Definitions

In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) Companion AI chatbot (A) In general The term companion AI chatbot — (i) means any software-based artificial intelligence system or program that exists for— (I) primarily educational purposes, including tutoring; or (II) the primary purpose of simulating interpersonal or emotional interaction, friendship, companionship, or therapeutic communication with a user across multiple interactions; and (ii) does not include any chatbot that— (I) does not have a memory function or the ability to maintain a conversation based on information a user has provided in prior responses, including a virtual assistant or other chatbot with pre-programmed responses; or (II) has the ability to maintain a conversation based on information a user has provided in prior responses but is programmed for a highly specialized and narrow task, including— (aa) a customer service chatbot; (bb) a business operation chatbot; (cc) a productivity, research, or analytical chatbot; (dd) a standalone voice assistant that— (AA) does not sustain relationships across multiple interactions; and (BB) is not designed to elicit emotional responses; or (ee) a video game chatbot that is— (AA) limited to replies related to the video game; and (BB) not capable of discussing topics unrelated to the video game or topics related to mental health, suicidal ideation, or sexually explicit communication. (B) Tiers The term companion AI chatbot includes the following tiers: (i) Tier I A tier I companion AI chatbot is a companion AI chatbot that is— (I) marketed, or reasonably used, for primarily educational purposes, including tutoring; and (II) not capable of— (aa) offering companionship to, or therapeutic communication with, a user; or (bb) otherwise creating a strong parasocial attachment with a user. (ii) Tier II A tier II companion AI chatbot is a companion AI chatbot that is— (I) marketed, or reasonably used, for the primary purpose of simulating interpersonal or emotional interaction, friendship, or companionship; and (II) not used for mental health treatment, emotional disorders, therapeutic communication, or other quasi-therapeutic support. (iii) Tier III A tier III companion AI chatbot — (I) is a companion AI chatbot that is marketed, or reasonably used, for mental health treatment, emotional disorders, therapeutic communication, or other quasi-therapeutic support; and (II) includes any AI companion chatbot that— (aa) simulates a therapeutic relationship, such as a trauma coach or AI therapist; and (bb) collects and acts on detailed mental-health data, including diagnoses, treatment plans, medication references, or self-harm plans. (3) Child sexual abuse material The term child sexual abuse material has the meaning given the term child pornography in section 2256 of title 18, United States Code. (4) Covered entity The term covered entity means any person that owns, operates, or otherwise makes available a companion AI chatbot to individuals in the United States. (5) Minor The term minor means any individual that has not attained 18 years of age. (6) Minor user The term minor user means a user that is a minor. (7) Nudge-out notification The term nudge-out notification means a popup that gives a reminder to a user to take a break from using the companion AI chatbot for a specified period of time. (8) Popup The term popup means a visible notification on the screen of a user that can be resolved if interacted with by the user. (9) Sexually explicit communication The term sexually explicit communication includes any content, conversation, or material that describes, depicts, or encourages sexually explicit conduct, as defined in paragraph (2)(B) of section 2256 of title 18, United States Code. (10) Suicidal ideation The term suicidal ideation means, with respect to an interaction between a minor user and a companion AI chatbot, any dialogue in which such minor user expresses thoughts of self-harm or suicide. (11) User The term user means any individual who establishes an account for the use of a companion AI chatbot.