New chatbot regulations are moving through California Legislature. What to know

California legislators face an Aug. 31 deadline to decide on hundreds of bills covering an array of issues. One topic will certainly grab a lot of attention: chatbots.

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The artificial intelligence-powered programs that can engage in human-like conversations are now used by a large swath of young people, particularly for mental health advice. Their rapid rise has been accompanied by stories of people developing strong connections to the platforms and children harming themselves after using the technology, prompting parents to call for state and federal lawmakers to place greater limits on them.

California is seen as one of the key battlegrounds for how the technology is regulated across the country. Here’s a look at closely watched bills the Legislature is considering:

Assembly Bill 2023 and Senate Bill 1119

The measures would require a chatbot operator to perform annual evaluations to determine risks for young people using their platforms, take steps to mitigate those concerns and publish a child safety policy on their website. They would require the programs to refer children to outside help in the event that the users express suicidal thoughts or an intent to harm themselves.

The bills would also force operators to use default settings that don’t allow push notifications during school hours Monday through Friday and between midnight and 6 a.m. any day. Children would only be able to spend an hour in a single conversation with a chatbot platform and two hours total per day. The settings could be changed by a parent.

“It will allow for chatbots to be accessible, but will require that for children that they are tested, vigorously audited, and ensured that prior to being released to our children, they are safe,” Assemblymember Rebecca Bauer-Kahan, D-Orinda, one of AB 2023’s authors, said during a legislative hearing.

State Sen. Steve Padilla, D-Chula Vista, authored Senate Bill 1119.

State and local prosecutors would be able to sue chatbot operators for violating the measures, as well as parents or guardians of children who are harmed by companies that don’t follow them.

The bills have faced opposition from business, legal technology groups who argue their language is broad and confusing on the risks companies would have to address and when operators could face lawsuits and that imposing universal time limits and notification periods are not appropriate.

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AB 2023 is pending in the Senate Appropriations Committee and SB 1119 is awaiting action in the Assembly Appropriations Committee.

Senate Bill 867

The measure would place a four-year moratorium on the production and sale of toys that use chatbot platforms to anyone who is younger than 18. Violators could be sued.

SB 867, which is also authored by Padilla, has some exemptions, including for video games that “cannot discuss topics related to mental health, self-harm, sexually explicit conduct, or maintain a dialogue on other topics unrelated to the” game.

“Innovation without guardrails, especially when it comes to our kids, is not boldness, it’s recklessness,” Padilla told legislators during a hearing.

But the measure has prompted concerns from opponents about what would count as a toy and the legal liability it could open companies up to.

The bill is in the Assembly Appropriations Committee.

Senate Bill 300

Also authored by Padilla, the bill would require companion chatbot operators to make sure their products don’t produce, help share or propose sexually explicit material or conduct to users it knows are minors. He said the measure is about strengthening existing law.

Opponents argue SB 300 would treat operators that make extensive efforts to comply the same as those who do nothing. They say operators would be at risk of lawsuits for even a single instance of content was not prevented from being produced, shared or proposed.

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It is in the Assembly Appropriations Committee.

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