S T A T E O F N E W Y O R K
________________________________________________________________________
5668
2025-2026 Regular Sessions
I N S E N A T E
February 27, 2025
___________
Introduced by Sen. GONZALEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Internet and Technology
AN ACT to amend the general business law, in relation to liability for
false information provided by a chatbot
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
390-f to read as follows:
§ 390-F. LIABILITY FOR CHATBOT RESPONSES. 1. AS USED IN THIS SECTION
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ARTIFICIAL INTELLIGENCE" MEANS A MACHINE-BASED SYSTEM OR COMBINA-
TION OF SYSTEMS, THAT FOR EXPLICIT AND IMPLICIT OBJECTIVES, INFERS, FROM
THE INPUT IT RECEIVES, HOW TO GENERATE OUTPUTS SUCH AS PREDICTIONS,
CONTENT, RECOMMENDATIONS, OR DECISIONS THAT CAN INFLUENCE PHYSICAL OR
VIRTUAL ENVIRONMENTS.
(B) "CHATBOT" MEANS AN ARTIFICIAL INTELLIGENCE SYSTEM, SOFTWARE
PROGRAM, OR TECHNOLOGICAL APPLICATION THAT SIMULATES HUMAN-LIKE CONVER-
SATION AND INTERACTION THROUGH TEXT MESSAGES, AUDIO, OR A COMBINATION
THEREOF TO PROVIDE INFORMATION AND SERVICES TO USERS.
(C) "COMPANION CHATBOT" MEANS A CHATBOT THAT IS DESIGNED TO PROVIDE
HUMAN-LIKE INTERACTION THAT SIMULATES AN INTERPERSONAL RELATIONSHIP WITH
A USER OR GROUP OF USERS AS ITS PRIMARY FUNCTION, OR USES PREVIOUS USER
INTERACTIONS WHEN SIMULATING AN INTERPERSONAL RELATIONSHIP IN FUTURE
INTERACTIONS. AN INTERPERSONAL RELATIONSHIP SHALL INCLUDE, BUT SHALL NOT
BE LIMITED TO, ROMANTIC, PLATONIC, FAMILIAL, ADVERSARIAL, PROFESSIONAL,
OFFICIAL, THERAPEUTIC, OR STRANGER RELATIONSHIPS THAT ARE BETWEEN THE
COVERED USER AND A FICTIONAL OR NON-FICTIONAL CHARACTER OR GROUP OF
CHARACTERS.
(D) "COVERED USER" MEANS A USER OF A CHATBOT IN NEW YORK.
(E) "HUMAN-LIKE" MEANS ANY FORM OF COMMUNICATION OR INTERACTION THAT
APPROXIMATES HUMAN BEHAVIOR, INCLUDING NON-HUMAN BEHAVIOR THAT COULD BE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01914-03-5
S. 5668 2
ATTRIBUTED TO A HUMAN ACTOR, INCLUDING BUT NOT LIMITED TO, A HUMAN ACTOR
ROLE PLAYING AS A FICTIONAL NON-HUMAN CHARACTER, AN ANIMAL, OR OTHER
INTERACTIVE ENTITY.
(F) "MINOR" MEANS AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN.
(G) "PROPRIETOR" MEANS ANY PERSON, BUSINESS, COMPANY, ORGANIZATION,
INSTITUTION OR GOVERNMENT ENTITY THAT OWNS, OPERATES OR DEPLOYS A CHAT-
BOT USED TO INTERACT WITH USERS. PROPRIETORS SHALL NOT INCLUDE THIRD-
PARTY DEVELOPERS THAT LICENSE THEIR TECHNOLOGY TO A PROPRIETOR.
2. (A) A PROPRIETOR OF A CHATBOT THAT IS USED AS AN ALTERNATIVE TO A
HUMAN REPRESENTATIVE, OR OTHERWISE AS AN AGENT OF THE PROPRIETOR TO
PROVIDE ANY SUBSTANTIVE RESPONSE, INFORMATION, ADVICE, OR ACTION MAY NOT
DISCLAIM LIABILITY WHERE A CHATBOT PROVIDES MATERIALLY MISLEADING,
INCORRECT, CONTRADICTORY OR HARMFUL INFORMATION TO A COVERED USER THAT
RESULTS IN FINANCIAL LOSS OR OTHER DEMONSTRABLE HARM TO A COVERED USER.
NO SUCH LIABILITY SHALL BE IMPOSED WHERE THE PROPRIETOR HAS CORRECTED
THE INFORMATION AND SUBSTANTIALLY OR COMPLETELY CURED THE HARM TO THE
COVERED USER WITHIN THIRTY DAYS OF NOTICE OF SUCH HARM.
(B) THE PROPRIETOR OF A CHATBOT SHALL BE RESPONSIBLE FOR ENSURING SUCH
CHATBOT ACCURATELY PROVIDES INFORMATION ALIGNED WITH THE FORMAL POLI-
CIES, PRODUCT DETAILS, DISCLOSURES AND TERMS OF SERVICE OFFERED TO
COVERED USERS.
(C) A PROPRIETOR MAY NOT WAIVE OR DISCLAIM THIS LIABILITY MERELY BY
NOTIFYING CONSUMERS THAT THEY ARE INTERACTING WITH A NON-HUMAN CHATBOT
SYSTEM.
3. A PROPRIETOR OF A CHATBOT OR ANOTHER PERSON OR ENTITY THAT DIRECTS
THE PROPRIETOR'S CHATBOT TO PROVIDE ANY SUBSTANTIVE RESPONSE, INFORMA-
TION, ADVICE OR ACTION MAY NOT DISCLAIM LIABILITY OF ANY KIND WHERE A
CHATBOT PROVIDES MATERIALLY MISLEADING, INCORRECT, CONTRADICTORY OR
HARMFUL INFORMATION TO A COVERED USER THAT RESULTS IN BODILY HARM TO THE
COVERED USER OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY FORM
OF SELF-HARM.
4. PROPRIETORS UTILIZING CHATBOTS SHALL PROVIDE CLEAR, CONSPICUOUS AND
EXPLICIT NOTICE TO COVERED USERS THAT THEY ARE INTERACTING WITH AN ARTI-
FICIAL INTELLIGENCE CHATBOT PROGRAM RATHER THAN A HUMAN. THE TEXT OF
THE NOTICE SHALL APPEAR IN THE SAME LANGUAGE AND IN A SIZE EASILY READ-
ABLE BY THE AVERAGE VIEWER AND NO SMALLER THAN THE LARGEST FONT SIZE OF
OTHER TEXT APPEARING ON THE WEBSITE ON WHICH THE CHATBOT IS UTILIZED.
5. (A) A PROPRIETOR OF A COMPANION CHATBOT SHALL USE COMMERCIALLY
REASONABLE AND TECHNICALLY FEASIBLE METHODS TO (I) PREVENT SUCH COMPAN-
ION CHATBOT FROM PROMOTING, CAUSING OR AIDING SELF-HARM, AND (II) DETER-
MINE WHETHER A COVERED USER IS EXPRESSING THOUGHTS OF SELF-HARM AND,
UPON MAKING SUCH DETERMINATION, SUCH PROPRIETOR PROHIBITS CONTINUED USE
OF THE COMPANION CHATBOT FOR A PERIOD OF AT LEAST TWENTY-FOUR HOURS AND
PROMINENTLY DISPLAYS A MEANS TO CONTACT A SUICIDE CRISIS ORGANIZATION TO
SUCH COVERED USER.
(B) WHERE A PROPRIETOR OF A COMPANION CHATBOT FAILS TO COMPLY WITH THE
PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION, SUCH PROPRIETOR SHALL
BE LIABLE TO COVERED USERS WHO INFLICT SELF-HARM UPON THEMSELVES, IN
WHOLE OR IN PART, AS A RESULT OF SUCH PROPRIETOR'S COMPANION CHATBOT
PROMOTING, CAUSING OR AIDING THE COVERED USER TO INFLICT SELF-HARM.
(C) IRRESPECTIVE OF THE PROPRIETOR'S COMPLIANCE WITH PARAGRAPH (A) OF
THIS SUBDIVISION, A PROPRIETOR SHALL BE LIABLE TO COVERED USERS WHO
INFLICT SELF-HARM UPON THEMSELVES, IN WHOLE OR IN PART, WHERE SUCH
PROPRIETOR:
(I) HAS ACTUAL KNOWLEDGE THAT THE COMPANION CHATBOT IS PROMOTING,
CAUSING OR AIDING SELF-HARM; OR
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(II) HAS ACTUAL KNOWLEDGE THAT A COVERED USER IS EXPRESSING THOUGHTS
OF SELF-HARM, FAILS TO PROHIBIT CONTINUED USE OF THE COMPANION CHATBOT
FOR A PERIOD OF AT LEAST TWENTY-FOUR HOURS, AND FAILS TO PROMINENTLY
DISPLAY A MEANS TO CONTACT A SUICIDE CRISIS ORGANIZATION TO SUCH COVERED
USER.
(D) A PROPRIETOR OF A COMPANION CHATBOT MAY NOT WAIVE OR DISCLAIM
LIABILITY UNDER THIS SUBDIVISION.
6. (A) A PROPRIETOR OF A COMPANION CHATBOT SHALL USE COMMERCIALLY
REASONABLE AND TECHNICALLY FEASIBLE METHODS TO DETERMINE WHETHER A
COVERED USER IS A MINOR.
(B) WHERE SUCH PROPRIETOR OF A COMPANION CHATBOT DETERMINES THAT A
COVERED USER IS A MINOR PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION,
OR HAS ACTUAL KNOWLEDGE THAT A COVERED USER IS A MINOR, SUCH PROPRIETOR
SHALL:
(I) CEASE SUCH COVERED USER'S USE OF THE COMPANION CHATBOT UNTIL SUCH
PROPRIETOR HAS OBTAINED VERIFIABLE PARENTAL CONSENT TO PROVIDE A COMPAN-
ION CHATBOT TO SUCH MINOR USER; AND
(II) PROHIBIT SUCH COVERED USER'S CONTINUED USE OF THE COMPANION CHAT-
BOT FOR A PERIOD OF AT LEAST THREE DAYS AND PROMINENTLY DISPLAY A MEANS
TO CONTACT A SUICIDE CRISIS ORGANIZATION TO SUCH COVERED USER IF, USING
COMMERCIALLY REASONABLE AND TECHNICALLY FEASIBLE METHODS, SUCH PROPRIE-
TOR DETERMINES THAT, OR HAS ACTUAL KNOWLEDGE THAT, A COVERED USER IS
EXPRESSING THOUGHTS OF SELF-HARM.
(C) A PROPRIETOR SHALL BE STRICTLY LIABLE FOR ANY HARM CAUSED WHERE:
(I) SUCH PROVIDER FAILS TO COMPLY WITH PARAGRAPHS (A) OR (B) OF THIS
SUBDIVISION; AND
(II) A MINOR COVERED USER INFLICTS SELF-HARM UPON THEMSELVES, IN WHOLE
OR IN PART, AS A RESULT OF SUCH PROPRIETOR'S COMPANION CHATBOT.
(D) A PROPRIETOR OF A COMPANION CHATBOT MAY NOT WAIVE OR DISCLAIM
LIABILITY UNDER THIS SUBDIVISION.
7. A PROPRIETOR OF A COMPANION CHATBOT SHALL IMPLEMENT AND ENGAGE IN
THE ONGOING IMPLEMENTATION OF COMMERCIALLY REASONABLE AND TECHNICALLY
FEASIBLE METHODS TO DISCOVER VULNERABILITIES IN THE PROPRIETOR'S SYSTEM,
INCLUDING ANY METHODS USED TO DETERMINE WHETHER A COVERED USER IS A
MINOR.
8. (A) THE ATTORNEY GENERAL SHALL PROMULGATE REGULATIONS IDENTIFYING
COMMERCIALLY REASONABLE AND TECHNICALLY FEASIBLE METHODS FOR PROPRIETORS
OF COMPANION CHATBOTS REQUIRED UNDER THIS SECTION.
(B) IN PROMULGATING REGULATIONS RELATED TO THE COMMERCIALLY REASONABLE
AND TECHNICALLY FEASIBLE METHODS FOR PROPRIETORS OF COMPANION CHATBOTS
TO COMPLY WITH THIS SECTION, THE ATTORNEY GENERAL SHALL CONSIDER THE
SIZE, FINANCIAL RESOURCES, AND TECHNICAL CAPABILITIES OF THE PROPRIETOR,
THE COSTS AND EFFECTIVENESS OF AVAILABLE (I) AGE DETERMINATION TECH-
NIQUES FOR USERS OF COMPANION CHATBOTS, (II) TECHNIQUES TO PREVENT THE
PROMOTION, AID, OR ENCOURAGEMENT OF SELF-HARM, (III) TECHNIQUES TO
DETERMINE WHETHER A USER IS EXPRESSING THOUGHTS OF SELF-HARM, AND (IV)
TECHNIQUES TO DISCOVER VULNERABILITIES IN THE PROPRIETOR'S SYSTEM. THE
ATTORNEY GENERAL SHALL ALSO CONSIDER THAT PREVALENT PRACTICES OF THE
INDUSTRY OF THE PROPRIETOR AND THE IMPACT OF THE TECHNIQUES LISTED IN
SUBPARAGRAPHS (I) THROUGH (IV) OF THIS PARAGRAPH ON THE USER'S SAFETY,
UTILITY, AND EXPERIENCE.
(C) SUCH REGULATIONS SHALL ALSO IDENTIFY THE APPROPRIATE LEVELS OF
ACCURACY THAT WOULD BE COMMERCIALLY REASONABLE AND TECHNICALLY FEASIBLE
FOR PROPRIETORS TO ACHIEVE IN DETERMINING (I) WHETHER A USER IS A MINOR,
(II) WHETHER THE PROPRIETOR'S COMPANION CHATBOT IS PROMOTING, AIDING, OR
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ENCOURAGING SELF-HARM, AND (III) WHETHER A USER IS EXPRESSING THOUGHTS
OF SELF-HARM.
9. INFORMATION COLLECTED FOR THE PURPOSE OF DETERMINING A USER'S AGE
UNDER PARAGRAPH (A) OF SUBDIVISION FIVE OF THIS SECTION SHALL NOT BE
USED FOR ANY PURPOSES OTHER THAN AGE DETERMINATION AND SHALL BE DELETED
IMMEDIATELY AFTER AN ATTEMPT TO DETERMINE A USER'S AGE, EXCEPT WHERE
NECESSARY FOR COMPLIANCE WITH ANY APPLICABLE PROVISIONS OF NEW YORK
STATE OR FEDERAL LAW OR REGULATION.
10. THE ATTORNEY GENERAL SHALL PROMULGATE REGULATIONS IDENTIFYING
METHODS OF OBTAINING VERIFIABLE PARENTAL CONSENT PURSUANT TO SUBPARA-
GRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION SIX OF THIS SECTION.
11. INFORMATION COLLECTED FOR THE PURPOSE OF OBTAINING VERIFIABLE
PARENTAL CONSENT SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN OBTAINING
SUCH VERIFIABLE PARENTAL CONSENT AND SHALL BE DELETED IMMEDIATELY AFTER
AN ATTEMPT TO OBTAIN VERIFIABLE PARENTAL CONSENT, EXCEPT WHERE NECESSARY
FOR COMPLIANCE WITH ANY APPLICABLE PROVISIONS OF NEW YORK STATE OR
FEDERAL LAW OR REGULATION.
12. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING ANY
PROPRIETOR TO GIVE A PARENT WHO GRANTS VERIFIABLE PARENTAL CONSENT ANY
ADDITIONAL OR SPECIAL ACCESS TO OR CONTROL OVER THE DATA OR ACCOUNTS OF
THEIR CHILD.
§ 2. This act shall take effect one year after it shall have become a
law.