and that the
11 companion chatbot is artificially generated and not human.
12 (3) Institute reasonable measures to prevent its companion chatbot from
13 producing or sharing material harmful to minors or encouraging the account holder
14 to engage in any of the conduct described or depicted in materials harmful to minors.
15 C.(1) A knowing or reckless violation of this Section is deemed a deceptive
16 or unfair trade practice or act pursuant to the Unfair Trade Practices and Consumer
17 Protection Law, R.S. 51;1401 et seq.
18 (2) If the attorney general has reason to believe that a companion chatbot
19 platform is in violation of this Section, the attorney general may bring an action
20 against that platform for a deceptive or unfair trade practice or act.
21 (3) In addition to other remedies provided for in this Chapter, the attorney
22 general may impose a civil penalty of up to fifty thousand dollars per violation as
23 well as reasonable attorney fees and court costs.
24 (4) If the companion chatbot platform's failure to comply with this Section
25 is part of a consistent pattern of knowing or reckless conduct, punitive damages may
26 be assessed against the companion chatbot platform.
27 D.(1) A companion chatbot platform that knowingly or recklessly violates
28 this Section shall be liable to a minor account holder for up to ten thousand dollars
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1 in damages, as well as court costs and reasonable attorney fees, as ordered by the
2 Court.
3 (2) A civil action for a claim pursuant to this Subsection may be brought
4 within two years of the date the complainant knew, or reasonably should have
5 known, of the alleged violation.
6 (3) An action brought pursuant to this Subsection may be brought only on
7 behalf of a minor account holder.
8 E. For purposes of bringing an action in accordance with this Section, a
9 companion chatbot platform that allows a minor account holder in this state to create
10 an account on the platform is considered to be both engaged in substantial and not
11 isolated activities within this state and operating, conducting, engaging in, or
12 carrying on a business and doing business in this state, and is therefore subject to the
13 jurisdiction of the courts of this state.
14 F. If a companion chatbot platform allows a minor account holder to use the
15 companion chatbot platform, the parties have entered into a contract.
16 G. This Section does not preclude any other available remedy at law or
17 equity.
18 §3305. Consumer protections regarding bots
19 A. At the beginning of an interaction between a user and a bot, and at least
20 once every hour during the interaction, an operator shall display a pop-up message
21 notifying users that they are not engaging in dialogue with a human counterpart.
22 B.(1) A violation of this Section is deemed a deceptive or unfair trade
23 practice or act pursuant to the Unfair Trade Practices and Consumer Protection Law,
24 R.S. 51;1401 et seq. and may be enforced by the attorney general on behalf of a user
25 of a bot.
26 (2) If the attorney general has reason to believe that an operator is in
27 violation of this Section, the attorney general may bring an action against the
28 operator for a deceptive or unfair trade practice or act.
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1 (3) In addition to any other remedy provided for in this Chapter, the attorney
2 general may impose a civil penalty of up to fifty thousand dollars per violation plus
3 reasonable attorney fees and court costs as ordered by the court.
4 C. This Section does not preclude any other available remedy at law or
5 equity.
6 D. For purposes of bringing an action pursuant to this Section, a person who
7 meets the definition of an operator who owns, operates, or otherwise makes available
8 a bot to individuals in this state is considered to be both engaged in substantial and
9 not isolated activities within this state and operating, conducting, engaging in, or
10 carrying on a business, and doing business in this state, and is therefore subject to the
11 jurisdiction of the courts of this state.
12 §3306. Consumer protections regarding deidentified data
13 A. An artificial intelligence technology company shall not sell or disclose
14 personal information of users unless the information is deidentified data except as
15 required by the laws of this state or of the United States.
16 B. An artificial intelligence technology company in possession of
17 deidentified data shall do all of the following:
18 (1) Take reasonable measures to ensure that the data cannot be associated
19 with an individual.
20 (2) Maintain and use the data in deidentified form.
21 (3) Contractually obligate a recipient of the deidentified data to comply with
22 this Section.
23 (4) Implement business processes to prevent the inadvertent release of
24 deidentified data.
25 C.(1) A violation of this Section is deemed a deceptive or unfair trade
26 practice or act pursuant to the Unfair Trade Practices and Consumer Protection Law,
27 R.S. 51;1401 et seq., and may be enforced by the attorney general.
28 (2) If the attorney general has reason to believe that an artificial intelligence
29 technology company is in violation of this Section, the attorney general may bring
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1 an action against the artificial intelligence technology company for a deceptive or
2 unfair trade practice or act.
3 (3) In addition to any other remedy provided for in this Chapter, the attorney
4 general may collect a civil penalty of up to fifty thousand dollars per violation and
5 reasonable attorney fees and court costs.
6 D. For purposes of bringing an action pursuant to this Section, a person who
7 meets the definition of an artificial intelligence technology company that produces,
8 develops, creates, designs, or manufactures artificial intelligence technology or
9 products, collects data for use in artificial intelligence products, or implements
10 artificial intelligence technology in this state is considered to be both engaged in
11 substantial and not isolated activities within this state and operating, conducting,
12 engaging in, or carrying on a business, and doing business in this state, and is
13 therefore subject to the jurisdiction of the courts of this state.
14 §3307. Investigations
15 A. If, by his own inquiry or as a result of complaints, the attorney general
16 has reason to believe that a person has engaged in, or is engaging in, a practice or an
17 act that violates this Chapter, the attorney general may administer oaths and
18 affirmations, subpoena witnesses or matter, and collect evidence. Within five days,
19 excluding weekends and legal holidays, after service of a subpoena or at any time
20 before the return date specified in the subpoena, whichever time period is longer, the
21 person served shall file in the district court of the parish in which it resides or in
22 which it transacts business and serve upon the enforcing authority a petition for an
23 order modifying or setting aside the subpoena. The petitioner shall raise any
24 objection or privilege that would be available upon service of a subpoena in a civil
25 action. The subpoena shall inform the party served of the party's rights under this
26 Subsection.
27 B. If the matter that the attorney general seeks to obtain by subpoena is
28 located outside this state, the person subpoenaed shall make the matter available to
29 the attorney general or his representative at the place where the person is located.
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1 The attorney general may designate representatives, including officials of the state
2 in which the matter is located, to inspect the matter on his behalf and may respond
3 to similar requests from officials of other states.
4 C. Upon the failure of a person, without lawful excuse, to obey a subpoena
5 and upon reasonable notice to all persons affected, the attorney general may apply
6 to the district court for an order compelling compliance.
7 D. The attorney general may request that a person who refuses to comply
8 with a subpoena on the grounds that the testimony or matter is self-incriminating be
9 ordered by the court to provide that testimony or matter. Except in a prosecution for
10 perjury, a person who complies with a court order to provide testimony or matter
11 after asserting a valid privilege against self-incrimination shall not have that
12 testimony or matter used against him in any criminal investigation or proceeding.
13 E. A person upon whom a subpoena is served pursuant to this part shall
14 comply with its terms unless otherwise provided by order of the court. A person who
15 fails to appear, with the intent to avoid, evade, or prevent compliance in whole or in
16 part with an investigation under this part, or who removes from any place, conceals,
17 withholds, mutilates, alters, or destroys, or by any other means falsifies any
18 documentary material in the possession, custody, or control of a person subject to a
19 subpoena, or who knowingly conceals relevant information with the intent to avoid,
20 evade, or prevent compliance, is liable for a civil penalty of not more than five
21 thousand dollars per week in violation, reasonable attorney fees, and costs.
22 §3308. Unauthorized publication of name, image, or likeness
23 A. As used in this Section, the term:
24 (1) "Generative artificial intelligence" means a machine-based system that
25 can, for a given set of human-defined objectives, emulate the structure and
26 characteristics of input data in order to generate derived synthetic content, including
27 images, videos, audio, text, and other digital content.
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1 (2) "Person" has the same meaning as in Civil Code Article 24 but also
2 includes a government or a governmental subdivision, agency, instrumentality, or
3 public corporation.
4 (3) "Servicemember" means a person serving as a member of the United
5 States Armed Forces on active duty or state active duty or a member of the Louisiana
6 National Guard or United States Reserve Forces.
7 (4) "Surviving children" means an individual's immediate offspring and any
8 children legally adopted by the individual.
9 (5) "Surviving spouse" means an individual's surviving spouse under the law
10 of the individual's domicile at the time of the individual's death, regardless of
11 whether the spouse later remarries.
12 B. A person shall not publish, print, display, or otherwise publicly use for
13 trade or for any commercial or advertising purpose the name, portrait, photograph,
14 image, or other likeness of an individual created through generative artificial
15 intelligence without the express written or oral consent to such use given by any of
16 the following:
17 (1) The individual.
18 (2) Any other person authorized in writing by the individual to license the
19 commercial use of the individual's name, image, or likeness.
20 (3) If the individual is deceased, express consent of one of the following:
21 (a) A person authorized in writing to license the commercial use of the
22 deceased individual's name, image, or likeness.
23 (b) If no person is authorized in accordance with Subparagraph (a) of this
24 Paragraph, any one individual from a class composed of the deceased individual's
25 surviving spouse and surviving children. A legal parent or guardian may give
26 consent on behalf of a minor surviving child.
27 C. A person shall not publish, print, display, or otherwise publicly use for
28 purposes of trade or for any commercial or advertising purpose the name, portrait,
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1 photograph, image, or other likeness of an individual without the express written or
2 oral consent to such use given by any of the following:
3 (1) The individual.
4 (2) Any other person authorized in writing by the individual to license the
5 commercial use of the individual's name, image, or likeness.
6 (3) If the individual is deceased, express consent of one of the following:
7 (a) A person authorized in writing to license the commercial use of the
8 deceased individual's name, image, or likeness.
9 (b) If no person is authorized in accordance with Subparagraph (a) of this
10 Paragraph, any one individual from a class composed of the deceased individual's
11 surviving spouse and surviving children. A legal parent or guardian may give
12 consent on behalf of a minor surviving child.
13 D. If the consent required in Subsections B or C of this Section is not
14 obtained, the individual whose name, portrait, photograph, image, or other likeness
15 is used, or a person authorized by the individual in writing to license the commercial
16 use of the individual's name, image, or likeness, or, if the individual whose likeness
17 is used is deceased, a person having the right to give consent, as provided in
18 Subsection B or C of this Section, may bring an action to enjoin the unauthorized
19 publication, printing, display, or other public use and to recover damages for any loss
20 or injury resulting from the unauthorized publication, including an amount that
21 would have been a reasonable royalty, and punitive or exemplary damages.
22 E. If a person uses the name, portrait, photograph, image, or other likeness
23 of a servicemember without obtaining the consent required in Subsections B or C of
24 this Section and the use is not subject to an exception listed in this Section, the court
25 may impose a civil penalty of up to one thousand dollars per violation in addition to
26 the civil remedies contained in Subsection D of this Section. Each commercial
27 transaction constitutes a violation under this Section.
28 F. This Section does not apply to any of the following:
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1 (1) The publication, printing, display, or use of the name, image, or likeness
2 of an individual in a newspaper, magazine, book, news broadcast or telecast, or other
3 news medium or publication if used as part of a bona fide news report or presentation
4 having a current and legitimate public interest and if the name, image, or likeness is
5 not used for advertising purposes.
6 (2) The use of an individual's name, portrait, photograph, image, or other
7 likeness in connection with the resale or other distribution of literary, musical, or
8 artistic productions or other articles of merchandise or property with the individual's
9 consent on or in connection with the initial sale or distribution of the productions,
10 articles, or merchandise.
11 (3) A photograph of an individual solely as a member of the public if the
12 individual is not named or otherwise identified in or in connection with the use of the
13 photograph.
14 G. No action shall be brought under this Section by reason of a publication,
15 printing, display, or other public use of the name, image, or likeness of an individual
16 occurring more than forty years after the death of the individual.
17 H. The remedies in this Section are in addition to and not in limitation of the
18 remedies and rights of any person under the law against the invasion of his privacy.
19 Section 3. The provisions of Section 1 of this Act shall become effective on July 1,
20 2026; if vetoed by the governor and subsequently approved by the legislature, this Act shall
21 become effective on July 1, 2026, or on the day following such approval by the legislature,
22 whichever is later.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 734 Original 2026 Regular Session Carlson
Abstract: Provides relative to the regulation of artificial intelligence technology,
prohibiting the state from entering into contracts with entities owned or controlled
by foreign countries of concern, providing an artificial intelligence bill of rights for
residents of this state, restricting companion chatbot use by minors, providing
consumer protections for regarding chatbots and data usage and deidentification by
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artificial intelligence technology companies, and restricting unauthorized publication
of a person's name, image, or likeness generated by artificial intelligence.
Proposed law defines "artificial intelligence" and "foreign country of concern".
Proposed law prohibits the state or a political subdivision from entering into, modifying,
renewing, or extending a contract to provide artificial intelligence technology unless the
entity provides an affidavit signed by an officer or a representative of the entity attesting that
the entity does not meet any of the following criteria:

(1) The entity is owned by the government of a foreign country of concern.
(2) A government of a foreign country of concern has a controlling interest in the entity.
(3) The entity is organized under the laws of or has its principal place of business in a
foreign country of concern.
Proposed law provides for an effective date of this provision of proposed law on July 1,
2026; if vetoed by the governor and subsequently approved by the legislature, this Act shall
become effective on July 1, 2026, or on the day following such approval by the legislature,
whichever is later.
Proposed law defines "account holder", "artificial intelligence", "artificial intelligence
technology company", "bot", "companion chatbot", "companion chatbot platform",
"deidentified data", "material harmful to minors", "minor", "operator", "pop-up", "resident",
"user", and "video game".
Proposed law establishes that residents of this state are entitled to certain rights with respect
to artificial intelligence, including but not limited to the following:
(1) The right to use artificial intelligence to improve their own lives and the lives of
family members, fellow residents, and the world at large in accordance with the law.
(2) The right to supervise, access, limit, and control their minor children's use of
artificial intelligence.
(3) The right to know whether they are communicating with a human being or an
artificial intelligence system, program, or chatbot.
(4) The right to know if artificial intelligence technology companies are collecting
personal information or biometric data, and the right to expect artificial intelligence
technology companies to protect and deidentify that information or data in
accordance with the law.
(5) The right to pursue civil remedies authorized by law against persons who use
artificial intelligence to appropriate the name, image, or likeness of others for
commercial purposes without their consent.
(6) The right to be protected by law from criminal acts, such as fraud, exploitation,
identity theft, stalking, and cyberbullying, regardless of whether artificial
intelligence is used in the commission of those acts.
(7) The right to be protected by law from criminal acts relating to the alteration of
existing images to create sexual or lewd or lascivious images or child pornography,
regardless of whether artificial intelligence is used in the commission of those acts.
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(8) The right to know whether political advertisements, electioneering communications,
or similar advertisements were created in whole or in part with the use of artificial
intelligence.
(9) The right to pursue civil remedies authorized by law against others who use artificial
intelligence to slander, libel, or defame them.
Proposed law provides that these rights may be exercised in accordance with existing law.
Proposed law provides that a companion chatbot platform shall prohibit a minor from
entering into a contract to become an account holder or maintaining an existing account
without consent from the minor's parent or guardian.
Proposed law provides that a companion chatbot platform shall allow the consenting parent
or guardian of the minor account holder to do all of the following:
(1) Obtain copies of all interactions between the account holder and the companion
chatbot.
(2) Limit the amount of time that the account holder may interact with the companion
chatbot each day.
(3) Limit the days of the week and the times during the day when the account holder
may interact with the companion chatbot.
(4) Disable any of the interactions between the account holder and third-party account
holders on the companion chatbot platform.
(5) Receive timely notifications if the account holder expresses to the companion
chatbot a desire or an intent to engage in self-harm or to harm others.
Proposed law provides that a companion chatbot platform shall terminate an account treated
as a minor's for the purposes of targeted content or advertising if the minor's parent or
guardian does not provide consent for the account's use, and to provide 90 days for the
account holder to dispute the termination.
Proposed law provides that a companion chatbot platform shall allow an account holder who
is a minor to request account termination and terminate the account within 5 days of the
request.
Proposed law provides that a companion chatbot platform shall allow a minor's parent or
guardian to request the minor's account be terminated and to terminate the account within
10 days of the request.
Proposed law provides that the companion chatbot platform shall delete all personal
information related to the terminated minor account permanently unless state or federal law
requires otherwise.
Proposed law requires with respect to accounts of minors that a companion chatbot platform
do all of the following:
(1) Disclose to the account holder that he is interacting with artificial intelligence.
(2) Provide by default a clear and conspicuous notification to the account holder, at the
beginning of companion chatbot interactions and at least once every hour during
continuing interactions, reminding the minor to take a break and that the companion
chatbot is artificially generated and not human.
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(3) Institute reasonable measures to prevent its companion chatbot from producing or
sharing materials harmful to minors or encouraging the account holder to engage in
any of the conduct described or depicted in materials harmful to minors.
Proposed law provides that a violation of these provisions is a deceptive or unfair trade
practice pursuant to the Unfair Trade Practices and Consumer Protection Law.
Proposed law provides for actions by the attorney general.
Proposed law provides for civil penalties.
Proposed law provides for liability and damages to a minor account holder.
Proposed law provides for a private cause of action on behalf of a minor account holder.
Proposed law provides for jurisdiction.
Proposed law provides that at the beginning of interactions and once every subsequent hour
between a consumer and a bot, a pop-up message shall be displayed notifying users they are
not engaged in dialogue with a human counterpart.
Proposed law provides that a violation of proposed law an unfair trade practice pursuant to
the Unfair Trade Practices and Consumer Protection Law.
Proposed law provides for actions by the attorney general.
Proposed law provides for civil penalties.
Proposed law provides for jurisdiction.
Proposed law provides that an artificial intelligence technology company shall not disclose
or sell personal information unless that information is deidentified data.
Proposed law provides that an artificial intelligence company in possession of deidentified
data do all of the following:
(1) Take reasonable measures to ensure that the data cannot be associated with an
individual.
(2) Maintain and use the data in deidentified form.
(3) Contractually obligate a recipient of the deidentified data to comply with this
Section.
(4) Implement business processes to prevent the inadvertent release of deidentified data.
Proposed law provides that a violation of proposed law is an unfair trade practice pursuant
to the Unfair Trade Practices and Consumer Protection Law.
Proposed law provides for actions by the attorney general.
Proposed law provides for civil penalties.
Proposed law provides for jurisdiction.
Proposed law provides for investigation authority and procedures by the attorney general for
violations of proposed law.
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Proposed law defines "generative artificial intelligence", "person", "servicemember",
"surviving children", and "surviving spouse".
Proposed law provides that a person shall not publish, print, display, or otherwise publicly
use for trade or for any commercial or advertising purpose the name, portrait, photograph,
image, or other likeness of an individual created through generative artificial intelligence
without the express written or oral consent to such use given by any of the following:
(1) The individual.
(2) Any other person authorized in writing by the individual to license the commercial
use of the individual's name, image, or likeness.
(3) If the individual is deceased, a person authorized in writing to license the
commercial use of the deceased individual's name, image, or likeness; or if a person
is not so authorized, then by any one individual from among a class composed of the
deceased individual's surviving spouse and surviving children. A legal parent or
guardian may give consent on behalf of a minor surviving child.
Proposed law provides that a person shall not publish, print, display, or otherwise publicly
use for trade or for any commercial or advertising purpose the name, portrait, photograph,
image, or other likeness of an individual without the express written or oral consent to such
use given by any of the following:
(1) The individual.
(2) Any other person authorized in writing by the individual to license the commercial
use of the individual's name, image, or likeness.
(3) If the individual is deceased, a person authorized in writing to license the
commercial use of the deceased individual's name, image, or likeness; or if a person
is not so authorized, then by any one individual from among a class composed of the
deceased individual's surviving spouse and surviving children. A legal parent or
guardian may give consent on behalf of a minor surviving child.
Proposed law provides for exemptions to proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 38:2320.21 and R.S. 51:3301-3308)
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