,,ii #aaith ,,congress #ast ,session ,s4 #cjfb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bh1 #bjbe ,mr4 ,hawley 7for himself1 ,mr4 ,blumenthal1 ,mrs4 ,britt1 ,mr4 ,warner1 ,mr4 ,murphy1 and ,mr4 ,kelly7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to require artificial intelligence chatbots to implement age verification measures and make certain disclosures1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,guidelines for ,user ,age-verification and ,responsible ,dialogue ,act of #bjbe or the ,,guard ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,artificial intelligence chatbots are increasingly being deployed on social media platforms and in consumer applications used by minors4 7#b7 ,these chatbots can generate and disseminate harmful or sexually explicit content to children4 7#c7 ,these chatbots can manipulate emotions and influence behavior in ways that exploit the developmental vulnerabilities of minors4 7#d7 ,the widespread availability of such chatbots exposes children to physical and psychological safety risks1 including grooming1 addiction1 self-harm1 and harm to others4 7#e7 ,protecting children from artificial intelligence chatbots that simulate human interaction without accountability is a compelling governmental interest4 #c4 ,definitions ,in this ,act3 7#a7 ,,ai companion ,the term ,,ai companion means an artificial intelligence chatbot that-- 7,a7 provides adaptive1 human-like responses to user inputs2 and 7,b7 is designed to encourage or facilitate the simulation of interpersonal or emotional interaction1 friendship1 companionship1 or therapeutic communication4 7#b7 ,artificial intelligence chatbot ,the term artificial intelligence chatbot-- 7,a7 means any interactive computer service or software application that-- 7i7 produces new expressive content or responses not fully predetermined by the developer or operator of the service or application2 and 7ii7 accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive output2 and 7,b7 does not include an interactive computer service or software application-- 7i7 the responses of which are limited to contextualized replies2 and 7ii7 that is unable to respond on a range of topics outside of a narrow specified purpose4 7#c7 ,covered entity ,the term covered entity means any person who owns1 operates1 or otherwise makes available an artificial intelligence chatbot to individuals in the ,united ,states4 7#d7 ,minor ,the term minor means any individual who has not attained #ah years of age4 7#e7 ,reasonable age verification measure ,the term reasonable age verification measure means a method that is authenticated to relate to a user of an artificial intelligence chatbot1 such as-- 7,a7 a government-issued identification2 or 7,b7 any other commercially reasonable method that can reliably and accurately-- 7i7 determine whether a user is an adult2 and 7ii7 prevent access by minors to ,,ai companions1 as required by section #f4 7#f7 ,reasonable age verification process ,the term reasonable age verification process means an age verification process employed by a covered entity that-- 7,a7 uses one or more reasonable age verification measures in order to verify the age of a user of an artificial intelligence chatbot owned1 operated1 or otherwise made available by the covered entity2 7,b7 provides that requiring a user to confirm that the user is not a minor1 or to insert the user's birth date1 is not sufficient to constitute a reasonable age verification measure2 7,c7 ensures that each user is subjected to each reasonable age verification measure used by the covered entity as part of the age verification process2 and 7,d7 does not base verification of a user's age on factors such as whether the user shares an ,internet ,protocol address1 hardware identifier1 or other technical indicator with another user determined to not be a minor4 #d4 ,criminal prohibitions 7a7 ,in general ,part ,i of title #ah1 ,united ,states ,code1 is amended by inserting after chapter #e the following3 #f ,artificial intelligence ,sec4 #ia4 ,artificial intelligence chatbots4 #ia4 ,artificial intelligence chatbots 7a7 ,definitions ,in this section3 7#a7 ,artificial intelligence chatbot ,the term artificial intelligence chatbot-- 7,a7 means any interactive computer service or software application that-- 7i7 produces new expressive content or responses not fully predetermined by the developer or operator of the service or application2 and 7ii7 accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive output2 and 7,b7 does not include an interactive computer service or software application-- 7i7 the responses of which are limited to contextualized replies2 and 7ii7 that is unable to respond on a range of topics outside of a narrow specified purpose4 7#b7 ,minor ,the term minor means any individual who has not attained #ah years of age4 7#c7 ,sexually explicit conduct ,the term sexually explicit conduct has the meaning given the term in section #bbef4 7b7 ,solicitation of minors 7#a7 ,offense ,it shall be unlawful to design1 develop1 or make available an artificial intelligence chatbot1 knowing or with reckless disregard for the fact that the artificial intelligence chatbot poses a risk of soliciting1 encouraging1 or inducing minors to-- 7,a7 engage in1 describe1 or simulate sexually explicit conduct2 or 7,b7 create or transmit any visual depiction of sexually explicit conduct1 including any visual depiction described in section #adff;,a7a74 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined not more than #ajj1jjj per offense4 7c7 ,promotion of physical violence 7#a7 ,offense ,it shall be unlawful to design1 develop1 or make available an artificial intelligence chatbot1 knowing or with reckless disregard for the fact that the artificial intelligence chatbot encourages1 promotes1 or coerces suicide1 non-suicidal self-injury1 or imminent physical or sexual violence4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined not more than #ajj1jjj per offense4 4 7b7 ,technical and conforming amendment ,the table of chapters for part ,i of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #e the following3 #f4 ,artificial intelligence #ia 4 #e4 ,covered entity obligations 7a7 ,creation of user accounts ,a covered entity shall require each individual accessing an artificial intelligence chatbot to make a user account in order to use or otherwise interact with such chatbot4 7b7 ,age verification 7#a7 ,age verification of existing accounts ,with respect to each user account of an artificial intelligence chatbot that exists as of the effective date of this ,act1 a covered entity shall-- 7,a7 on such date1 freeze any such account2 7,b7 in order to restore the functionality of such account1 require that the user provide age data that is verifiable using a reasonable age verification process1 subject to paragraph 7#d72 and 7,c7 using such age data1 classify each user as a minor or an adult4 7#b7 ,age verification of new accounts ,at the time an individual creates a new user account to use or interact with an artificial intelligence chatbot1 a covered entity shall-- 7,a7 request age data from the individual2 7,b7 verify the individual's age using a reasonable age verification process1 subject to paragraph 7#d72 and 7,c7 using such age data1 classify each user as a minor or an adult4 7#c7 ,periodic age verification ,a covered entity shall periodically review previously verified user accounts using a reasonable age verification process1 subject to paragraph 7#d71 to ensure compliance with this ,act4 7#d7 ,use of third parties ,for purposes of paragraphs 7#a77;,b71 7#b77;,b71 and 7#c71 a covered entity may contract with a third party to employ reasonable age verification measures as part of the covered entity's reasonable age verification process1 but the use of such a third party shall not relieve the covered entity of its obligations under this ,act or from liability under this ,act4 7#e7 ,age verification measure data security ,a covered entity-- 7,a7 shall establish1 implement1 and maintain reasonable data security to-- 7i7 limit collection of personal data to that which is minimally necessary to verify a user's age or maintain compliance with this ,act2 and 7ii7 protect such age verification data against unauthorized access2 7,b7 shall protect such age verification data against unauthorized access2 7,c7 shall protect the integrity and confidentiality of such data by only transmitting such data using industry-standard encryption protocols2 7,d7 shall retain such data for no longer than is reasonably necessary to verify a user's age or maintain compliance with this ,act2 and 7,e7 may not share with1 transfer to1 or sell to1 any other entity such data4 7c7 ,required disclosures for artificial intelligence chatbots 7#a7 ,disclosure of non-human status ,each artificial intelligence chatbot made available to users shall-- 7,a7 at the initiation of each conversation with a user and at #cj-minute intervals1 clearly and conspicuously disclose to the user that the chatbot is an artificial intelligence system and not a human being2 and 7,b7 be programmed to ensure that the chatbot does not claim to be a human being or otherwise respond deceptively when asked by a user if the chatbot is a human being4 7#b7 ,disclosure regarding non-professional status 7,a7 ,in general ,an artificial intelligence chatbot may not represent1 directly or indirectly1 that the chatbot is a licensed professional1 including a therapist1 physician1 lawyer1 financial advisor1 or other professional4 7,b7 ,other limitations ,each artificial intelligence chatbot made available to users shall1 at the initiation of each conversation with a user and at reasonably regular intervals1 clearly and conspicuously disclose to the user that-- 7i7 the chatbot does not provide medical1 legal1 financial1 or psychological services2 and 7ii7 users of the chatbot should consult a licensed professional for such advice4 #f4 ,prohibition on minor use of ,,ai companions ,if the age verification process described in section #e7;b7 determines that an individual is a minor1 a covered entity shall prohibit the minor from accessing or using any ,,ai companion owned1 operated1 or otherwise made available by the covered entity4 #g4 ,enforcement 7a7 ,in general ,in the case of a violation of section #e or #f1 or a regulation promulgated thereunder1 the ,attorney ,general may bring a civil action in an appropriate district court of the ,united ,states to-- 7#a7 enjoin the violation2 7#b7 enforce compliance with section #e or #f1 or the regulation promulgated thereunder2 or 7#c7 obtain civil penalties under subsection 7c7 of this section1 restitution1 and other appropriate relief4 7b7 ,attorney ,general powers 7#a7 ,investigatory powers ,for the purpose of conducting investigations or bringing enforcement actions under this section1 the ,attorney ,general may issue subpoenas1 administer oaths1 and compel the production of documents or testimony4 7#b7 ,rulemaking ,the ,attorney ,general may promulgate any regulations necessary to carry out this ,act4 7c7 ,civil penalties 7#a7 ,in general ,any person who violates section #e or #f1 or a regulation promulgated thereunder1 shall be subject to a civil penalty not to exceed #ajj1jjj for each violation4 7#b7 ,separate violations ,each violation described in paragraph 7#a7 shall be considered a separate violation4 7d7 ,state enforcement ,in any case in which the attorney general of a ,state has reason to believe that an interest of the residents of that ,state has been or is threatened or adversely affected by the engagement of any covered entity in a violation of this ,act or a regulation promulgated thereunder1 the ,state1 as parens patriae1 may bring a civil action on behalf of the residents of the ,state in a district court of the ,united ,states or a ,state court of appropriate jurisdiction to obtain injunctive relief4 7e7 ,relationship to ,state laws ,nothing in this ,act or an amendment made by this ,act1 or any regulation promulgated thereunder1 shall be construed to prohibit or otherwise affect the enforcement of any ,state law or regulation that is at least as protective of users of artificial intelligence chatbots as this ,act and the amendments made by this ,act1 and the regulations promulgated thereunder4 #h4 ,effective date ,this ,act and the amendments made by this ,act shall take effect on the date that is #ahj days after the date of enactment of this ,act4