Vermont H 784: An act relating to modifying the title exemption for older vehicles

Bill Text

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VT LEG #386239 v.1
H.784 1
Introduced by Representatives Priestley of Bradford, Berbeco of Winooski, 2
Burrows of West Windsor, Cole of Hartford, Graning of 3
Jericho, Headrick of Burlington, Kleppner of Burlington, 4
McCann of Montpelier, McGill of Bridport, Mrowicki of 5
Putney, Nugent of South Burlington, Ode of Burlington, Olson 6
of Starksboro, Pouech of Hinesburg, Rachelson of Burlington, 7
Scheu of Middlebury, Sibilia of Dover, Sweeney of Shelburne, 8
Tomlinson of Winooski, and Torre of Moretown 9
Referred to Committee on 10
Date: 11
Subject: Commerce and trade; artificial intelligence; chatbots 12
Statement of purpose of bill as introduced: This bill proposes to regulate 13
providers of chatbots by requiring the providers to protect the privacy and 14
security of users’ data, to disclose to users that chatbots are not human, and to 15
allow users to access their own data. 16
An act relating to the regulation of chatbots 17
It is hereby enacted by the General Assembly of the State of Vermont: 18
Sec. 1. 9 V.S.A. chapter 118 is added to read: 19

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VT LEG #386239 v.1
CHAPTER 118. ARTIFICIAL INTELLIGENCE 1
Subchapter 1. Chatbots 2
§ 4193a. DEFINITIONS 3
As used in this subchapter: 4
(1) “Advertisement” means any written or oral statement, illustration, or 5
depiction that promotes the sale or use of a good or service or is designed to 6
increase interest in a brand, good, or service where such statement, illustration, 7
or depiction is displayed in exchange for monetary or other valuable 8
consideration, including access to data between the chatbot provider and the 9
brand, good, or service. 10
(2)(A) “Affirmative consent” means a clear, affirmative act signifying a 11
user’s freely given, specific, informed, and unambiguous authorization for an 12
act or practice in response to a specific request from a chatbot provider, 13
provided: 14
(i) the request is provided to the user in a clear and conspicuous 15
standalone disclosure; 16
(ii) the request includes a description, written in easy-to-17
understand language, of the act or practice for which the user’s consent is 18
sought; 19
(iii) the request is made in a manner reasonably accessible to and 20
usable by users with disabilities; 21

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VT LEG #386239 v.1
(iv) the request is made available to the user in each language in 1
which the chatbot provider provides a chatbot; 2
(v) the option to refuse to give consent is at least as prominent as 3
the option to give consent, and the option to refuse to give consent takes the 4
same number of steps as or fewer than the option to give consent; and 5
(vi) affirmative consent to an act or practice is not inferred from 6
the inaction of the user or the user’s continued use of a chatbot provided by the 7
chatbot provider. 8
(B) “Affirmative consent” does not include: 9
(i) acceptance of general or broad terms of use or a similar 10
document; 11
(ii) hovering over, muting, pausing, or closing a given piece of 12
content; 13
(iii) agreement obtained through the use of a false, fraudulent, or 14
materially misleading statement or representation; or 15
(iv) agreement obtained through the use of other dark patterns. 16
(3) “Chat log” means any input data, outputs generated by a chatbot, or 17
record of the input data or outputs from user interactions with a chatbot. 18
(4) “Chatbot” means any artificial intelligence, algorithmic, or 19
automated system that generates information via text, audio, image, or video in 20
a manner that simulates interpersonal interactions or conversation. 21

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VT LEG #386239 v.1
(5) “Chatbot provider” means any person creating, distributing, or 1
otherwise making available a chatbot. 2
(6) “Collect” or “collecting” means creating, buying, renting, gathering, 3
obtaining, receiving, accessing, or otherwise acquiring personal data or input 4
data by any means through individuals’ use of chatbots. 5
(7) “Dark pattern” means a user interface designed or manipulated with 6
the substantial effect of subverting or impairing user autonomy, decision 7
making, or choice, and includes any practice the Federal Trade Commission 8
refers to as a dark pattern. 9
(8) “Deidentified data” means information that cannot reasonably be 10
used to infer or derive the identity of an individual or does not identify and is 11
not linked or reasonably linkable to an individual or a device that identifies or 12
is linked or reasonably linkable to such individual, regardless of whether the 13
information is aggregated, provided that the chatbot provider: 14
(A) takes such physical, administrative, and technical measures as are 15
necessary to ensure that the information cannot, at any point, be used to 16
reidentify any individual or device that identifies or is linked or reasonably 17
linkable to one or more individuals; 18
(B) publicly commits in