Definitions

In this Act: (1) AI chatbot The term AI chatbot means a natural language interface that uses a covered algorithm to provide adaptive responses to user inputs via text, audio, image, video, or any other mode of communication, simulating interpersonal interaction with a user. (2) Collect The term collect means, with respect to personal data, to buy, rent, gather, obtain, receive, access, or otherwise acquire the personal data by any means. (3) Commission The term Commission means the Federal Trade Commission. (4) Covered algorithm The term covered algorithm means a computational process derived from machine learning, natural language processing, neural networks, or other technology of similar or greater complexity. (5) Deployer (A) In general The term deployer means any person that owns, operates, or otherwise makes available to users an AI chatbot in or affecting interstate commerce. (B) Rule of construction The terms deployer and developer shall not be interpreted to be mutually exclusive. (6) Derived data The term derived data means data that is created by the derivation of information, other data, assumptions, correlations, inferences, predictions, or conclusions from facts, evidence, or another source of information. (7) Developer (A) In general The term developer means any person that designs, codes, produces, or substantially modifies a covered algorithm for use in an AI chatbot. (B) Rule of construction The terms developer and deployer shall not be interpreted to be mutually exclusive. (8) Input data The term input data means, with respect to an AI chatbot, all information, including text, photos, audio, video, or files, provided to the AI chatbot by a user of such AI chatbot. (9) Knowledge The term knowledge means actual knowledge or knowledge fairly implied on the basis of objective circumstances. (10) Minor The term minor means an individual who is under the age of 18. (11) Output The term output means, with respect to an AI chatbot, any information, including any text, photo, audio recording, video, or file, provided by such AI chatbot to a user. (12) Personal data The term personal data — (A) means information, including input data, derived data, inferences, or unique identifiers, that identifies or is linked, or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked, or reasonably linkable, to 1 or more individuals; and (B) does not include publicly available information. (13) Profiling The term profiling means processing data for the purpose of detecting and classifying or designating personality and behavioral characteristics of a user of an AI chatbot. (14) Process The term process means, with respect to personal data, any operation or set of operations performed on the personal data, including analyzing, organizing, structuring, using, modifying, or otherwise handling such data. (15) Publicly available information (A) In general The term publicly available information — (i) means any information that a deployer has a reasonable basis to believe has been made available to the general public by— (I) Federal, State, or local government records; (II) widely distributed media; (III) a website or online service made available to any member of the public, for free or for a fee, including a website or online service that any member of the public can log into; or (IV) a disclosure to the general public that is required under Federal, State, or local law; and (ii) does not include— (I) any obscene visual depiction (as such term is used in section 1460 of title 18, United States Code); (II) biometric information; (III) genetic information, unless made publicly available by the individual to whom the information pertains by a means described in subclause (II) or (III) of clause (i); (IV) personal data that is created through the combination of personal data with publicly available information; (V) intimate images that are authentic or computer-generated, known to be nonconsensual; or (VI) personal data made available by a data broker. (B) Clarification For purposes of this paragraph, information from a website or online service is not available to any member of the public if the individual to whom the information pertains has restricted the information to a specific audience or maintained a default setting that restricts the information to a specific audience. (16) Transfer The term transfer means, with respect to personal data, to disclose, release, share disseminate, make available, sell, rent, or license the personal data (orally, in writing, electronically, or by any other means). (17) Widely distributed media The term widely distributed media — (A) means information that is available to the general public, including information from a telephone book or online directory, a television, internet, or radio program, the news media, or an internet site, that is available to the general public on an unrestricted basis; and (B) does not include an obscene visual depiction (as such term is used in section 1460 of title 18, United States Code).