SAFE BOTs Act

The SAFE BOTs Act requires chatbot providers to disclose to minor users that chatbots are artificial intelligence systems, not natural persons, and do not provide advice from licensed professionals, and to provide crisis hotline resources. It also mandates policies for breaks after three hours of continuous use and to address harmful content. The bill includes enforcement by the Federal Trade Commission and state attorneys general, and requires a study on chatbots and minor mental health.

Sec. 2, Requirements for chatbots used by minors: Chatbot providers cannot state to a covered user (a minor under 17, known or willfully disregarded) that the chatbot is a licensed professional unless true. They must clearly and age-appropriately disclose at the first interaction and when asked that the chatbot is an AI system, not a person, and provide suicide crisis hotline resources when the user mentions suicide or suicidal ideation. Providers must establish policies to advise users to take a break after three continuous hours of interaction and to address sexual material harmful to minors, gambling, and illegal drugs, tobacco, or alcohol. These requirements take effect one year after enactment.

Sec. 2(e), Enforcement by Federal Trade Commission: Violations are treated as unfair or deceptive acts under the FTC Act, enforced by the FTC with the same powers and penalties.

Sec. 2(f), Actions by States: State attorneys general may bring civil actions for violations to enjoin practices, enforce compliance, or obtain damages, after notifying the FTC. The FTC may intervene, and states cannot sue while a federal action is pending against the same defendant for the same violation.

Sec. 2(g), Study on Chatbots and Mental Health of Minors: The Secretary of Health and Human Services, through the NIH Director, must conduct a four-year longitudinal study on chatbot risks and benefits for minor mental health, including loneliness, anxiety, social skills, isolation, depression, self-harm, and suicidal ideation, consulting experts and reporting to Congress within four years.

Sec. 2(h), Relationship to State Laws: No state or local law may cover the same matters as subsections (a), (b), or (c).

Sec. 2(i), Rule of Construction: The Act does not require chatbot providers to collect age information they do not already collect in normal business.

Sec. 2(k), Definitions: Defines key terms including "artificial intelligence" (as in the National AI Initiative Act), "chatbot" (an AI system for interactive natural-language communication), "chatbot provider" (a person providing a chatbot directly to consumers, excluding incidental chat functions), "covered user" (a minor user known or willfully disregarded), "minor" (under 17), and "sexual material harmful to minors" (visual depictions appealing to prurient interest in minors, patently offensive, lacking value, or child pornography).