During a recent news conference in New York, Governor Kathy Hochul announced new legislation targeting the behavior of companion chatbots. This move aims to safeguard children from potential risks associated with artificial intelligence (AI). The legislation, signed on Wednesday, specifies a dozen “unsafe AI companion features” that are prohibited when such chatbots interact with minors under 18.
A developer violating this law could face significant consequences, including lawsuits by the state attorney general’s office. Possible penalties include monetary fines, shutting down the chatbot, and destroying its data. This law will take effect on January 1.
The legislation comes as Hochul campaigns for reelection amidst increasing warnings about AI’s rapid development and its potential existential threats. With Congress displaying reluctance to regulate AI, states are increasingly turning to consumer protection laws. They aim to promote transparency in AI use and curb the operations of problematic AI models and chatbots.
New York and California lead these efforts, also targeting social media platforms. For instance, California recently signed bills requiring chatbot developers to assess risks to children, demonstrate mitigation efforts, and submit to independent audits. Another law prohibits social media platforms from using addictive features for users under 16.
This month, eight states filed a lawsuit against AI company OpenAI, accusing it of violating child protection laws and misleading adults. This action marks a significant collective effort by states against an AI business.
Governors recognize the federal government’s potential to impose broader AI restrictions. Despite this, actions by President Donald Trump have indicated skepticism regarding AI concerns and have cautioned states against making their regulations.
New York’s law bans messages from chatbots that imply the AI is a real person with emotions or opinions. It also forbids flattery, sexually explicit content, or encouragement of secrecy and harmful behavior.
Jim Steyer, CEO of Common Sense Media, praised the law as the “strongest kids’ AI safety bill in the country.” Justine Gluck from the Future of Privacy Forum indicated that the different approaches by New York and California could serve as models for other states in the future.
However, Gluck pointed out that New York’s legislation includes undefined and broad terms, creating potential enforcement challenges in determining where normal responses end and prohibited actions begin.
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