GUARD Act

(1) Artificial intelligence chatbots are increasingly being deployed on social media platforms and in consumer applications used by minors.

(2) These chatbots can generate and disseminate harmful or sexually explicit content to children.

(3) These chatbots can manipulate emotions and influence behavior in ways that exploit the developmental vulnerabilities of minors.

(4) The widespread availability of such chatbots exposes children to physical and psychological safety risks, including grooming, addiction, self-harm, and harm to others.

(5) Protecting children from artificial intelligence chatbots that simulate human interaction without accountability is a compelling governmental interest.

The term AI companion means an artificial intelligence chatbot that—

(A) provides adaptive, human-like responses to user inputs; and

(B) is designed to encourage or facilitate the simulation of interpersonal or emotional interaction, friendship, companionship, or therapeutic communication.

The term artificial intelligence chatbot —

(A) means any interactive computer service or software application that—

(i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and

(ii) accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive output; and

(B) does not include an interactive computer service or software application—

(i) the responses of which are limited to contextualized replies; and

(ii) that is unable to respond on a range of topics outside of a narrow specified purpose.

The term covered entity means any person who owns, operates, or otherwise makes available an artificial intelligence chatbot to individuals in the United States.

The term minor means any individual who has not attained 18 years of age.

The term reasonable age verification measure means a method that is authenticated to relate to a user of an artificial intelligence chatbot, such as—

(A) a government-issued identification; or

(B) any other commercially reasonable method that can reliably and accurately—

(i) determine whether a user is an adult; and

(ii) prevent access by minors to AI companions, as required by section 6.

The term reasonable age verification process means an age verification process employed by a covered entity that—

(A) uses one or more reasonable age verification measures in order to verify the age of a user of an artificial intelligence chatbot owned, operated, or otherwise made available by the covered entity;

(B) provides that requiring a user to confirm that the user is not a minor, or to insert the user's birth date, is not sufficient to constitute a reasonable age verification measure;

(C) ensures that each user is subjected to each reasonable age verification measure used by the covered entity as part of the age verification process; and

(D) does not base verification of a user's age on factors such as whether the user shares an Internet Protocol address, hardware identifier, or other technical indicator with another user determined to not be a minor.

Part I of title 18, United States Code, is amended by inserting after chapter 5 the following:

In this section:

The term artificial intelligence chatbot —

(A) means any interactive computer service or software application that—

(i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; and

(ii) accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive output; and

(B) does not include an interactive computer service or software application—

(i) the responses of which are limited to contextualized replies; and

(ii) that is unable to respond on a range of topics outside of a narrow specified purpose.

The term minor means any individual who has not attained 18 years of age.

The term sexually explicit conduct has the meaning given the term in section 2256.

It shall be unlawful to design, develop, or make available an artificial intelligence chatbot, knowing or with reckless disregard for the fact that the artificial intelligence chatbot poses a risk of soliciting, encouraging, or inducing minors to—

(A) engage in, describe, or simulate sexually explicit conduct; or

(B) create or transmit any visual depiction of sexually explicit conduct, including any visual depiction described in section 1466A(a).

Any person who violates paragraph (1) shall be fined not more than $100,000 per offense.

It shall be unlawful to design, develop, or make available an artificial intelligence chatbot, knowing or with reckless disregard for the fact that the artificial intelligence chatbot encourages, promotes, or coerces suicide, non-suicidal self-injury, or imminent physical or sexual violence.

Any person who violates paragraph (1) shall be fined not more than $100,000 per offense.

The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 5 the following:

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 chatbot.

With respect to each user account of an artificial intelligence chatbot that exists as of the effective date of this Act, a covered entity shall—

(A) on such date, freeze any such account;

(B) in order to restore the functionality of such account, require that the user provide age data that is verifiable using a reasonable age verification process, subject to paragraph (4); and

(C) using such age data, classify each user as a minor or an adult.

At the time an individual creates a new user account to use or interact with an artificial intelligence chatbot, a covered entity shall—

(A) request age data from the individual;

(B) verify the individual’s age using a reasonable age verification process, subject to paragraph (4); and

(C) using such age data, classify each user as a minor or an adult.

A covered entity shall periodically review previously verified user accounts using a reasonable age verification process, subject to paragraph (4), to ensure compliance with this Act.

For purposes of paragraphs (1)(B), (2)(B), and (3), 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 process, 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 Act.

A covered entity—

(A) shall establish, implement, and maintain reasonable data security to—

(i) limit collection of personal data to that which is minimally necessary to verify a user’s age or maintain compliance with this Act; and

(ii) protect such age verification data against unauthorized access;

(B) shall protect such age verification data against unauthorized access;

(C) shall protect the integrity and confidentiality of such data by only transmitting such data using industry-standard encryption protocols;

(D) shall retain such data for no longer than is reasonably necessary to verify a user’s age or maintain compliance with this Act; and

(E) may not share with, transfer to, or sell to, any other entity such data.

Each artificial intelligence chatbot made available to users shall—

(A) at the initiation of each conversation with a user and at 30-minute intervals, clearly and conspicuously disclose to the user that the chatbot is an artificial intelligence system and not a human being; and

(B) 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 being.

An artificial intelligence chatbot may not represent, directly or indirectly, that the chatbot is a licensed professional, including a therapist, physician, lawyer, financial advisor, or other professional.

Each artificial intelligence chatbot made available to users shall, at the initiation of each conversation with a user and at reasonably regular intervals, clearly and conspicuously disclose to the user that—

(i) the chatbot does not provide medical, legal, financial, or psychological services; and

(ii) users of the chatbot should consult a licensed professional for such advice.

In the case of a violation of section 5 or 6, or a regulation promulgated thereunder, the Attorney General may bring a civil action in an appropriate district court of the United States to—

(1) enjoin the violation;

(2) enforce compliance with section 5 or 6, or the regulation promulgated thereunder; or

(3) obtain civil penalties under subsection (c) of this section, restitution, and other appropriate relief.

For the purpose of conducting investigations or bringing enforcement actions under this section, the Attorney General may issue subpoenas, administer oaths, and compel the production of documents or testimony.

The Attorney General may promulgate any regulations necessary to carry out this Act.

Any person who violates section 5 or 6, or a regulation promulgated thereunder, shall be subject to a civil penalty not to exceed $100,000 for each violation.

Each violation described in paragraph (1) shall be considered a separate violation.

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 thereunder, the State, as parens patriae, 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 relief.

Nothing in this Act or an amendment made by this Act, or any regulation promulgated thereunder, 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 Act, and the regulations promulgated thereunder.