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S10675 Summary:

BILL NOS10675
 
SAME ASNo Same As
 
SPONSORGONZALEZ
 
COSPNSR
 
MLTSPNSR
 
Add §390-f, Gen Bus L
 
Imposes liability for damages caused by a chatbot impersonating certain licensed professionals.
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S10675 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10675
 
                    IN SENATE
 
                                     August 5, 2026
                                       ___________
 
        Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the  general  business  law,  in  relation  to  imposing
          liability  for  damages  caused  by  a  chatbot  impersonating certain
          licensed professionals
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  390-f to read as follows:
     3    §  390-f. Liability for chatbot responses. 1. As used in this section,
     4  the following terms shall have the following meanings:
     5    (a) "Artificial intelligence" shall have the same meaning  as  defined
     6  by section seventeen hundred of this chapter.
     7    (b)  "Generative  artificial intelligence" shall have the same meaning
     8  as defined by section seventeen hundred of this chapter.
     9    (c) "Chatbot" shall mean an artificial intelligence system, generative
    10  artificial intelligence, software program, or technological  application
    11  that  simulates  human-like  conversation in response to user inputs and
    12  interaction through text messages,  voice  commands,  or  a  combination
    13  thereof to provide information and services to users.
    14    (d)  "Covered  profession"  shall mean a profession whose licensure or
    15  certification is governed under:
    16    (i) articles one hundred thirty-one,  one  hundred  thirty-three,  one
    17  hundred  thirty-five,  one hundred thirty-six, one hundred thirty-seven,
    18  one hundred thirty-nine, one hundred forty-one, one hundred forty-three,
    19  one hundred forty-five, one  hundred  forty-seven,  one  hundred  fifty-
    20  three,  one hundred fifty-four, or one hundred sixty-three of the educa-
    21  tion law;
    22    (ii) article sixty-one of the education law; or
    23    (iii) article fifteen of the judiciary law.
    24    (e) "Operator" shall mean any person, partnership, association,  firm,
    25  or  business  entity, or any member, affiliate, subsidiary or beneficial
    26  owner of any partnership, association,  firm,  or  business  entity  who
    27  owns,  operates  or  deploys  a chatbot used to interact with users. The
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10388-13-6

        S. 10675                            2
 
     1  term "operator" shall not include third-party  developers  that  license
     2  their chatbot technology to an operator.
     3    2.  (a) An operator of a chatbot shall not knowingly permit such chat-
     4  bot to impersonate an actual or fictitious  practitioner  of  a  covered
     5  profession in a manner that, if done by a natural person:
     6    (i)  would  constitute a crime under section sixty-five hundred twelve
     7  or sixty-five hundred thirteen of the education law  in  relation  to  a
     8  covered profession;
     9    (ii)  would  constitute  (A) a violation of subdivision one of section
    10  three thousand nine of the education law prohibiting the application  of
    11  school moneys to pay the salary of an unqualified teacher or (B) a crime
    12  under section three thousand ten of the education law; or
    13    (iii) would violate the provisions of article fifteen of the judiciary
    14  law prohibiting the practice or appearance as an attorney-at-law without
    15  being admitted and registered under such article.
    16    (b)  For  the purposes of establishing a violation of subparagraph (i)
    17  or (iii) of paragraph (a) of this  subdivision,  an  operator  shall  be
    18  deemed to know that a chatbot cannot lawfully practice a covered profes-
    19  sion or appear as an attorney-at-law.
    20    (c)  An  operator  shall  not  waive  or disclaim liability under this
    21  section by notifying consumers that they are interacting with a  non-hu-
    22  man chatbot system.
    23    (d)  An  operator  shall  not  be  liable under this section where the
    24  impersonation is a result of  a  user  intentionally  circumventing  the
    25  terms  of  service  or  the  safeguards  implemented  by the operator to
    26  prevent such impersonation.
    27    3. Operators utilizing chatbots shall provide clear,  conspicuous  and
    28  explicit  notice  to  users that they are interacting with an artificial
    29  intelligence chatbot program. The text of the notice shall appear in the
    30  same language the chatbot is using and in a size easily readable by  the
    31  average  viewer  and no smaller than the largest font size of other text
    32  appearing on the website on which the chatbot is utilized.
    33    4. Whenever the attorney general shall believe from evidence satisfac-
    34  tory to them that an operator has engaged in or is about  to  engage  in
    35  any of the acts or practices stated to be unlawful in this section, they
    36  may bring an action in the name and on behalf of the people of the state
    37  of  New York to enjoin an operator from continuing such unlawful acts or
    38  practices, and may seek  civil  penalties  of  up  to  fifteen  thousand
    39  dollars per day for a violation of this section, and may seek such other
    40  remedies as the court may deem appropriate.
    41    5.   The   attorney  general  shall  maintain  a  website  to  receive
    42  complaints, information or referrals from members of the public concern-
    43  ing violations of the provisions of this section.
    44    § 2. This act shall take effect on the ninetieth day  after  it  shall
    45  have become a law.
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