C.R.S. § 6-1-1710: Conversational artificial intelligence services - operator duties - minor account holders - minor users - disclosures - annual reporting - definitions.

(1) Definitions. As used in this section, unless the context otherwise requires:

(a) "Account holder" means a consumer who has or opens an account or profile for the purpose of using a conversational artificial intelligence service.

(b) "Minor account holder" means an account holder who is a minor.

(c) "Minor user" means a user of a conversational artificial intelligence service who an operator has knowledge is a minor by using commercially reasonable methods or generally accepted methods to estimate the age or age range of a user.

(2) Minor account holders and minor users. An operator shall use commercially reasonable methods or generally accepted methods to estimate the age of account holders or users. An operator shall not willfully disregard clear and convincing information that an account holder or user is a minor. For purposes of this section, the estimated age or age range of a minor account holder or user is considered knowledge of the minor's age. On and after January 1, 2027, if an operator knows that an account holder or user is a minor, the operator shall:

(a) Clearly and conspicuously disclose to the minor account holder or minor user that the minor account holder or minor user is interacting with artificial intelligence that is artificially generated and not human. The disclosure must be provided in response to user prompts regarding whether the conversational artificial intelligence service is artificially generated and not human and must be:

(I) A persistent visible disclaimer for a product with a screen interface;

(II) An intermittent audio disclaimer for a product without a screen interface; or

(III) Provided at the beginning of each interaction with a conversational artificial intelligence service and must occur at least once every three hours in a continuous conversational artificial intelligence service interaction;

(b) Not provide the minor account holder or minor user with points or similar rewards at unpredictable intervals with the intent to encourage increased engagement with a conversational artificial intelligence service;

(c) Institute technically feasible measures to prevent a conversational artificial intelligence service from:

(I) Producing textual, visual, or aural depictions of explicit sexual conduct;

(II) Producing an intimate digital depiction;

(III) Generating a statement that the minor account holder or minor user should engage in explicit sexual conduct; or

(IV) Engaging in erotic or sexually explicit interactions with the minor account holder or minor user;

(d) Institute reasonable measures to prevent a conversational artificial intelligence service from formulating, structuring, or optimizing a response that simulates emotional dependence or isolation from real-world supports, including preventing:

(I) An explicit claim that the conversational artificial intelligence service is human or artificially sentient;

(II) A statement that simulates a romantic companionship; or

(III) Role-playing of an adult-minor romantic relationship;

(e) Implement a protocol to prohibit a conversational artificial intelligence service from engaging in explicit sexual conduct with a minor;

(f) Implement a protocol for a conversational artificial intelligence service to stop engaging in response to a user prompt regarding explicit sexual conduct with a minor;

(g) Comply with part 13 of this article 1 regarding protecting the privacy and data of a minor; and

(h) (I) Offer tools for the minor account holder or minor user to manage the minor account holder's or minor user's privacy and account settings, including the ability to control whether the conversational artificial intelligence service retains information from prior interactions or sessions with the conversational artificial intelligence service for the purpose of personalizing the content of future interactions and whether the minor account holder's or minor user's personal data is used for the purposes of training the conversational artificial intelligence service; and

(II) Offer tools for a parent or guardian of the minor account holder or minor user to manage the minor account holder's or minor user's privacy and account settings.

(3) Consumer disclosures. On and after January 1, 2027, an operator shall clearly and conspicuously disclose to a user that a conversational artificial intelligence service is artificial intelligence. The disclosure must:

(a) Be provided at the beginning of a user's first interaction with a conversational artificial intelligence service for each day of interaction;

(b) Appear at least once every three hours in a continuous conversational artificial intelligence service interaction or appear as a persistent disclosure visible to the user; and

(c) Be provided in response to user prompts regarding whether the conversational artificial intelligence service is artificially generated and not human.

(4) Suicide and self-harm protocol. On and after January 1, 2027, an operator shall implement a protocol for a conversational artificial intelligence service to respond to a user prompt regarding suicidal ideation or self-harm, which protocol must include user referral to a crisis service provider such as a suicide hotline, a crisis text line, or another appropriate crisis service, but not including a law enforcement agency, and escalation procedures for repeated or severe crisis indicators.

(5) False representation. On and after January 1, 2027, an operator shall not use any term, letter, or phrase in the advertising, interface, or outputs of a conversational artificial intelligence service that states that any output data provided by the conversational artificial intelligence service is being provided by, endorsed by, or equivalent to services provided by:

(a) A licensed health-care professional;

(b) A licensed legal professional;

(c) A licensed, certified, or registered mental health professional; or

(d) A qualified dietitian, as described in section 6-1-707 (1)(b).

(6) Annual reporting.

(a) On and after July 1, 2027, an operator shall annually report to the attorney general's office:

(I) The number of times the operator has issued a crisis service provider referral notification in the preceding calendar year;

(II) Any protocols the operator implemented to detect, remove, and respond to instances of suicidal ideation or self-harm by a user of a conversational artificial intelligence service;

(III) Any protocols the operator implemented to prevent a conversational artificial intelligence service response about suicidal ideation or self-harm actions; and

(IV) Any additional metrics necessary to determine the efficacy and reliability of implemented safeguards or detection, removal, and response protocols, as determined by the attorney general.

(b) The report required by subsection (6)(a) of this section must not include any identifiers or personal information about a user of a conversational artificial intelligence service.

(c) The attorney general's office shall post on its public website data from reports submitted pursuant to subsection (6)(a) of this section.

(d) For the purpose of creating a report as required by subsection (6)(a) of this section, an operator shall use evidence-based methods for measuring suicidal ideation or self-harm.

(7) Access to information - content moderation. Nothing in this section:

(a) Limits an individual's ability to access information and resources under section 32 of article II of the state constitution and part 4 of article 6 of title 25;

(b) Requires an operator to disclose trade secrets, confidential or proprietary information, or other information protected from disclosure by state or federal law; or

(c) Authorizes content moderation practices inconsistent with the United States constitution.