New York S 5668: Relates to liability for misleading, incorrect, contradictory or harmful information provided to a user by a chatbot

Bill Text

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S05668 Summary:

BILL NOS05668 

&nbsp

SAME ASSAME AS A00222-A

&nbsp

SPONSORGONZALEZ

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §390-f, Gen Bus L

&nbsp

Imposes liability for misleading, incorrect, contradictory or harmful information to a user by a chatbot that results in financial loss or other demonstrable harm.

Go to top S05668 Actions:

BILL NOS05668 

&nbsp

02/27/2025REFERRED TO INTERNET AND TECHNOLOGY

03/12/20251ST REPORT CAL.548

03/13/20252ND REPORT CAL.

03/17/2025ADVANCED TO THIRD READING 

06/13/2025COMMITTED TO RULES

01/07/2026REFERRED TO INTERNET AND TECHNOLOGY

Go to topS05668 Committee&nbspVotes:

Go to topS05668 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05668 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5668

 2025-2026 Regular Sessions

 IN SENATE

 February 27, 2025
 ___________

 Introduced by Sen. GONZALEZ -- read twice and ordered printed, and when
 printed to be committed to the Committee on Internet and Technology

 AN ACT to amend the general business law, in relation to liability for
 false information provided by a chatbot

 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" means a machine-based system or combina-
 6 tion of systems, that for explicit and implicit objectives, infers, from
 7 the input it receives, how to generate outputs such as predictions,
 8 content, recommendations, or decisions that can influence physical or
 9 virtual environments.
 10 (b) "Chatbot" means an artificial intelligence system, software
 11 program, or technological application that simulates human-like conver-
 12 sation and interaction through text messages, audio, or a combination
 13 thereof to provide information and services to users.
 14 (c) "Companion chatbot" means a chatbot that is designed to provide
 15 human-like interaction that simulates an interpersonal relationship with
 16 a user or group of users as its primary function, or uses previous user
 17 interactions when simulating an interpersonal relationship in future
 18 interactions. An interpersonal relationship shall include, but shall not
 19 be limited to, romantic, platonic, familial, adversarial, professional,
 20 official, therapeutic, or stranger relationships that are between the
 21 covered user and a fictional or non-fictional character or group of
 22 characters.
 23 (d) "Covered user" means a user of a chatbot in New York.
 24 (e) "Human-like" means any form of communication or interaction that
 25 approximates human behavior, including non-human behavior that could be

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01914-03-5

 S. 5668 2

 1 attributed to a human actor, including but not limited to, a human actor
 2 role playing as a fictional non-human character, an animal, or other
 3 interactive entity.
 4 (f) "Minor" means an individual under the age of eighteen.
 5 (g) "Proprietor" means any person, business, company, organization,
 6 institution or government entity that owns, operates or deploys a chat-
 7 bot used to interact with users. Proprietors shall not include third-
 8 party developers that license their technology to a proprietor.
 9 2. (a) A proprietor of a chatbot that is used as an alternative to a
 10 human representative, or otherwise as an agent of the proprietor to
 11 provide any substantive response, information, advice, or action may not
 12 disclaim liability where a chatbot provides materially misleading,
 13 incorrect, contradictory or harmful information to a covered user that
 14 results in financial loss or other demonstrable harm to a covered user.
 15 No such liability shall be imposed where the proprietor has corrected
 16 the information and substantially or completely cured the harm to the
 17 covered user within thirty days of notice of such harm.
 18 (b) The proprietor of a chatbot shall be responsible for ensuring such
 19 chatbot accurately p