SB 1700

This bill prohibits a n operator from mak ing a companion chatbot available to a minor if the companion chatbot is capable of any of the following:  Encouraging or manipulating the minor user to engage in self-harm, suicidal ideation, violence, consumption of drugs or alcohol, or disordered eating .  Offering mental health therapy to the minor user without the direct supervision of a licensed professional, or discouraging the minor user from seeking help from a licensed professional or appropriate adult .  Encouraging or manipulating the minor user to harm others or participate in illegal activity, including the creation of child sexual abuse materials .  Engaging in erotic or sexually explicit interactions with the minor user or engaging in activities designed to lure minor users into such interactions .  Encouraging or manipulating the minor user to maintain secrecy about interactions or to self-isolate from trusted peers or adults .  Prioritizing mirroring or the validation of the minor user over the minor user's safet y.  Optimizing engagement so that it supersedes the companion chatbot's safety guardrails. DESIGN REQUIREMENTS This bill requires t he deployer of an artificial intelligence system, companion chatbot, generative artificial intelligence chatbot, or generative artificial intelligence system (" covered product "") to include a disclaimer to users that the covered product is not a human via a static, persistent disclosure and notify a user via a pop-up that the user is not engaging with a human at all of the following intervals:  Upon login to the covered product .  Every 30 minutes of continuous user engagement .  When prompted by the user .  When asked to provide advice legally regulated by a licensed industry, including medical advice, financial advice, or legal advice. MENTAL HEALTH REDIRECT This bill prohibits a developer or deployer from operat ing or provid ing a generative artificial intelligence chatbot to a user unless the generative artificial intelligence chatbot contains a protocol to take reasonable efforts for detecting and addressing suicidal ideation or expressions of self-harm expressed by a user to the generative artificial intelligence chatbot. This protocol must include detection of user expressions of suicidal ideation or self-harm, and a notification to the user that refers the use r to crisis service providers such as the 9-8-8 suicide prevention and behavioral health crisis hotline, a crisis text line, or other appropriate crisis services upon detection of such user's expressions of suicidal ideation or self-harm. DATA PRIVACY REQUIREMENTS This bill prohibits a developer from train ing the underlying model of a generative artificial intelligence chatbot with the inputs of a minor unless the minor's parent or legal guardian has affirmatively provided written consent to the developer to use the minor's personal information specifically t o train the underlying model of a generative artificial intelligence chatbot. TRANSPARENCY REQUIREMENTS This bill requires a developer or deployer of a generative artificial intelligence chatbot to establish a mechanism for a user of the generative artificial intelligence chatbot to report adverse incidents related to use of the chatbot to the company. The developer or deployer must make such mechanism publicly available and accessible to consumers. D evelopers and deployers must also publish safety test findings in a manner accessible for free by the general public. Further, o n April 1, 2027, and every th ree months after, a developer or deployer of a generative artificial intelligence chatbot must report to the attorney general (i) t he number of times the generative artificial intelligence chatbot provided information about suicide, self-harm, suicidal ideation, harming others, or illegal activity; and (ii) t he number of times a mental health redirect has been provided to users. LIABILITY AND ENFORCEMENT This bill authorizes the attorney general to bring an action for a violation of this bill seeking a civil penalty of not more than $25, 000 per violation, i njunctive or declaratory relief, and r easonable court costs and attorneys' fees. A user, including a minor user, who is aggrieved by a violation of this part, or a parent or legal guardian acting on behalf of a minor user, may bring a civil cause of action seeking a ctual damages, p unitive damages, in junctive or declaratory relief, r easonable court costs and attorneys' fees, and a ny other relief the court deems proper. APPLICABILITY This bill applies to conduct occurring on or after January 1, 2027."