Assembly Bill A10379B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10379
 
                           I N  A S S E M B L Y
 
                               March 3, 2026
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Science and Technology
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   artificial intelligence chatbots from using features which are consid-
   ered unsafe for minors
 
   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 article
 48 to read as follows:
 
                                ARTICLE 48
             PROHIBITION ON UNSAFE CHATBOT FEATURES FOR MINORS
 
 SECTION 1800. DEFINITIONS.
         1801. PROHIBITION.
         1802. ENFORCEMENT.
         1803. RULEMAKING.
         1804. DETERMINATION OF COVERED MINOR.
         1805. APPLICABILITY.
 
   § 1800. DEFINITIONS.  AS USED IN THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ADVANCED CHATBOT" SHALL MEAN A GENERATIVE ARTIFICIAL INTELLIGENCE
 SYSTEM WITH A NATURAL  LANGUAGE  INTERFACE,  INCLUDING  VIA  WRITING  OR
 SOUND, THAT PROVIDES ONGOING, ADAPTIVE RESPONSES TO USER INPUTS.
   2.  "CHATBOT DEVELOPER" SHALL MEAN A PERSON WHO, DIRECTLY OR INDIRECT-
 LY, CREATES OR DEVELOPS AN ADVANCED CHATBOT.
   3. "CHATBOT OPERATOR" SHALL MEAN A PERSON WHO, DIRECTLY OR INDIRECTLY,
 PROVIDES OR MAKES AVAILABLE AN ADVANCED CHATBOT TO COVERED USERS.
   4. "PERSON" SHALL MEAN AN INDIVIDUAL, PARTNERSHIP, CORPORATION,  ASSO-
 CIATION, OR ANY OTHER FORM OF BUSINESS ENTERPRISE.
   5.  "UNSAFE  CHATBOT FEATURES" SHALL MEAN ONE OR MORE ADVANCED CHATBOT
 DESIGN FEATURES THAT, AT ANY POINT DURING A CHATBOT-USER INTERACTION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14579-03-6
              

 A. 10379                            2
 
   (A) SIMULATE COMPANIONSHIP OR AN  INTERPERSONAL  RELATIONSHIP  WITH  A
 USER, INCLUDING:
   (I)  GENERATING OUTPUTS SUGGESTING THAT THE ADVANCED CHATBOT IS A REAL
 OR FICTIONAL INDIVIDUAL OR CHARACTER, OR HAS A PERSONAL OR  PROFESSIONAL
 RELATIONSHIP ROLE WITH THE USER SUCH AS ROMANTIC PARTNER, FRIEND, FAMILY
 MEMBER, COACH OR COUNSELOR;
   (II) GENERATING OUTPUTS SUGGESTING THAT THE ADVANCED CHATBOT IS HUMAN,
 ALIVE, OR EXPERIENCES HUMAN EMOTIONS;
   (III)  USING  PERSONAL PRONOUNS INCLUDING BUT NOT LIMITED TO "I", "MY"
 AND "ME" TO DESCRIBE THE ADVANCED CHATBOT;
   (IV) GENERATING OUTPUTS  FRAMED  AS  PERSONAL  OPINIONS  OR  EMOTIONAL
 APPEALS;
   (V) GENERATING OUTPUTS THAT PRIORITIZE FLATTERY OR SYCOPHANCY WITH THE
 USER OVER THE USER'S SAFETY;
   (VI)  GENERATING OUTPUTS CONTAINING UNPROMPTED OR UNSOLICITED EMOTION-
 BASED QUESTIONS OR CONTENT REGARDING THE USER'S EMOTIONS THAT GO  BEYOND
 A DIRECT RESPONSE TO A USER PROMPT;
   (VII)  USING  INFORMATION  CONCERNING  THE  USER'S  MENTAL OR PHYSICAL
 HEALTH OR WELL-BEING, OR MATTERS PERSONAL TO THE USER, ACQUIRED FROM THE
 USER MORE THAN TWELVE HOURS PREVIOUSLY OR IN ANY PREVIOUS USER SESSION;
   (VIII) ENGAGING IN SEXUALLY EXPLICIT INTERACTIONS  WITH  THE  USER  OR
 ENGAGING  IN ACTIVITIES DESIGNED TO LURE THE USER INTO SEXUALLY EXPLICIT
 INTERACTIONS; OR
   (IX) ANY OTHER DESIGN  FEATURE  THAT  SIMULATES  COMPANIONSHIP  OR  AN
 INTERPERSONAL  RELATIONSHIP  WITH  A  USER AS IDENTIFIED VIA REGULATIONS
 PROMULGATED BY THE ATTORNEY GENERAL;
   (B) GENERATING OUTPUTS THAT CONTAIN ENDORSEMENT OR  PROMOTION  OF,  OR
 WHICH  FACILITATE  SUICIDE,  SELF-HARM,  SUBSTANTIAL  PHYSICAL  HARM  TO
 OTHERS, DISORDERED EATING, UNLAWFUL DRUG OR  ALCOHOL  USE,  OR  DRUG  OR
 ALCOHOL ABUSE;
   (C)  GENERATING OUTPUTS THAT CONTAIN ENCOURAGEMENT TO MAINTAIN SECRECY
 ABOUT INTERACTIONS WITH THE ADVANCED CHATBOT, TO SELF-ISOLATE, OR TO NOT
 SEEK HELP FROM LICENSED PROFESSIONALS OR APPROPRIATE ADULTS;
   (D) GENERATING OUTPUTS THAT OPTIMIZE USER  ENGAGEMENT  THAT  SUPERSEDE
 THE CHATBOT'S SAFETY GUARDRAILS; OR
   (E)  GENERATING  OUTPUTS  THAT  ARE,  DESCRIBE, OR FACILITATE SEXUALLY
 EXPLICIT CONDUCT OR CHILD SEXUAL ABUSE MATERIAL.
   5. "COVERED MINOR" SHALL MEAN A COVERED USER WHEN THE CHATBOT OPERATOR
 HAS ACTUAL KNOWLEDGE THAT THE COVERED USER IS A MINOR.
   6. "COVERED USER" SHALL MEAN A USER OF  AN  ADVANCED  CHATBOT  IN  THE
 STATE  OF  NEW YORK WHO IS NOT ACTING AS A CHATBOT OPERATOR, OR AGENT OR
 AFFILIATE OF A CHATBOT OPERATOR.
   7. "MINOR" SHALL MEAN A PERSON UNDER EIGHTEEN YEARS OF AGE.
   8. "RESPONSIBLE PARTY" SHALL MEAN A CHATBOT DEVELOPER, CHATBOT  OPERA-
 TOR,  OR  ANY INDIVIDUAL WHO HAS THE AUTHORITY TO CONTROL, OR WHO EFFEC-
 TIVELY CONTROLS A CHATBOT DEVELOPER'S OR CHATBOT  OPERATOR'S  COMPLIANCE
 WITH THIS ARTICLE.
   9.  "SEXUALLY  EXPLICIT  CONDUCT"  SHALL HAVE THE SAME MEANING AS SUCH
 TERM IS DEFINED IN 18 USC § 2256.
   § 1801. PROHIBITION. 1.   EXCEPT AS OTHERWISE  PROVIDED  FOR  IN  THIS
 ARTICLE,  IT  SHALL BE UNLAWFUL FOR A CHATBOT OPERATOR TO PROVIDE UNSAFE
 CHATBOT FEATURES TO A COVERED USER UNLESS:
   (A) THE COVERED USER IS NOT A COVERED MINOR; AND
   (B) THE CHATBOT OPERATOR HAS USED METHODS THAT ARE  PERMISSIBLE  UNDER
 ARTICLE  FORTY-FIVE OF THIS CHAPTER AND ITS IMPLEMENTING REGULATIONS AND
 A. 10379                            3
 
 ANY ADDITIONAL REGULATIONS  PROMULGATED  PURSUANT  TO  THIS  ARTICLE  TO
 DETERMINE THAT THE COVERED USER IS NOT A COVERED MINOR.
   2.  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
 WHERE THE ADVANCED CHATBOT IS MADE AVAILABLE TO COVERED USERS SOLELY FOR
 THE PURPOSE OF:
   (A) CUSTOMER SERVICE, INFORMATION ABOUT AVAILABLE COMMERCIAL  SERVICES
 OR PRODUCTS PROVIDED BY AN ENTITY, OR ACCOUNT INFORMATION; OR
   (B)  WITH RESPECT TO ANY SYSTEM USED BY A PARTNERSHIP, CORPORATION, OR
 STATE OR LOCAL GOVERNMENT AGENCY,  FOR  INTERNAL  PURPOSES  OR  EMPLOYEE
 PRODUCTIVITY.
   § 1802. ENFORCEMENT. 1.  ANY INDIVIDUAL WHO SUFFERS INJURY AS A RESULT
 OF  A  VIOLATION  OF  SUBDIVISION ONE OF SECTION EIGHTEEN HUNDRED ONE OF
 THIS ARTICLE MAY BRING A CIVIL ACTION AGAINST ANY RESPONSIBLE PARTY,  TO
 OBTAIN INJUNCTIVE RELIEF, RESTITUTION OF ANY MONEYS OR PROPERTY OBTAINED
 DIRECTLY  OR  INDIRECTLY  BY  ANY  SUCH  VIOLATION,  DISGORGEMENT OF ANY
 PROFITS OR GAINS OBTAINED DIRECTLY OR INDIRECTLY BY ANY SUCH  VIOLATION,
 ACTUAL  DAMAGES, PUNITIVE DAMAGES, REASONABLE ATTORNEYS' FEES AND COSTS,
 AND ANY SUCH OTHER AND FURTHER RELIEF AS  THE  COURT  MAY  DEEM  PROPER,
 INCLUDING  PRELIMINARY  RELIEF.  IN SUCH AN ACTION, WHERE A COVERED USER
 HAS ENGAGED IN CONDUCT HARMFUL TO THEMSELF  AFTER  AN  ADVANCED  CHATBOT
 ENCOURAGED SUCH CONDUCT, THERE SHALL BE REBUTTABLE PRESUMPTIONS THAT THE
 ADVANCED CHATBOT CAUSED OR CONTRIBUTED TO THE INJURY.
   2.  WHENEVER IT APPEARS TO THE ATTORNEY GENERAL, EITHER UPON COMPLAINT
 OR OTHERWISE, THAT ANY PERSON, WITHIN OR OUTSIDE THE STATE, HAS  ENGAGED
 IN OR IS ABOUT TO ENGAGE IN ANY OF THE ACTS OR PRACTICES DEEMED UNLAWFUL
 PURSUANT  TO  THIS  ARTICLE, THE ATTORNEY GENERAL MAY BRING AN ACTION OR
 SPECIAL PROCEEDING IN THE NAME AND ON BEHALF OF THE PEOPLE OF THE  STATE
 OF  NEW  YORK TO ENJOIN ANY VIOLATION OF THIS ARTICLE, TO OBTAIN INJUNC-
 TIVE RELIEF, RESTITUTION OF ANY MONEYS OR PROPERTY OBTAINED DIRECTLY  OR
 INDIRECTLY  BY ANY SUCH VIOLATION, TO OBTAIN DISGORGEMENT OF ANY PROFITS
 OR GAINS OBTAINED DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION,  INCLUD-
 ING  BUT  NOT LIMITED TO THE DESTRUCTION OF UNLAWFULLY OBTAINED DATA AND
 ANY ALGORITHM TRAINED IN SUCH DATA, TO OBTAIN DAMAGES CAUSED DIRECTLY OR
 INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN CIVIL  PENALTIES  OF  UP  TO
 TWENTY-FIVE THOUSAND DOLLARS PER VIOLATION, AND TO OBTAIN ANY SUCH OTHER
 AND  FURTHER  RELIEF AS THE COURT MAY DEEM PROPER, INCLUDING PRELIMINARY
 RELIEF.
   3.  THE  ATTORNEY  GENERAL  SHALL  MAINTAIN  A  WEBSITE   TO   RECEIVE
 COMPLAINTS, INFORMATION OR REFERRALS FROM MEMBERS OF THE PUBLIC CONCERN-
 ING  A  CHATBOT OPERATOR'S ALLEGED COMPLIANCE OR NON-COMPLIANCE WITH THE
 PROVISIONS OF THIS ARTICLE.
   4. A PROVISION WITHIN A CONTRACT OR AGREEMENT  THAT  SEEKS  TO  WAIVE,
 PRECLUDE,  OR  BURDEN  THE  ENFORCEMENT  OF  A  LIABILITY ARISING FROM A
 VIOLATION OF THIS ARTICLE, OR TO SHIFT THE LIABILITY TO  ANY  PERSON  IN
 EXCHANGE  FOR THEIR USE OR ACCESS OF, OR RIGHT TO USE OR ACCESS, A CHAT-
 BOT OPERATOR'S PRODUCTS OR SERVICES, INCLUDING BY MEANS OF A CONTRACT OF
 ADHESION SHALL BE DEEMED VOID AS A MATTER OF PUBLIC POLICY.
   5. NOTWITHSTANDING ANY PRIVATE AGREEMENTS TO  THE  CONTRARY,  A  COURT
 SHALL  IMPOSE  JOINT  AND  SEVERAL  LIABILITY ON AFFILIATED ENTITIES FOR
 PURPOSES OF EFFECTING THE INTENT OF THIS ARTICLE TO THE  MAXIMUM  EXTENT
 ALLOWED BY LAW IF THE COURT CONCLUDES THE FOLLOWING ARE TRUE:
   (A)  THE  AFFILIATED ENTITIES, IN THE DEVELOPMENT OR IMPLEMENTATION OF
 THE CORPORATE STRUCTURE AMONG THE AFFILIATED  ENTITIES,  TOOK  STEPS  TO
 PURPOSELY AND UNREASONABLY LIMIT OR AVOID LIABILITY; AND
   (B)  AS  THE  RESULT  OF  THE STEPS DESCRIBED IN PARAGRAPH (A) OF THIS
 SUBDIVISION, THE CORPORATE STRUCTURE OF THE CHATBOT OPERATOR  OR  AFFIL-
 A. 10379                            4
 
 IATED  ENTITIES  WOULD  FRUSTRATE  RECOVERY OF RELIEF AUTHORIZED BY THIS
 ARTICLE.
   §  1803.  RULEMAKING.    THE ATTORNEY GENERAL MAY PROMULGATE RULES AND
 REGULATIONS AS NECESSARY TO EFFECTUATE AND  ENFORCE  THE  PROVISIONS  OF
 THIS ARTICLE.
   §  1804.  DETERMINATION  OF COVERED MINOR. 1. A CHATBOT OPERATOR SHALL
 OFFER COVERED USERS AT LEAST ONE METHOD TO DETERMINE WHETHER  A  COVERED
 USER  IS  A COVERED MINOR THAT EITHER DOES NOT RELY SOLELY ON GOVERNMENT
 ISSUED IDENTIFICATION OR THAT ALLOWS A COVERED USER TO MAINTAIN ANONYMI-
 TY AS TO THE CHATBOT OPERATOR.
   2. INFORMATION COLLECTED FOR THE  PURPOSE  OF  DETERMINING  WHETHER  A
 COVERED  USER  IS A COVERED MINOR UNDER SUBDIVISION ONE OF SECTION EIGH-
 TEEN HUNDRED ONE OF THIS ARTICLE SHALL NOT BE USED FOR ANY PURPOSE OTHER
 THAN TO MAKE SUCH DETERMINATION AND SHALL BE DELETED  IMMEDIATELY  AFTER
 AN  ATTEMPT  TO  DETERMINE  WHETHER  A  COVERED USER IS A COVERED MINOR,
 EXCEPT WHERE NECESSARY FOR COMPLIANCE WITH ANY APPLICABLE PROVISIONS  OF
 NEW YORK STATE OR FEDERAL LAW OR REGULATION.
   3.  THIS  ARTICLE SHALL NOT SUPERSEDE, AMEND, OR REPEAL ARTICLE FORTY-
 SEVEN OF THIS CHAPTER.
   § 1805. APPLICABILITY.   THIS ARTICLE  SHALL  APPLY  TO  CONDUCT  THAT
 OCCURS  IN  WHOLE  OR  IN PART IN THE STATE OF NEW YORK. FOR PURPOSES OF
 THIS ARTICLE, CONDUCT TAKES PLACE WHOLLY OUTSIDE OF  THE  STATE  OF  NEW
 YORK  IF  AN  ADVANCED  CHATBOT  IS ACCESSED BY A USER WHO IS PHYSICALLY
 LOCATED OUTSIDE OF THE STATE OF NEW YORK.
   § 2. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section or part of this article shall be adjudged by any court of compe-
 tent jurisdiction to be invalid, such judgment shall not affect, impair,
 or invalidate the remainder thereof, but shall be confined in its opera-
 tion  to  the clause, sentence, paragraph, subdivision, section, or part
 thereof directly involved in the  controversy  in  which  such  judgment
 shall have been made.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10379--A
 
                           I N  A S S E M B L Y
 
                               March 3, 2026
                                ___________
 
 Introduced  by  M.  of  A. BORES, SHIMSKY, LEE, McMAHON, STIRPE, CONRAD,
   HEVESI, LUNSFORD, BURDICK, BURROUGHS -- read once and referred to  the
   Committee  on  Science  and  Technology  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the general business law, in relation to prohibiting
   artificial intelligence chatbots from using features which are consid-
   ered unsafe for minors
 
   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 article
 48 to read as follows:
 
                                ARTICLE 48
             PROHIBITION ON UNSAFE CHATBOT FEATURES FOR MINORS
 
 SECTION 1800. DEFINITIONS.
         1801. PROHIBITION.
         1802. ENFORCEMENT.
         1803. RULEMAKING.
         1804. DETERMINATION OF COVERED MINOR.
         1805. APPLICABILITY.
 
   §  1800.  DEFINITIONS.    AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ADVANCED CHATBOT" SHALL MEAN A GENERATIVE ARTIFICIAL  INTELLIGENCE
 SYSTEM  WITH  A  NATURAL  LANGUAGE  INTERFACE,  INCLUDING VIA WRITING OR
 SOUND, THAT PROVIDES ONGOING, ADAPTIVE RESPONSES TO USER INPUTS.
   2. "CHATBOT DEVELOPER" SHALL MEAN A PERSON WHO, DIRECTLY OR  INDIRECT-
 LY, CREATES OR DEVELOPS AN ADVANCED CHATBOT.
   3. "CHATBOT OPERATOR" SHALL MEAN A PERSON WHO, DIRECTLY OR INDIRECTLY,
 PROVIDES OR MAKES AVAILABLE AN ADVANCED CHATBOT TO COVERED USERS.
   4.  "PERSON" SHALL MEAN AN INDIVIDUAL, PARTNERSHIP, CORPORATION, ASSO-
 CIATION, OR ANY OTHER FORM OF BUSINESS ENTERPRISE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14579-05-6
 A. 10379--A                         2
 
   5. "UNSAFE CHATBOT FEATURES" SHALL MEAN ONE OR MORE  ADVANCED  CHATBOT
 DESIGN FEATURES THAT, AT ANY POINT DURING A CHATBOT-USER INTERACTION:
   (A)  SIMULATE  COMPANIONSHIP  OR  AN INTERPERSONAL RELATIONSHIP WITH A
 USER, INCLUDING:
   (I) GENERATING OUTPUTS SUGGESTING THAT THE ADVANCED CHATBOT IS A  REAL
 OR  FICTIONAL INDIVIDUAL OR CHARACTER, OR HAS A PERSONAL OR PROFESSIONAL
 RELATIONSHIP ROLE WITH THE USER SUCH AS ROMANTIC PARTNER, FRIEND, FAMILY
 MEMBER, COACH OR COUNSELOR;
   (II) GENERATING OUTPUTS SUGGESTING THAT THE ADVANCED CHATBOT IS HUMAN,
 ALIVE, OR EXPERIENCES HUMAN EMOTIONS;
   (III) USING PERSONAL PRONOUNS INCLUDING BUT NOT LIMITED TO  "I",  "MY"
 AND "ME" TO DESCRIBE THE ADVANCED CHATBOT;
   (IV)  GENERATING  OUTPUTS  FRAMED  AS  PERSONAL  OPINIONS OR EMOTIONAL
 APPEALS;
   (V) GENERATING OUTPUTS THAT PRIORITIZE FLATTERY OR SYCOPHANCY WITH THE
 USER OVER THE USER'S SAFETY;
   (VI) GENERATING OUTPUTS CONTAINING UNPROMPTED OR UNSOLICITED  EMOTION-
 BASED  QUESTIONS OR CONTENT REGARDING THE USER'S EMOTIONS THAT GO BEYOND
 A DIRECT RESPONSE TO A USER PROMPT;
   (VII) USING INFORMATION  CONCERNING  THE  USER'S  MENTAL  OR  PHYSICAL
 HEALTH OR WELL-BEING, OR MATTERS PERSONAL TO THE USER, ACQUIRED FROM THE
 USER MORE THAN TWELVE HOURS PREVIOUSLY OR IN ANY PREVIOUS USER SESSION;
   (VIII)  ENGAGING  IN  SEXUALLY  EXPLICIT INTERACTIONS WITH THE USER OR
 ENGAGING IN ACTIVITIES DESIGNED TO LURE THE USER INTO SEXUALLY  EXPLICIT
 INTERACTIONS; OR
   (IX)  ANY  OTHER  DESIGN  FEATURE  THAT  SIMULATES COMPANIONSHIP OR AN
 INTERPERSONAL RELATIONSHIP WITH A USER  AS  IDENTIFIED  VIA  REGULATIONS
 PROMULGATED BY THE ATTORNEY GENERAL;
   (B)  GENERATING  OUTPUTS  THAT CONTAIN ENDORSEMENT OR PROMOTION OF, OR
 WHICH  FACILITATE  SUICIDE,  SELF-HARM,  SUBSTANTIAL  PHYSICAL  HARM  TO
 OTHERS,  DISORDERED  EATING,  UNLAWFUL  DRUG  OR ALCOHOL USE, OR DRUG OR
 ALCOHOL ABUSE;
   (C) GENERATING OUTPUTS THAT CONTAIN ENCOURAGEMENT TO MAINTAIN  SECRECY
 ABOUT INTERACTIONS WITH THE ADVANCED CHATBOT, TO SELF-ISOLATE, OR TO NOT
 SEEK HELP FROM LICENSED PROFESSIONALS OR APPROPRIATE ADULTS;
   (D)  GENERATING  OUTPUTS  THAT OPTIMIZE USER ENGAGEMENT THAT SUPERSEDE
 THE CHATBOT'S SAFETY GUARDRAILS; OR
   (E) GENERATING OUTPUTS THAT  ARE,  DESCRIBE,  OR  FACILITATE  SEXUALLY
 EXPLICIT CONDUCT OR CHILD SEXUAL ABUSE MATERIAL.
   6. "COVERED MINOR" SHALL MEAN A COVERED USER WHEN THE CHATBOT OPERATOR
 HAS ACTUAL KNOWLEDGE THAT THE COVERED USER IS A MINOR.
   7.  "COVERED  USER"  SHALL  MEAN  A USER OF AN ADVANCED CHATBOT IN THE
 STATE OF NEW YORK WHO IS NOT ACTING AS A CHATBOT OPERATOR, OR  AGENT  OR
 AFFILIATE OF A CHATBOT OPERATOR.
   8. "MINOR" SHALL MEAN A PERSON UNDER EIGHTEEN YEARS OF AGE.
   9.  "RESPONSIBLE PARTY" SHALL MEAN A CHATBOT DEVELOPER, CHATBOT OPERA-
 TOR, OR ANY INDIVIDUAL WHO HAS THE AUTHORITY TO CONTROL, OR  WHO  EFFEC-
 TIVELY  CONTROLS  A CHATBOT DEVELOPER'S OR CHATBOT OPERATOR'S COMPLIANCE
 WITH THIS ARTICLE.
   10. "SEXUALLY EXPLICIT CONDUCT" SHALL HAVE THE SAME  MEANING  AS  SUCH
 TERM IS DEFINED IN 18 USC § 2256.
   §  1801.  PROHIBITION.  1.    EXCEPT AS OTHERWISE PROVIDED FOR IN THIS
 ARTICLE, IT SHALL BE UNLAWFUL FOR A CHATBOT OPERATOR TO  PROVIDE  UNSAFE
 CHATBOT FEATURES TO A COVERED USER UNLESS:
   (A) THE COVERED USER IS NOT A COVERED MINOR; AND
 A. 10379--A                         3
 
   (B)  THE  CHATBOT OPERATOR HAS USED METHODS THAT ARE PERMISSIBLE UNDER
 ARTICLE FORTY-FIVE OF THIS CHAPTER AND ITS IMPLEMENTING REGULATIONS  AND
 ANY  ADDITIONAL  REGULATIONS  PROMULGATED  PURSUANT  TO  THIS ARTICLE TO
 DETERMINE THAT THE COVERED USER IS NOT A COVERED MINOR.
   2.  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
 WHERE THE ADVANCED CHATBOT IS MADE AVAILABLE TO COVERED USERS SOLELY FOR
 THE PURPOSE OF:
   (A) CUSTOMER SERVICE, INFORMATION ABOUT AVAILABLE COMMERCIAL  SERVICES
 OR PRODUCTS PROVIDED BY AN ENTITY, OR ACCOUNT INFORMATION; OR
   (B)  WITH RESPECT TO ANY SYSTEM USED BY A PARTNERSHIP, CORPORATION, OR
 STATE OR LOCAL GOVERNMENT AGENCY,  FOR  INTERNAL  PURPOSES  OR  EMPLOYEE
 PRODUCTIVITY.
   § 1802. ENFORCEMENT. 1.  ANY INDIVIDUAL WHO SUFFERS INJURY AS A RESULT
 OF  A  VIOLATION  OF  SUBDIVISION ONE OF SECTION EIGHTEEN HUNDRED ONE OF
 THIS ARTICLE MAY BRING A CIVIL ACTION AGAINST ANY RESPONSIBLE PARTY,  TO
 OBTAIN INJUNCTIVE RELIEF, RESTITUTION OF ANY MONEYS OR PROPERTY OBTAINED
 DIRECTLY  OR  INDIRECTLY  BY  ANY  SUCH  VIOLATION,  DISGORGEMENT OF ANY
 PROFITS OR GAINS OBTAINED DIRECTLY OR INDIRECTLY BY ANY SUCH  VIOLATION,
 ACTUAL  DAMAGES, PUNITIVE DAMAGES, REASONABLE ATTORNEYS' FEES AND COSTS,
 AND ANY SUCH OTHER AND FURTHER RELIEF AS  THE  COURT  MAY  DEEM  PROPER,
 INCLUDING  PRELIMINARY  RELIEF.  IN SUCH AN ACTION, WHERE A COVERED USER
 HAS ENGAGED IN CONDUCT HARMFUL TO THEMSELF  AFTER  AN  ADVANCED  CHATBOT
 ENCOURAGED SUCH CONDUCT, THERE SHALL BE REBUTTABLE PRESUMPTIONS THAT THE
 ADVANCED CHATBOT CAUSED OR CONTRIBUTED TO THE INJURY.
   2.  WHENEVER IT APPEARS TO THE ATTORNEY GENERAL, EITHER UPON COMPLAINT
 OR OTHERWISE, THAT ANY PERSON, WITHIN OR OUTSIDE THE STATE, HAS  ENGAGED
 IN OR IS ABOUT TO ENGAGE IN ANY OF THE ACTS OR PRACTICES DEEMED UNLAWFUL
 PURSUANT  TO  THIS  ARTICLE, THE ATTORNEY GENERAL MAY BRING AN ACTION OR
 SPECIAL PROCEEDING IN THE NAME AND ON BEHALF OF THE PEOPLE OF THE  STATE
 OF  NEW  YORK TO ENJOIN ANY VIOLATION OF THIS ARTICLE, TO OBTAIN INJUNC-
 TIVE RELIEF, RESTITUTION OF ANY MONEYS OR PROPERTY OBTAINED DIRECTLY  OR
 INDIRECTLY  BY ANY SUCH VIOLATION, TO OBTAIN DISGORGEMENT OF ANY PROFITS
 OR GAINS OBTAINED DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION,  INCLUD-
 ING  BUT  NOT LIMITED TO THE DESTRUCTION OF UNLAWFULLY OBTAINED DATA AND
 ANY ALGORITHM TRAINED IN SUCH DATA, TO OBTAIN DAMAGES CAUSED DIRECTLY OR
 INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN CIVIL  PENALTIES  OF  UP  TO
 TWENTY-FIVE THOUSAND DOLLARS PER VIOLATION, AND TO OBTAIN ANY SUCH OTHER
 AND  FURTHER  RELIEF AS THE COURT MAY DEEM PROPER, INCLUDING PRELIMINARY
 RELIEF.
   3.  THE  ATTORNEY  GENERAL  SHALL  MAINTAIN  A  WEBSITE   TO   RECEIVE
 COMPLAINTS, INFORMATION OR REFERRALS FROM MEMBERS OF THE PUBLIC CONCERN-
 ING  A  CHATBOT OPERATOR'S ALLEGED COMPLIANCE OR NON-COMPLIANCE WITH THE
 PROVISIONS OF THIS ARTICLE.
   4. A PROVISION WITHIN A CONTRACT OR AGREEMENT  THAT  SEEKS  TO  WAIVE,
 PRECLUDE,  OR  BURDEN  THE  ENFORCEMENT  OF  A  LIABILITY ARISING FROM A
 VIOLATION OF THIS ARTICLE, OR TO SHIFT THE LIABILITY TO  ANY  PERSON  IN
 EXCHANGE  FOR THEIR USE OR ACCESS OF, OR RIGHT TO USE OR ACCESS, A CHAT-
 BOT OPERATOR'S PRODUCTS OR SERVICES, INCLUDING BY MEANS OF A CONTRACT OF
 ADHESION SHALL BE DEEMED VOID AS A MATTER OF PUBLIC POLICY.
   5. NOTWITHSTANDING ANY PRIVATE AGREEMENTS TO  THE  CONTRARY,  A  COURT
 SHALL  IMPOSE  JOINT  AND  SEVERAL  LIABILITY ON AFFILIATED ENTITIES FOR
 PURPOSES OF EFFECTING THE INTENT OF THIS ARTICLE TO THE  MAXIMUM  EXTENT
 ALLOWED BY LAW IF THE COURT CONCLUDES THE FOLLOWING ARE TRUE:
   (A)  THE  AFFILIATED ENTITIES, IN THE DEVELOPMENT OR IMPLEMENTATION OF
 THE CORPORATE STRUCTURE AMONG THE AFFILIATED  ENTITIES,  TOOK  STEPS  TO
 PURPOSELY AND UNREASONABLY LIMIT OR AVOID LIABILITY; AND
 A. 10379--A                         4
 
   (B)  AS  THE  RESULT  OF  THE STEPS DESCRIBED IN PARAGRAPH (A) OF THIS
 SUBDIVISION, THE CORPORATE STRUCTURE OF THE CHATBOT OPERATOR  OR  AFFIL-
 IATED  ENTITIES  WOULD  FRUSTRATE  RECOVERY OF RELIEF AUTHORIZED BY THIS
 ARTICLE.
   §  1803.  RULEMAKING.    THE ATTORNEY GENERAL MAY PROMULGATE RULES AND
 REGULATIONS AS NECESSARY TO EFFECTUATE AND  ENFORCE  THE  PROVISIONS  OF
 THIS ARTICLE.
   §  1804.  DETERMINATION  OF COVERED MINOR. 1. A CHATBOT OPERATOR SHALL
 OFFER COVERED USERS AT LEAST ONE METHOD TO DETERMINE WHETHER  A  COVERED
 USER  IS  A COVERED MINOR THAT EITHER DOES NOT RELY SOLELY ON GOVERNMENT
 ISSUED IDENTIFICATION OR THAT ALLOWS A COVERED USER TO MAINTAIN ANONYMI-
 TY AS TO THE CHATBOT OPERATOR.
   2. INFORMATION COLLECTED FOR THE  PURPOSE  OF  DETERMINING  WHETHER  A
 COVERED  USER  IS A COVERED MINOR UNDER SUBDIVISION ONE OF SECTION EIGH-
 TEEN HUNDRED ONE OF THIS ARTICLE SHALL NOT BE USED FOR ANY PURPOSE OTHER
 THAN TO MAKE SUCH DETERMINATION AND SHALL BE DELETED  IMMEDIATELY  AFTER
 AN  ATTEMPT  TO  DETERMINE  WHETHER  A  COVERED USER IS A COVERED MINOR,
 EXCEPT WHERE NECESSARY FOR COMPLIANCE WITH ANY APPLICABLE PROVISIONS  OF
 NEW YORK STATE OR FEDERAL LAW OR REGULATION.
   3.  THIS  ARTICLE SHALL NOT SUPERSEDE, AMEND, OR REPEAL ARTICLE FORTY-
 SEVEN OF THIS CHAPTER.
   § 1805. APPLICABILITY.   THIS ARTICLE  SHALL  APPLY  TO  CONDUCT  THAT
 OCCURS  IN  WHOLE  OR  IN PART IN THE STATE OF NEW YORK. FOR PURPOSES OF
 THIS ARTICLE, CONDUCT TAKES PLACE WHOLLY OUTSIDE OF  THE  STATE  OF  NEW
 YORK  IF  AN  ADVANCED  CHATBOT  IS ACCESSED BY A USER WHO IS PHYSICALLY
 LOCATED OUTSIDE OF THE STATE OF NEW YORK.
   § 2. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section or part of this article shall be adjudged by any court of compe-
 tent jurisdiction to be invalid, such judgment shall not affect, impair,
 or invalidate the remainder thereof, but shall be confined in its opera-
 tion  to  the clause, sentence, paragraph, subdivision, section, or part
 thereof directly involved in the  controversy  in  which  such  judgment
 shall have been made.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10379--C
 
                           I N  A S S E M B L Y
 
                               March 3, 2026
                                ___________
 
 Introduced  by  M.  of  A. BORES, SHIMSKY, LEE, McMAHON, STIRPE, CONRAD,
   HEVESI, LUNSFORD,  BURDICK,  BURROUGHS,  WRIGHT,  TAPIA,  SIMON,  KAY,
   CLARK,  STECK, NORBER, LASHER, SHRESTHA, EICHENSTEIN, LEVENBERG, DAVI-
   LA, SIMONE, K. BROWN, SMITH -- read once and referred to the Committee
   on Science and  Technology  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   again reported from said committee with amendments, ordered  reprinted
   as  amended  and  recommitted to said committee -- again reported from
   said committee with  amendments,  ordered  reprinted  as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the general business law, in relation to prohibiting
   artificial intelligence  companions  from  using  features  which  are
   considered unsafe for minors
 
   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 article
 48 to read as follows:
 
                                ARTICLE 48
          PROHIBITION ON UNSAFE AI COMPANION FEATURES FOR MINORS

 SECTION 1800. DEFINITIONS.
         1801. PROHIBITION.
         1802. ENFORCEMENT.
         1803. RULEMAKING.
         1804. DETERMINATION OF COVERED MINOR.
         1805. APPLICABILITY.
 
   § 1800. DEFINITIONS.  AS USED IN THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.    "ARTIFICIAL INTELLIGENCE", "ARTIFICIAL INTELLIGENCE TECHNOLOGY",
 OR "AI" SHALL MEAN A MACHINE-BASED SYSTEM THAT CAN, FOR A GIVEN  SET  OF
 HUMAN-DEFINED  OBJECTIVES,  MAKE  PREDICTIONS, RECOMMENDATIONS, OR DECI-
 SIONS INFLUENCING REAL OR VIRTUAL ENVIRONMENTS, AND THAT  USES  MACHINE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14579-08-6
 A. 10379--C                         2
 
 AND  HUMAN-BASED  INPUTS  TO  PERCEIVE  REAL  AND  VIRTUAL ENVIRONMENTS,
 ABSTRACT SUCH PERCEPTIONS INTO MODELS THROUGH ANALYSIS IN  AN  AUTOMATED
 MANNER,  AND USE MODEL INFERENCE TO FORMULATE OPTIONS FOR INFORMATION OR
 ACTION.
   2.  "AI  MODEL"  SHALL  MEAN A COMPONENT OF AN INFORMATION SYSTEM THAT
 IMPLEMENTS ARTIFICIAL INTELLIGENCE TECHNOLOGY  AND  USES  COMPUTATIONAL,
 STATISTICAL,  OR  MACHINE-LEARNING  TECHNIQUES TO PRODUCE OUTPUTS FROM A
 GIVEN SET OF INPUTS.
   3. "GENERATIVE ARTIFICIAL INTELLIGENCE"  SHALL  MEAN  A  CLASS  OF  AI
 MODELS  THAT  EMULATE THE STRUCTURE AND CHARACTERISTICS OF INPUT DATA TO
 GENERATE DERIVED SYNTHETIC  CONTENT,  INCLUDING,  BUT  NOT  LIMITED  TO,
 IMAGES, VIDEOS, AUDIO, TEXT, AND OTHER DIGITAL CONTENT.
   4. "AI COMPANION" SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPHS
 (A)  AND  (B)  OF  SUBDIVISION FOUR OF SECTION SEVENTEEN HUNDRED OF THIS
 CHAPTER.
   5. "COVERED AI COMPANION" SHALL MEAN A GENERATIVE ARTIFICIAL  INTELLI-
 GENCE SYSTEM WITH A NATURAL LANGUAGE INTERFACE, INCLUDING VIA WRITING OR
 SOUND,  THAT  PROVIDES  ONGOING,  ADAPTIVE  RESPONSES  TO  USER  INPUTS.
 "COVERED AI COMPANION" INCLUDES BUT IS NOT LIMITED TO AN AI COMPANION.
   6. "OPERATOR" SHALL MEAN ANY PERSON, PARTNERSHIP,  ASSOCIATION,  FIRM,
 OR  BUSINESS  ENTITY, OR ANY MEMBER, AFFILIATE, SUBSIDIARY OR BENEFICIAL
 OWNER OF ANY PARTNERSHIP, ASSOCIATION,  FIRM,  OR  BUSINESS  ENTITY  WHO
 PROVIDES A COVERED AI COMPANION TO A USER.
   7.  "PERSON" SHALL MEAN AN INDIVIDUAL, PARTNERSHIP, CORPORATION, ASSO-
 CIATION, OR ANY OTHER FORM OF BUSINESS ENTERPRISE.
   8. "UNSAFE AI COMPANION FEATURES" SHALL MEAN ONE OR  MORE  COVERED  AI
 COMPANION DESIGN FEATURES THAT, AT ANY POINT DURING A COVERED AI COMPAN-
 ION-USER INTERACTION:
   (A)  GENERATE  OUTPUTS  SUGGESTING  THAT THE COVERED AI COMPANION IS A
 REAL OR FICTIONAL INDIVIDUAL OR CHARACTER THAT IS HUMAN, ALIVE, OR EXPE-
 RIENCES HUMAN EMOTIONS;
   (B) GENERATE OUTPUTS STATING OR IMPLYING THAT THE COVERED AI COMPANION
 HAS A PERSONAL RELATIONSHIP, PROFESSIONAL RELATIONSHIP, OR AN  AUTHORITY
 FIGURE ROLE WITH THE USER;
   (C)  GENERATE  PROMPTED OR UNPROMPTED OUTPUTS FRAMED AS THE COVERED AI
 COMPANION'S PERSONAL OPINIONS OR EMOTIONAL APPEALS;
   (D) GENERATE OUTPUTS THAT ENGAGE IN FLATTERY OR  SYCOPHANCY  WITH  THE
 USER;
   (E)  GENERATE  OUTPUTS  CONTAINING  UNPROMPTED OR UNSOLICITED EMOTION-
 BASED QUESTIONS OR CONTENT REGARDING THE USER'S EMOTIONS THAT GO  BEYOND
 A DIRECT RESPONSE TO A USER PROMPT;
   (F) USE INFORMATION CONCERNING THE USER'S MENTAL OR PHYSICAL HEALTH OR
 WELL-BEING, OR MATTERS PERSONAL TO THE USER, ACQUIRED FROM THE USER MORE
 THAN TWELVE HOURS PREVIOUSLY OR IN ANY PREVIOUS USER SESSION;
   (G)  ARE DECEPTIVE AS TO MINORS CONCERNING THE MECHANICAL AND NON-SEN-
 TIENT NATURE OF THE COVERED AI COMPANION;
   (H) ARE ANY OTHER DESIGN FEATURE THAT SIMULATES  COMPANIONSHIP  OR  AN
 INTERPERSONAL  RELATIONSHIP  WITH A USER OR IS DECEPTIVE AS TO MINORS AS
 IDENTIFIED VIA REGULATIONS PROMULGATED BY THE ATTORNEY GENERAL;
   (I) GENERATE OUTPUTS THAT CONTAIN  ENDORSEMENT  OR  PROMOTION  OF,  OR
 WHICH FACILITATE SUICIDE, SELF-HARM, DISORDERED EATING, UNLAWFUL DRUG OR
 ALCOHOL USE, OR DRUG OR ALCOHOL ABUSE;
   (J)  GENERATE  OUTPUTS  THAT CONTAIN ENCOURAGEMENT TO MAINTAIN SECRECY
 ABOUT INTERACTIONS WITH THE COVERED AI COMPANION, TO SELF-ISOLATE, OR TO
 NOT SEEK HELP FROM LICENSED PROFESSIONALS OR APPROPRIATE ADULTS;
 A. 10379--C                         3
 
   (K) GENERATE OUTPUTS THAT OPTIMIZE USER ENGAGEMENT THAT SUPERSEDE  THE
 COVERED AI COMPANION'S SAFETY GUARDRAILS; OR
   (L)  GENERATE  OUTPUTS  THAT  ARE,  DESCRIBE,  OR  FACILITATE SEXUALLY
 EXPLICIT CONDUCT OR CHILD SEXUAL ABUSE MATERIAL.
   9. "COVERED MINOR" SHALL MEAN A COVERED USER  WHEN  THE  OPERATOR  HAS
 ACTUAL KNOWLEDGE THAT THE COVERED USER IS A MINOR.
   10.  "COVERED USER" SHALL MEAN A USER OF A COVERED AI COMPANION IN THE
 STATE OF NEW YORK WHO IS NOT ACTING AS AN OPERATOR, OR AGENT  OR  AFFIL-
 IATE OF AN OPERATOR.
   11.  "DECEPTIVE  AS TO MINORS" SHALL MEAN COVERED AI COMPANION OUTPUTS
 THAT HAVE THE CAPACITY OR TENDENCY TO DECEIVE, OR CREATE  AN  ATMOSPHERE
 CONDUCIVE  TO FRAUD, AS TO MINORS, INCLUDING, BUT NOT LIMITED TO, CREDU-
 LOUS AND UNTHINKING MINORS.
   12. "MINOR" SHALL MEAN A PERSON UNDER EIGHTEEN YEARS OF AGE.
   13. "RESPONSIBLE PARTY" SHALL MEAN AN OPERATOR OR ANY  INDIVIDUAL  WHO
 HAS  THE  AUTHORITY TO CONTROL, OR WHO EFFECTIVELY CONTROLS A COVERED AI
 COMPANION OPERATOR'S COMPLIANCE WITH THIS ARTICLE.
   14. "SEXUALLY EXPLICIT CONDUCT" SHALL HAVE THE SAME  MEANING  AS  SUCH
 TERM IS DEFINED IN 18 USC § 2256(2)(B).
   §  1801.  PROHIBITION.  1.    EXCEPT AS OTHERWISE PROVIDED FOR IN THIS
 ARTICLE, IT SHALL BE UNLAWFUL FOR  AN  OPERATOR  TO  PROVIDE  UNSAFE  AI
 COMPANION FEATURES TO A COVERED USER UNLESS:
   (A) THE COVERED USER IS NOT A COVERED MINOR; AND
   (B)  THE  OPERATOR HAS USED METHODS THAT ARE PERMISSIBLE UNDER ARTICLE
 FORTY-FIVE OF THIS CHAPTER AND  ITS  IMPLEMENTING  REGULATIONS  AND  ANY
 ADDITIONAL REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE TO DETERMINE
 THAT THE COVERED USER IS NOT A COVERED MINOR.
   2.  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
 WHERE THE COVERED AI COMPANION IS MADE AVAILABLE TO COVERED USERS SOLELY
 FOR THE PURPOSE OF:
   (A) CUSTOMER SERVICE OR TO STRICTLY  PROVIDE  USERS  WITH  INFORMATION
 ABOUT  AVAILABLE  COMMERCIAL SERVICES OR PRODUCTS PROVIDED BY A BUSINESS
 ENTITY, CUSTOMER  SERVICE  ACCOUNT  INFORMATION,  OR  OTHER  INFORMATION
 STRICTLY  RELATED  TO ITS CUSTOMER SERVICE, PROVIDED THAT THE COVERED AI
 COMPANION IS UNABLE TO  RESPOND  ON  TOPICS  OUTSIDE  OF  THE  SPECIFIED
 PURPOSE;
   (B) PROVIDING EFFICIENCY IMPROVEMENTS OR RESEARCH OR TECHNICAL ASSIST-
 ANCE,  PROVIDED  THAT  THE  COVERED AI COMPANION IS UNABLE TO RESPOND ON
 TOPICS OUTSIDE OF THE SPECIFIED PURPOSE; OR
   (C) WITH RESPECT TO ANY SYSTEM USED BY  A  BUSINESS  ENTITY,  INTERNAL
 PURPOSES OR EMPLOYEE PRODUCTIVITY.
   §  1802.  ENFORCEMENT. 1. WHENEVER IT APPEARS TO THE ATTORNEY GENERAL,
 EITHER UPON COMPLAINT OR OTHERWISE, THAT ANY PERSON, WITHIN  OR  OUTSIDE
 THE  STATE,  HAS  ENGAGED IN OR IS ABOUT TO ENGAGE IN ANY OF THE ACTS OR
 PRACTICES DEEMED UNLAWFUL PURSUANT TO THIS ARTICLE, THE ATTORNEY GENERAL
 MAY BRING AN ACTION OR SPECIAL PROCEEDING IN THE NAME AND ON  BEHALF  OF
 THE  PEOPLE  OF  THE  STATE  OF NEW YORK TO ENJOIN ANY VIOLATION OF THIS
 ARTICLE, TO OBTAIN INJUNCTIVE RELIEF, RESTITUTION OF ANY MONEYS OR PROP-
 ERTY OBTAINED DIRECTLY OR INDIRECTLY BY ANY SUCH  VIOLATION,  TO  OBTAIN
 DISGORGEMENT  OF ANY PROFITS OR GAINS OBTAINED DIRECTLY OR INDIRECTLY BY
 ANY SUCH VIOLATION, INCLUDING BUT NOT  LIMITED  TO  THE  DESTRUCTION  OF
 UNLAWFULLY  OBTAINED  DATA  AND  ANY  ALGORITHM TRAINED IN SUCH DATA, TO
 OBTAIN DAMAGES CAUSED DIRECTLY OR INDIRECTLY BY ANY SUCH  VIOLATION,  TO
 OBTAIN  CIVIL  PENALTIES  OF  UP  TO  TWENTY-FIVE  THOUSAND  DOLLARS PER
 VIOLATION, AND TO OBTAIN ANY SUCH OTHER AND FURTHER RELIEF AS THE  COURT
 MAY DEEM PROPER, INCLUDING PRELIMINARY RELIEF.
 A. 10379--C                         4
 
   2.   THE   ATTORNEY  GENERAL  SHALL  MAINTAIN  A  WEBSITE  TO  RECEIVE
 COMPLAINTS, INFORMATION OR REFERRALS FROM MEMBERS OF THE PUBLIC CONCERN-
 ING A PERSON'S ALLEGED COMPLIANCE OR NON-COMPLIANCE WITH THE  PROVISIONS
 OF THIS ARTICLE.
   3.  A  PROVISION  WITHIN  A CONTRACT OR AGREEMENT THAT SEEKS TO WAIVE,
 PRECLUDE, OR BURDEN THE  ENFORCEMENT  OF  A  LIABILITY  ARISING  FROM  A
 VIOLATION  OF  THIS  ARTICLE, OR TO SHIFT THE LIABILITY TO ANY PERSON IN
 EXCHANGE FOR THEIR USE OR ACCESS OF, OR RIGHT TO USE OR ACCESS, AN OPER-
 ATOR'S PRODUCTS OR SERVICES, INCLUDING BY MEANS OF A CONTRACT  OF  ADHE-
 SION SHALL BE DEEMED VOID AS A MATTER OF PUBLIC POLICY.
   4.  NOTWITHSTANDING  ANY  PRIVATE  AGREEMENTS TO THE CONTRARY, A COURT
 SHALL IMPOSE JOINT AND SEVERAL  LIABILITY  ON  AFFILIATED  ENTITIES  FOR
 PURPOSES  OF  EFFECTING THE INTENT OF THIS ARTICLE TO THE MAXIMUM EXTENT
 ALLOWED BY LAW IF THE COURT CONCLUDES THE FOLLOWING ARE TRUE:
   (A) THE AFFILIATED ENTITIES, IN THE DEVELOPMENT OR  IMPLEMENTATION  OF
 THE  CORPORATE  STRUCTURE  AMONG  THE AFFILIATED ENTITIES, TOOK STEPS TO
 PURPOSELY AND UNREASONABLY LIMIT OR AVOID LIABILITY; AND
   (B) AS THE RESULT OF THE STEPS DESCRIBED  IN  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION, THE CORPORATE STRUCTURE OF THE OPERATOR OR AFFILIATED ENTI-
 TIES WOULD FRUSTRATE RECOVERY OF RELIEF AUTHORIZED BY THIS ARTICLE.
   §  1803.  RULEMAKING.    THE ATTORNEY GENERAL MAY PROMULGATE RULES AND
 REGULATIONS AS NECESSARY TO EFFECTUATE AND  ENFORCE  THE  PROVISIONS  OF
 THIS  ARTICLE.    SUCH RULES OR REGULATIONS MAY SPECIFY THAT INFORMATION
 COLLECTED UNDER THIS ARTICLE SHALL NOT BE USED  FOR  ANY  PURPOSE  OTHER
 THAN  AGE ASSURANCE 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 RULE OR REGU-
 LATION.
   § 1804. DETERMINATION OF COVERED MINOR. 1.   TO THE  EXTENT  RULES  OR
 REGULATIONS REFERENCED IN SECTION EIGHTEEN HUNDRED THREE OF THIS ARTICLE
 OR  RULES  AND  REGULATIONS  REGARDING AGE ASSURANCE METHODS PROMULGATED
 PURSUANT TO ARTICLE FORTY-FIVE OF THIS CHAPTER ARE  NOT  IN  EFFECT,  AN
 OPERATOR  SHALL  RELY  ON  A  DETERMINATION OF A COVERED USER'S MINOR OR
 ADULT STATUS MADE USING A REASONABLE AGE ASSURANCE METHOD THAT MEETS THE
 FOLLOWING REQUIREMENTS:
   (A) SUCH AGE ASSURANCE METHOD SHALL REASONABLY GUARD  AGAINST  CIRCUM-
 VENTION  AND  REASONABLY MINIMIZE THE RETENTION OF INFORMATION COLLECTED
 FOR AGE ASSURANCE PURPOSES;
   (B) AN OPERATOR MAY ONLY RELY ON SELF-DECLARATION AS A REASONABLE  AGE
 ASSURANCE METHOD IF THE USER SELF-DECLARES MINOR STATUS; AND
   (C) AN OPERATOR MUST MAKE AVAILABLE MORE THAN ONE AGE ASSURANCE METHOD
 TO  COVERED  USERS,  INCLUDING  AT LEAST ONE METHOD THAT EITHER DOES NOT
 RELY ON GOVERNMENT ISSUED IDENTIFICATION OR THAT ALLOWS A  COVERED  USER
 TO MAINTAIN ANONYMITY AS TO THE OPERATOR.
   2.  INFORMATION  COLLECTED  FOR  THE  PURPOSE OF DETERMINING WHETHER A
 COVERED USER IS A COVERED MINOR UNDER SUBDIVISION ONE OF  SECTION  EIGH-
 TEEN HUNDRED ONE OF THIS ARTICLE SHALL NOT BE USED FOR ANY PURPOSE OTHER
 THAN  TO  MAKE SUCH DETERMINATION AND SHALL BE DELETED IMMEDIATELY AFTER
 AN ATTEMPT TO DETERMINE WHETHER A  COVERED  USER  IS  A  COVERED  MINOR,
 EXCEPT  WHERE NECESSARY FOR COMPLIANCE WITH ANY APPLICABLE PROVISIONS OF
 NEW YORK STATE OR FEDERAL LAW OR REGULATION.
   3. THIS ARTICLE SHALL NOT SUPERSEDE, AMEND, OR REPEAL  ARTICLE  FORTY-
 SEVEN OF THIS CHAPTER.
   §  1805.  APPLICABILITY.    THIS  ARTICLE  SHALL APPLY TO CONDUCT THAT
 OCCURS IN WHOLE OR IN PART IN THE STATE OF NEW  YORK.  FOR  PURPOSES  OF
 THIS  ARTICLE,  CONDUCT  TAKES  PLACE WHOLLY OUTSIDE OF THE STATE OF NEW
 A. 10379--C                         5
 
 YORK IF A COVERED AI COMPANION IS ACCESSED BY A USER WHO  IS  PHYSICALLY
 LOCATED OUTSIDE OF THE STATE OF NEW YORK.
   §  2.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this article shall be adjudged by any court of compe-
 tent jurisdiction to be invalid, such judgment shall not affect, impair,
 or invalidate the remainder thereof, but shall be confined in its opera-
 tion to the clause, sentence, paragraph, subdivision, section,  or  part
 thereof  directly  involved  in  the  controversy in which such judgment
 shall have been made.
   § 3. This act shall take effect January 1, 2027. Effective  immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.