SF4997

Purpose

This bill adds a new civil-law framework in Minnesota to regulate artificial intelligence chatbot technology. It creates duties for chatbot proprietors, requires notices to users that they are interacting with an AI, and establishes liability for harm caused by chatbots, including specific rules for companion chatbots that interact with users and may involve minors or self-harm.

Key Definitions

• AI system: any machine-based system that infers from inputs to generate outputs (content, decisions, predictions) that influence a physical or virtual environment. Excludes common software used for basic tasks like antivirus, spellcheck, spell checking, spreadsheets, and internal management tools.
• Chatbot: an AI system or app that simulates humanlike conversation through text, voice, or both.
• Companion chatbot: a chatbot designed to provide humanlike interaction that simulates an interpersonal relationship, using past interactions to shape future interactions.
• Humanlike: communications or actions that resemble human behavior.
• Proprietor: a person, business, organization, or government entity that owns, operates, or deploys a chatbot interacting with users (not including a third-party developer that licenses the technology and does not maintain direct control).
• User: a human in Minnesota using a chatbot.

Main Provisions

• Prohibited actions by a chatbot (liability framework)

  • A proprietor must not allow the chatbot to provide substantive information or advice, or take actions, that would require a professional license for medical/mental health care or legal advice under Minnesota law.
  • A proprietor may not try to waive or disclaim this liability simply by telling users they are interacting with a nonhuman chatbot.
  • Individuals may sue for general and special damages if a chatbot violates these rules; if the violation is willful, the violator must pay damages plus court costs, attorney fees, and disbursements.

• Notice to users

  • Proprietors must provide clear, conspicuous, explicit notice that the user is interacting with an artificial intelligence chatbot.
  • The notice must be in the same language as the chatbot and in easily readable size.

• Civil action framework

  • Violations create a right to sue for damages; the plaintiff can seek general and special damages, along with related costs and fees if the proprietor willfully violates the provisions.

Companion Chatbot Safeguards (Minors and Self-Harm)

• Notice and risk management for minors

  • Proprietors of companion chatbots must use prudent, good-faith, industry-standard methods to determine whether a user is a minor.
  • The proprietor must prevent the companion chatbot from promoting, causing, or aiding self-harm, and must act if a user expresses thoughts of self-harm.
  • If the chatbot has promoted or aided self-harm or a user expresses thoughts of self-harm, the proprietor must pause or prohibit continued use of the companion chatbot for at least 72 hours and prominently display contact information for a suicide crisis organization to the user.

• Liability upon failure to meet safeguards

  • A proprietor is liable to users who inflict self-harm if the proprietor promotes, causes, or aids self-harm, or if the proprietor fails to prohibit continued use after self-harm is promoted or thoughts of self-harm are expressed, including damages and related costs.
  • The proprietor may not waive liability for these harms.

• Minor-detection and strict liability

  • The proprietor must use prudent, good-faith efforts to determine whether a user is a minor and to discover system vulnerabilities that could affect minor detection.
  • If a minor user inflicts self-harm as a result of the companion chatbot due to failure to comply with these duties, the proprietor is strictly liable for the resulting harm.

Scope and Implementation

• The bill codifies these provisions into Minnesota Statutes, creating a new part under Chapter 604, specifically titled to address chatbot prohibitions and liability.
• It applies to chatbots accessed by users located in Minnesota.
• It distinguishes between general chatbot duties and heightened duties related to companion chatbots and minor users.

Potential Implications

• Businesses that deploy chatbots in Minnesota would face new duties to avoid professional-licensed-advice scenarios, provide notices, and implement safeguards for minors and self-harm risks.
• The bill establishes civil liability and potential attorney-fee-shifting consequences for noncompliance, including strict liability in certain self-harm scenarios involving minors.
• The framework may influence how companies design, label, and monitor AI chat interactions, especially around sensitive health, legal, and safety topics.

Relevant Terms - Artificial intelligence system (AI system) - Chatbot - Companion chatbot - Humanlike - Proprietor - User - Minnesota - Minnesota Statutes chapter 604 - Professional license (for medical, mental health, legal advice) - Notice - Civil action - General damages - Special damages - Court costs - Attorney fees - Disbursements - Self-harm - Suicide crisis organization - Minors - Prudent and good-faith effort - Industry standards - Vulnerabilities (in chatbot systems) - Strict liability - Waiver or disclaimer (liability waiver)