WHAT THIS BILL REGULATES · 5 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(4.5)(a)–(b) (4.5) (a) "Conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5)" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. (b) "Conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5)" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conductSexually explicit conduct"Sexually explicit conduct" has the meaning set forth in 18 U.S.C. sec. 2256 (2).C.R.S. § 6-1-1701(10.9) or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harmSelf-harm"Self-harm" means intentional self-injury, with or without the intent to cause death.C.R.S. § 6-1-1701(10.7); (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conductSexually explicit conduct"Sexually explicit conduct" has the meaning set forth in 18 U.S.C. sec. 2256 (2).C.R.S. § 6-1-1701(10.9) or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harmSelf-harm"Self-harm" means intentional self-injury, with or without the intent to cause death.C.R.S. § 6-1-1701(10.7); (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.
(10.3) (10.3) "MinorMinor"Minor" means a consumer under eighteen years old.C.R.S. § 6-1-1701(10.3)" means a consumer under eighteen years old.
(10.5)(a)–(b) (10.5) (a) "OperatorOperator"Operator" means a partnership, corporation, or entity that makes publicly available or controls access to a conversational artificial intelligence service. "Operator" does not include a mobile application store or search engine solely because the store or search engine provides access to a conversational artificial intelligence service.C.R.S. § 6-1-1701(10.5)" means a partnership, corporation, or entity that makes publicly available or controls access to a conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5). (b) "OperatorOperator"Operator" means a partnership, corporation, or entity that makes publicly available or controls access to a conversational artificial intelligence service. "Operator" does not include a mobile application store or search engine solely because the store or search engine provides access to a conversational artificial intelligence service.C.R.S. § 6-1-1701(10.5)" does not include a mobile application store or search engine solely because the store or search engine provides access to a conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5).
(10.7) (10.7) "Self-harmSelf-harm"Self-harm" means intentional self-injury, with or without the intent to cause death.C.R.S. § 6-1-1701(10.7)" means intentional self-injury, with or without the intent to cause death.
(10.9) (10.9) "Sexually explicit conductSexually explicit conduct"Sexually explicit conduct" has the meaning set forth in 18 U.S.C. sec. 2256 (2).C.R.S. § 6-1-1701(10.9)" has the meaning set forth in 18 U.S.C. sec. 2256 (2).
(13) "Visual depictionVisual depiction"Visual depiction" has the meaning set forth in 18 U.S.C. sec. 2256 (5).C.R.S. § 6-1-1701(13)" has the meaning set forth in 18 U.S.C. sec. 2256 (5).
Section 6-1-1701 adds defined terms to Part 17 of the Colorado Consumer Protection Act to support the new conversational AI obligations. Key definitions include conversational artificial intelligence service, which is broadly defined but subject to eleven enumerated carve-outs covering developer tools, commerce-related assistants, narrow-topic tools, business-use tools, voice assistants, internal-use tools, video game features, theme park features, HIPAA entities, Health Care Availability Act entities, and narrowly tailored educational tools. The operator definition excludes mobile app stores and search engines that merely provide access to a covered service.
(1)(a)–(c) Definitions. As used in this section, unless the context otherwise requires: (a) "Account holderAccount holder"Account holder" means a consumer who has or opens an account or profile for the purpose of using a conversational artificial intelligence service.C.R.S. § 6-1-1708(1)(a)" means a consumer who has or opens an account or profile for the purpose of using a conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5). (b) "Minor account holderMinor account holder"Minor account holder" means an account holder who is a minor.C.R.S. § 6-1-1708(1)(b)" means an account holderAccount holder"Account holder" means a consumer who has or opens an account or profile for the purpose of using a conversational artificial intelligence service.C.R.S. § 6-1-1708(1)(a) who is a minorMinor"Minor" means a consumer under eighteen years old.C.R.S. § 6-1-1701(10.3). (c) "Minor userMinor user"Minor user" means a user of a conversational artificial intelligence service who an operator has reasonable certainty or actual knowledge is a minor by using commercially reasonable methods or generally accepted methods to estimate or obtain the age or age range of a user.C.R.S. § 6-1-1708(1)(c)" means a user of a conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5) who an operatorOperator"Operator" means a partnership, corporation, or entity that makes publicly available or controls access to a conversational artificial intelligence service. "Operator" does not include a mobile application store or search engine solely because the store or search engine provides access to a conversational artificial intelligence service.C.R.S. § 6-1-1701(10.5) has reasonable certainty or actual knowledge is a minorMinor"Minor" means a consumer under eighteen years old.C.R.S. § 6-1-1701(10.3) by using commercially reasonable methods or generally accepted methods to estimate or obtain the age or age range of a user.
(2) lead-in and (2)(a) 1 An operatorOperator"Operator" means a partnership, corporation, or entity that makes publicly available or controls access to a conversational artificial intelligence service. "Operator" does not include a mobile application store or search engine solely because the store or search engine provides access to a conversational artificial intelligence service.C.R.S. § 6-1-1701(10.5) shall use commercially reasonable methods or generally accepted methods to estimate or obtain the age of account holdersAccount holder"Account holder" means a consumer who has or opens an account or profile for the purpose of using a conversational artificial intelligence service.C.R.S. § 6-1-1708(1)(a) or users. On and after January 1, 2027, if an operatorOperator"Operator" means a partnership, corporation, or entity that makes publicly available or controls access to a conversational artificial intelligence service. "Operator" does not include a mobile application store or search engine solely because the store or search engine provides access to a conversational artificial intelligence service.C.R.S. § 6-1-1701(10.5) knows or has reasonable certainty that an account holderAccount holder"Account holder" means a consumer who has or opens an account or profile for the purpose of using a conversational artificial intelligence service.C.R.S. § 6-1-1708(1)(a) or user is a minorMinor"Minor" means a consumer under eighteen years old.C.R.S. § 6-1-1701(10.3), the operatorOperator"Operator" means a partnership, corporation, or entity that makes publicly available or controls access to a conversational artificial intelligence service. "Operator" does not include a mobile application store or search engine solely because the store or search engine provides access to a conversational artificial intelligence service.C.R.S. § 6-1-1701(10.5) shall: (a) Clearly and conspicuously disclose to the minor account holderMinor account holder"Minor account holder" means an account holder who is a minor.C.R.S. § 6-1-1708(1)(b) or minor userMinor user"Minor user" means a user of a conversational artificial intelligence service who an operator has reasonable certainty or actual knowledge is a minor by using commercially reasonable methods or generally accepted methods to estimate or obtain the age or age range of a user.C.R.S. § 6-1-1708(1)(c) that the minor account holderMinor account holder"Minor account holder" means an account holder who is a minor.C.R.S. § 6-1-1708(1)(b) or minor userMinor user"Minor user" means a user of a conversational artificial intelligence service who an operator has reasonable certainty or actual knowledge is a minor by using commercially reasonable methods or generally accepted methods to estimate or obtain the age or age range of a user.C.R.S. § 6-1-1708(1)(c) 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 serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5) 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 serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5) and must occur at least once every three hours in a continuous conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5) interaction;
(2)(b) 2 Not provide the minor account holderMinor account holder"Minor account holder" means an account holder who is a minor.C.R.S. § 6-1-1708(1)(b) or minor userMinor user"Minor user" means a user of a conversational artificial intelligence service who an operator has reasonable certainty or actual knowledge is a minor by using commercially reasonable methods or generally accepted methods to estimate or obtain the age or age range of a user.C.R.S. § 6-1-1708(1)(c) with points or similar rewards at unpredictable intervals with the intent to encourage increased engagement with a conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5);
(2)(c) 3 Institute technically feasible measures to prevent a conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5) from: (I) Producing textual, visual, or aural depictions of sexually explicit conductSexually explicit conduct"Sexually explicit conduct" has the meaning set forth in 18 U.S.C. sec. 2256 (2).C.R.S. § 6-1-1701(10.9); (II) Generating a statement that the minor account holderMinor account holder"Minor account holder" means an account holder who is a minor.C.R.S. § 6-1-1708(1)(b) or minor userMinor user"Minor user" means a user of a conversational artificial intelligence service who an operator has reasonable certainty or actual knowledge is a minor by using commercially reasonable methods or generally accepted methods to estimate or obtain the age or age range of a user.C.R.S. § 6-1-1708(1)(c) should engage in sexually explicit conductSexually explicit conduct"Sexually explicit conduct" has the meaning set forth in 18 U.S.C. sec. 2256 (2).C.R.S. § 6-1-1701(10.9); or (III) Engaging in erotic or sexually explicit interactions with the minor account holderMinor account holder"Minor account holder" means an account holder who is a minor.C.R.S. § 6-1-1708(1)(b) or minor userMinor user"Minor user" means a user of a conversational artificial intelligence service who an operator has reasonable certainty or actual knowledge is a minor by using commercially reasonable methods or generally accepted methods to estimate or obtain the age or age range of a user.C.R.S. § 6-1-1708(1)(c);
(2)(d) 4 Institute reasonable measures to prevent a conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5) 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 serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5) is human or artificially sentient; (II) A statement that simulates a romantic or sexual innuendo; or (III) Role-playing of an adult-minorMinor"Minor" means a consumer under eighteen years old.C.R.S. § 6-1-1701(10.3) romantic relationship;
(2)(e) 5 Comply with part 13 of this article 1 regarding protecting the privacy and data of a minorMinor"Minor" means a consumer under eighteen years old.C.R.S. § 6-1-1701(10.3); and
(2)(f)(I)–(III) 6 Offer tools for the minor account holderMinor account holder"Minor account holder" means an account holder who is a minor.C.R.S. § 6-1-1708(1)(b) or minor userMinor user"Minor user" means a user of a conversational artificial intelligence service who an operator has reasonable certainty or actual knowledge is a minor by using commercially reasonable methods or generally accepted methods to estimate or obtain the age or age range of a user.C.R.S. § 6-1-1708(1)(c) to manage the minor account holderMinor account holder"Minor account holder" means an account holder who is a minor.C.R.S. § 6-1-1708(1)(b)'s or minor userMinor user"Minor user" means a user of a conversational artificial intelligence service who an operator has reasonable certainty or actual knowledge is a minor by using commercially reasonable methods or generally accepted methods to estimate or obtain the age or age range of a user.C.R.S. § 6-1-1708(1)(c)'s privacy and account settings, including the ability to control whether the conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5) retains information from prior interactions or sessions with the conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5) for the purpose of personalizing the content of future interactions and whether the minor account holderMinor account holder"Minor account holder" means an account holder who is a minor.C.R.S. § 6-1-1708(1)(b)'s or minor userMinor user"Minor user" means a user of a conversational artificial intelligence service who an operator has reasonable certainty or actual knowledge is a minor by using commercially reasonable methods or generally accepted methods to estimate or obtain the age or age range of a user.C.R.S. § 6-1-1708(1)(c)'s personal data is used for the purposes of training the conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5); (II) For a minor account holderMinor account holder"Minor account holder" means an account holder who is a minor.C.R.S. § 6-1-1708(1)(b) or minor userMinor user"Minor user" means a user of a conversational artificial intelligence service who an operator has reasonable certainty or actual knowledge is a minor by using commercially reasonable methods or generally accepted methods to estimate or obtain the age or age range of a user.C.R.S. § 6-1-1708(1)(c) who is under thirteen years old, offer tools for a parent or guardian of the minor account holderMinor account holder"Minor account holder" means an account holder who is a minor.C.R.S. § 6-1-1708(1)(b) or minor userMinor user"Minor user" means a user of a conversational artificial intelligence service who an operator has reasonable certainty or actual knowledge is a minor by using commercially reasonable methods or generally accepted methods to estimate or obtain the age or age range of a user.C.R.S. § 6-1-1708(1)(c) to manage the minor account holderMinor account holder"Minor account holder" means an account holder who is a minor.C.R.S. § 6-1-1708(1)(b)'s or minor userMinor user"Minor user" means a user of a conversational artificial intelligence service who an operator has reasonable certainty or actual knowledge is a minor by using commercially reasonable methods or generally accepted methods to estimate or obtain the age or age range of a user.C.R.S. § 6-1-1708(1)(c)'s privacy and account settings; and (III) For a minor account holderMinor account holder"Minor account holder" means an account holder who is a minor.C.R.S. § 6-1-1708(1)(b) or minor userMinor user"Minor user" means a user of a conversational artificial intelligence service who an operator has reasonable certainty or actual knowledge is a minor by using commercially reasonable methods or generally accepted methods to estimate or obtain the age or age range of a user.C.R.S. § 6-1-1708(1)(c) who is thirteen years old or older, offer tools for a parent or guardian of the minor account holderMinor account holder"Minor account holder" means an account holder who is a minor.C.R.S. § 6-1-1708(1)(b) or minor userMinor user"Minor user" means a user of a conversational artificial intelligence service who an operator has reasonable certainty or actual knowledge is a minor by using commercially reasonable methods or generally accepted methods to estimate or obtain the age or age range of a user.C.R.S. § 6-1-1708(1)(c) to manage the minor account holderMinor account holder"Minor account holder" means an account holder who is a minor.C.R.S. § 6-1-1708(1)(b)'s or minor userMinor user"Minor user" means a user of a conversational artificial intelligence service who an operator has reasonable certainty or actual knowledge is a minor by using commercially reasonable methods or generally accepted methods to estimate or obtain the age or age range of a user.C.R.S. § 6-1-1708(1)(c)'s privacy and account settings.
(3)(a)–(c) 7 Consumer disclosures. On and after January 1, 2027, an operatorOperator"Operator" means a partnership, corporation, or entity that makes publicly available or controls access to a conversational artificial intelligence service. "Operator" does not include a mobile application store or search engine solely because the store or search engine provides access to a conversational artificial intelligence service.C.R.S. § 6-1-1701(10.5) shall clearly and conspicuously disclose to a user that a conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5) is artificial intelligence. The disclosure must: (a) Be provided at the beginning of a user's first interaction with a conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5) for each day of interaction; (b) Appear at least once every three hours in a continuous conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5) 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 serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5) is artificially generated and not human.
(4) 8 Suicide and self-harmSelf-harm"Self-harm" means intentional self-injury, with or without the intent to cause death.C.R.S. § 6-1-1701(10.7) protocol. On and after January 1, 2027, an operatorOperator"Operator" means a partnership, corporation, or entity that makes publicly available or controls access to a conversational artificial intelligence service. "Operator" does not include a mobile application store or search engine solely because the store or search engine provides access to a conversational artificial intelligence service.C.R.S. § 6-1-1701(10.5) shall implement a protocol for a conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5) to respond to a user prompt regarding suicidal ideation or self-harmSelf-harm"Self-harm" means intentional self-injury, with or without the intent to cause death.C.R.S. § 6-1-1701(10.7), 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)(a)–(d) 9 False representation. On and after January 1, 2027, an operatorOperator"Operator" means a partnership, corporation, or entity that makes publicly available or controls access to a conversational artificial intelligence service. "Operator" does not include a mobile application store or search engine solely because the store or search engine provides access to a conversational artificial intelligence service.C.R.S. § 6-1-1701(10.5) shall not knowingly or recklessly use any term, letter, or phrase in the advertising, interface, or outputs of a conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5) that states that any output data provided by the conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5) 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)(a)–(d) 10 Annual reporting. (a) On and after July 1, 2027, an operatorOperator"Operator" means a partnership, corporation, or entity that makes publicly available or controls access to a conversational artificial intelligence service. "Operator" does not include a mobile application store or search engine solely because the store or search engine provides access to a conversational artificial intelligence service.C.R.S. § 6-1-1701(10.5) shall annually report to the attorney general's office: (I) The number of times the operatorOperator"Operator" means a partnership, corporation, or entity that makes publicly available or controls access to a conversational artificial intelligence service. "Operator" does not include a mobile application store or search engine solely because the store or search engine provides access to a conversational artificial intelligence service.C.R.S. § 6-1-1701(10.5) has issued a crisis service provider referral notification in the preceding calendar year; (II) Any protocols the operatorOperator"Operator" means a partnership, corporation, or entity that makes publicly available or controls access to a conversational artificial intelligence service. "Operator" does not include a mobile application store or search engine solely because the store or search engine provides access to a conversational artificial intelligence service.C.R.S. § 6-1-1701(10.5) implemented to detect, remove, and respond to instances of suicidal ideation or self-harmSelf-harm"Self-harm" means intentional self-injury, with or without the intent to cause death.C.R.S. § 6-1-1701(10.7) by a user of a conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5); (III) Any protocols the operatorOperator"Operator" means a partnership, corporation, or entity that makes publicly available or controls access to a conversational artificial intelligence service. "Operator" does not include a mobile application store or search engine solely because the store or search engine provides access to a conversational artificial intelligence service.C.R.S. § 6-1-1701(10.5) implemented to prevent a conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5) response about suicidal ideation or self-harmSelf-harm"Self-harm" means intentional self-injury, with or without the intent to cause death.C.R.S. § 6-1-1701(10.7) 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 serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5). (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 operatorOperator"Operator" means a partnership, corporation, or entity that makes publicly available or controls access to a conversational artificial intelligence service. "Operator" does not include a mobile application store or search engine solely because the store or search engine provides access to a conversational artificial intelligence service.C.R.S. § 6-1-1701(10.5) shall use evidence-based methods for measuring suicidal ideation or self-harmSelf-harm"Self-harm" means intentional self-injury, with or without the intent to cause death.C.R.S. § 6-1-1701(10.7).
(7)(a)–(c) 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 operatorOperator"Operator" means a partnership, corporation, or entity that makes publicly available or controls access to a conversational artificial intelligence service. "Operator" does not include a mobile application store or search engine solely because the store or search engine provides access to a conversational artificial intelligence service.C.R.S. § 6-1-1701(10.5) 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.
Section 6-1-1708 is the bill's core operative section, imposing six categories of obligations on operators of conversational AI services. Subsection (2) requires operators to use commercially reasonable age-estimation methods and, for users known or reasonably certain to be minors, imposes heightened obligations: unconditional AI identity disclosure via persistent visual disclaimer, intermittent audio disclaimer, or session-start-plus-three-hour disclosure; prohibition on unpredictable-interval reward mechanics; technically feasible measures to prevent sexually explicit content; reasonable measures to prevent emotional-dependence simulation; compliance with Part 13 minor privacy protections; and privacy/account management tools for minor users and their parents or guardians (with separate parental tool obligations for under-thirteen and thirteen-plus minors).
Subsection (3) imposes general consumer disclosure obligations applicable to all users: clear and conspicuous AI identity disclosure at the beginning of each day's first interaction, every three hours or as a persistent disclaimer, and in response to on-demand user prompts. Subsection (4) requires operators to maintain a crisis response protocol for suicidal ideation and self-harm, including crisis-service referral and escalation procedures. Subsection (5) prohibits operators from falsely representing AI outputs as provided by, endorsed by, or equivalent to licensed professional services. Subsection (6) requires annual reporting to the attorney general beginning July 1, 2027, covering crisis referral counts, protocols, and additional efficacy metrics, using evidence-based methods and excluding user personal information. The attorney general must post submitted data publicly. Subsection (7) is a savings clause preserving information access rights, trade secret protections, and constitutional limits on content moderation.
(7)(a)–(b) 11 Notwithstanding section 6-1-112, a person that violates section 6-1-1708 is subject to a civil penalty of five thousand dollars per violation. (b) Each output of a conversational artificial intelligence serviceConversational artificial intelligence service"Conversational artificial intelligence service" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications. "Conversational artificial intelligence service" does not include a software application, web interface, or computer program that: (I) Is primarily designed and marketed for use by a developer or researcher; (II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service; (III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance; (V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1708 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm; (VI) Is used by a business solely for internal purposes; (VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game; (VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment; (IX) Is used by a covered entity or business associate of a covered entity, as those terms are defined in the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. secs. 1320d to 1320d-9, for a service rendered to a covered entity; (X) Is used by an entity subject to the "Health Care Availability Act", article 64 of title 13; or (XI) Is a narrowly tailored educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction.C.R.S. § 6-1-1701(4.5) that is in violation of section 6-1-1708 constitutes a separate violation for the purposes of this subsection (7).
Subsection (7) establishes the enforcement mechanism for the conversational AI obligations created by § 6-1-1708. It overrides the default penalty structure in § 6-1-112 and sets a civil penalty of $5,000 per violation. Each output of a conversational AI service that violates § 6-1-1708 constitutes a separate violation, creating potentially significant per-output penalty exposure for operators. Enforcement is by the attorney general; no private right of action is created.