Regulon — CA-SB-1001 · CA SB 1001 (Bots Disclosure)

Summary

California SB 1001 makes it unlawful for any person to use a bot to communicate with another person in California online with intent to mislead about the bot's artificial identity for the purpose of knowingly deceiving about the communication's content to incentivize a commercial transaction or influence an election vote. A person is not liable if they disclose the bot's nature; the disclosure must be clear, conspicuous, and reasonably designed to inform. The statute does not create an express enforcement mechanism, private right of action, or penalty schedule, leaving enforcement to indirect theories such as California's UCL. Service providers of online platforms (including web hosting and ISPs) are expressly exempted from any duty under the chapter.

Enforcement & Penalties

Enforcement Authority

No designated agency enforcer. No private right of action is expressly created. The statute declares the conduct 'unlawful' but does not specify an enforcement mechanism, designated enforcer, or private cause of action. Enforcement would likely depend on indirect theories such as California's Unfair Competition Law (Bus. & Prof. Code § 17200 et seq.), which provides a cause of action for 'any unlawful' business practice. The statute expressly exempts service providers of online platforms, including web hosting and Internet service providers, from any duty under the chapter.

Penalties

The statute does not specify any penalties, damages, or remedies. No statutory minimum, civil penalty, injunctive relief provision, or attorney fees provision is included. Any remedies would depend on the enforcement vehicle used (e.g., UCL remedies of restitution and injunctive relief if pursued under Bus. & Prof. Code § 17200).

Who Is Covered

What Is Covered

"Online platform" means any public-facing Internet Web site, Web application, or digital application, including a social network or publication, that has 10,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.

Compliance Obligations 2 obligations · click obligation ID to open requirement page

T-01 AI Identity Disclosure · T-01.1 · Deployer · ChatbotPolitical Advertising

Bus. & Prof. Code § 17941(a)-(b)

Plain Language

Any person who uses a bot to communicate with another person in California online is prohibited from doing so with intent to mislead about the bot's artificial identity for the purpose of knowingly deceiving the person about the communication's content to drive a commercial transaction or influence an election vote. The safe harbor is straightforward: if you disclose that the account is a bot, you are not liable. The disclosure must be clear, conspicuous, and reasonably designed to inform the person they are interacting with a bot. Note the high intent threshold — liability requires both (1) intent to mislead about artificial identity and (2) a purpose of knowingly deceiving about communication content for a commercial or electoral objective. Mere failure to disclose bot status, without the specific deceptive intent and purpose, does not trigger liability.

Statutory Text

(a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot. (b) The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.

Other · ChatbotPolitical Advertising

Bus. & Prof. Code § 17942(c)

Plain Language

Service providers of online platforms — including web hosting providers and ISPs — are expressly excluded from any duty or obligation imposed by this chapter. This exemption insulates infrastructure-layer providers from liability for bots operated by their users. It creates no new compliance obligation; it is a scope limitation on the operative prohibition in § 17941.

Statutory Text

(c) This chapter does not impose a duty on service providers of online platforms, including, but not limited to, Web hosting and Internet service providers.