WHAT THIS BILL REGULATES · 6 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.
(14)(xlix) SECTION 14–1330 OF THIS ARTICLE; OR
This provision amends the enumerated list of statutes whose violation constitutes an unfair, abusive, or deceptive trade practice under Maryland's Consumer Protection Act. By adding § 14–1330 to the list, any violation of the companion chatbot regulation is automatically enforceable under Title 13's enforcement and penalty framework.
(A)(1)–(10) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED. (2) "ARTIFICIAL INTELLIGENCEArtificial intelligence"Artificial intelligence" has the meaning stated in § 15–10B–05.1 of the Insurance Article.Md. Code, Com. Law § 14–1330(A)(2)" HAS THE MEANING STATED IN § 15–10B–05.1 OF THE INSURANCE ARTICLE. (3) (I) "COMPANION CHATBOTCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human–like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include: 1. A bot that is used by a business entity only for customer service, technical assistance, business analytics, or internal research; 2. A bot that: A. Is a feature of a video game, service, system, or application that is not a companion chatbot; B. Is limited to replies related to the video game, service, system, or application; and C. Does not share content related to mental health, self–harm, suicidal ideation, suicide, or sexually explicit conduct; or 3. A bot that is designed for business productivity or internal business use; or 4. A consumer electronic device that: A. Functions as a speaker and a voice command interface; B. Acts as a voice–activated virtual assistant; C. Does not sustain a relationship across multiple interactions; and D. Does not generate outputs that are likely to elicit emotional responses from the user.Md. Code, Com. Law § 14–1330(A)(3)" MEANS AN ARTIFICIAL INTELLIGENCEArtificial intelligence"Artificial intelligence" has the meaning stated in § 15–10B–05.1 of the Insurance Article.Md. Code, Com. Law § 14–1330(A)(2) SYSTEM WITH A NATURAL LANGUAGE INTERFACE THAT PROVIDES ADAPTIVE, HUMAN–LIKE RESPONSES TO USER INPUTS AND IS CAPABLE OF MEETING A USER'S SOCIAL NEEDS, INCLUDING BY EXHIBITING ANTHROPOMORPHIC FEATURES AND BEING ABLE TO SUSTAIN A RELATIONSHIP ACROSS MULTIPLE INTERACTIONS. (II) "COMPANION CHATBOTCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human–like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include: 1. A bot that is used by a business entity only for customer service, technical assistance, business analytics, or internal research; 2. A bot that: A. Is a feature of a video game, service, system, or application that is not a companion chatbot; B. Is limited to replies related to the video game, service, system, or application; and C. Does not share content related to mental health, self–harm, suicidal ideation, suicide, or sexually explicit conduct; or 3. A bot that is designed for business productivity or internal business use; or 4. A consumer electronic device that: A. Functions as a speaker and a voice command interface; B. Acts as a voice–activated virtual assistant; C. Does not sustain a relationship across multiple interactions; and D. Does not generate outputs that are likely to elicit emotional responses from the user.Md. Code, Com. Law § 14–1330(A)(3)" DOES NOT INCLUDE: 1. A BOT THAT IS USED BY A BUSINESS ENTITY ONLY FOR CUSTOMER SERVICE, TECHNICAL ASSISTANCE, BUSINESS ANALYTICS, OR INTERNAL RESEARCH; 2. A BOT THAT: A. IS A FEATURE OF A VIDEO GAMEVideo game"Video game" means a game played on an electronic device that: (I) Utilizes a computer, a microprocessor, or similar electronic circuitry and a monitor, or that is designed to be played using a television or a computer monitor; and (II) Interacts with the individual playing the game, including through a chatbot.Md. Code, Com. Law § 14–1330(A)(10), SERVICE, SYSTEM, OR APPLICATION THAT IS NOT A COMPANION CHATBOTCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human–like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include: 1. A bot that is used by a business entity only for customer service, technical assistance, business analytics, or internal research; 2. A bot that: A. Is a feature of a video game, service, system, or application that is not a companion chatbot; B. Is limited to replies related to the video game, service, system, or application; and C. Does not share content related to mental health, self–harm, suicidal ideation, suicide, or sexually explicit conduct; or 3. A bot that is designed for business productivity or internal business use; or 4. A consumer electronic device that: A. Functions as a speaker and a voice command interface; B. Acts as a voice–activated virtual assistant; C. Does not sustain a relationship across multiple interactions; and D. Does not generate outputs that are likely to elicit emotional responses from the user.Md. Code, Com. Law § 14–1330(A)(3); B. IS LIMITED TO REPLIES RELATED TO THE VIDEO GAMEVideo game"Video game" means a game played on an electronic device that: (I) Utilizes a computer, a microprocessor, or similar electronic circuitry and a monitor, or that is designed to be played using a television or a computer monitor; and (II) Interacts with the individual playing the game, including through a chatbot.Md. Code, Com. Law § 14–1330(A)(10), SERVICE, SYSTEM, OR APPLICATION; AND C. DOES NOT SHARE CONTENT RELATED TO MENTAL HEALTH, SELF–HARM, SUICIDAL IDEATION, SUICIDE, OR SEXUALLY EXPLICIT CONDUCTSexually explicit conduct"Sexually explicit conduct" has the meaning stated in 18 U.S.C. § 2256.Md. Code, Com. Law § 14–1330(A)(9); OR 3. A BOT THAT IS DESIGNED FOR BUSINESS PRODUCTIVITY OR INTERNAL BUSINESS USE; OR 4. A CONSUMER ELECTRONIC DEVICE THAT: A. FUNCTIONS AS A SPEAKER AND A VOICE COMMAND INTERFACE; B. ACTS AS A VOICE–ACTIVATED VIRTUAL ASSISTANT; C. DOES NOT SUSTAIN A RELATIONSHIP ACROSS MULTIPLE INTERACTIONS; AND D. DOES NOT GENERATE OUTPUTS THAT ARE LIKELY TO ELICIT EMOTIONAL RESPONSES FROM THE USER. (4) "DE–IDENTIFIED DATADe–identified data"De–identified data" has the meaning stated in § 14–4401 of this title.Md. Code, Com. Law § 14–1330(A)(4)" HAS THE MEANING STATED IN § 14–4401 OF THIS TITLE. (5) "MINOR USERMinor user"Minor user" means a user of a companion chatbot that an operator knows or reasonably should know is a minor.Md. Code, Com. Law § 14–1330(A)(5)" MEANS A USER OF A COMPANION CHATBOTCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human–like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include: 1. A bot that is used by a business entity only for customer service, technical assistance, business analytics, or internal research; 2. A bot that: A. Is a feature of a video game, service, system, or application that is not a companion chatbot; B. Is limited to replies related to the video game, service, system, or application; and C. Does not share content related to mental health, self–harm, suicidal ideation, suicide, or sexually explicit conduct; or 3. A bot that is designed for business productivity or internal business use; or 4. A consumer electronic device that: A. Functions as a speaker and a voice command interface; B. Acts as a voice–activated virtual assistant; C. Does not sustain a relationship across multiple interactions; and D. Does not generate outputs that are likely to elicit emotional responses from the user.Md. Code, Com. Law § 14–1330(A)(3) THAT AN OPERATOROperator"Operator" means a person who makes a companion chatbot available to a user in the State.Md. Code, Com. Law § 14–1330(A)(7) KNOWS OR REASONABLY SHOULD KNOW IS A MINOR. (6) "OFFICEOffice"Office" means the Office of Suicide Prevention in the Maryland Department of Health.Md. Code, Com. Law § 14–1330(A)(6)" MEANS THE OFFICE OF SUICIDE PREVENTION IN THE MARYLAND DEPARTMENT OF HEALTH. (7) "OPERATOROperator"Operator" means a person who makes a companion chatbot available to a user in the State.Md. Code, Com. Law § 14–1330(A)(7)" MEANS A PERSON WHO MAKES A COMPANION CHATBOTCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human–like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include: 1. A bot that is used by a business entity only for customer service, technical assistance, business analytics, or internal research; 2. A bot that: A. Is a feature of a video game, service, system, or application that is not a companion chatbot; B. Is limited to replies related to the video game, service, system, or application; and C. Does not share content related to mental health, self–harm, suicidal ideation, suicide, or sexually explicit conduct; or 3. A bot that is designed for business productivity or internal business use; or 4. A consumer electronic device that: A. Functions as a speaker and a voice command interface; B. Acts as a voice–activated virtual assistant; C. Does not sustain a relationship across multiple interactions; and D. Does not generate outputs that are likely to elicit emotional responses from the user.Md. Code, Com. Law § 14–1330(A)(3) AVAILABLE TO A USER IN THE STATE. (8) (I) "PERSONAL DATAPersonal data"Personal data" means any information that is linked or can be reasonably linked to an identified or identifiable consumer. "Personal data" does not include: 1. De–identified data; or 2. Publicly available information.Md. Code, Com. Law § 14–1330(A)(8)" MEANS ANY INFORMATION THAT IS LINKED OR CAN BE REASONABLY LINKED TO AN IDENTIFIED OR IDENTIFIABLE CONSUMER. (II) "PERSONAL DATAPersonal data"Personal data" means any information that is linked or can be reasonably linked to an identified or identifiable consumer. "Personal data" does not include: 1. De–identified data; or 2. Publicly available information.Md. Code, Com. Law § 14–1330(A)(8)" DOES NOT INCLUDE: 1. DE–IDENTIFIED DATADe–identified data"De–identified data" has the meaning stated in § 14–4401 of this title.Md. Code, Com. Law § 14–1330(A)(4); OR 2. PUBLICLY AVAILABLE INFORMATION. (9) "SEXUALLY EXPLICIT CONDUCTSexually explicit conduct"Sexually explicit conduct" has the meaning stated in 18 U.S.C. § 2256.Md. Code, Com. Law § 14–1330(A)(9)" HAS THE MEANING STATED IN 18 U.S.C. § 2256. (10) "VIDEO GAMEVideo game"Video game" means a game played on an electronic device that: (I) Utilizes a computer, a microprocessor, or similar electronic circuitry and a monitor, or that is designed to be played using a television or a computer monitor; and (II) Interacts with the individual playing the game, including through a chatbot.Md. Code, Com. Law § 14–1330(A)(10)" MEANS A GAME PLAYED ON AN ELECTRONIC DEVICE THAT: (I) UTILIZES A COMPUTER, A MICROPROCESSOR, OR SIMILAR ELECTRONIC CIRCUITRY AND A MONITOR, OR THAT IS DESIGNED TO BE PLAYED USING A TELEVISION OR A COMPUTER MONITOR; AND (II) INTERACTS WITH THE INDIVIDUAL PLAYING THE GAME, INCLUDING THROUGH A CHATBOT.
Subsection (A) establishes the defined terms for the companion chatbot regulatory framework. Key definitions include companion chatbot, which covers AI systems with natural language interfaces capable of sustaining relationships across multiple interactions, with carve-outs for business-only bots, video game features, business productivity tools, and voice-activated virtual assistants. The minor user definition uses a knowledge-or-constructive-knowledge standard. The bill also introduces a personal data definition excluding de-identified data and publicly available information.
(B)(1)–(3) 1 AN OPERATOROperator"Operator" means a person who makes a companion chatbot available to a user in the State.Md. Code, Com. Law § 14–1330(A)(7) SHALL ESTABLISH AND MAINTAIN A PROTOCOL FOR PREVENTING A COMPANION CHATBOTCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human–like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include: 1. A bot that is used by a business entity only for customer service, technical assistance, business analytics, or internal research; 2. A bot that: A. Is a feature of a video game, service, system, or application that is not a companion chatbot; B. Is limited to replies related to the video game, service, system, or application; and C. Does not share content related to mental health, self–harm, suicidal ideation, suicide, or sexually explicit conduct; or 3. A bot that is designed for business productivity or internal business use; or 4. A consumer electronic device that: A. Functions as a speaker and a voice command interface; B. Acts as a voice–activated virtual assistant; C. Does not sustain a relationship across multiple interactions; and D. Does not generate outputs that are likely to elicit emotional responses from the user.Md. Code, Com. Law § 14–1330(A)(3) FROM PRODUCING OR PRESENTING CONTENT CONCERNING SELF–HARM, SUICIDAL IDEATION, OR SUICIDE TO A USER WHO EXPRESSES THOUGHTS OF SELF–HARM OR SUICIDAL IDEATION TO THE COMPANION CHATBOTCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human–like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include: 1. A bot that is used by a business entity only for customer service, technical assistance, business analytics, or internal research; 2. A bot that: A. Is a feature of a video game, service, system, or application that is not a companion chatbot; B. Is limited to replies related to the video game, service, system, or application; and C. Does not share content related to mental health, self–harm, suicidal ideation, suicide, or sexually explicit conduct; or 3. A bot that is designed for business productivity or internal business use; or 4. A consumer electronic device that: A. Functions as a speaker and a voice command interface; B. Acts as a voice–activated virtual assistant; C. Does not sustain a relationship across multiple interactions; and D. Does not generate outputs that are likely to elicit emotional responses from the user.Md. Code, Com. Law § 14–1330(A)(3). (2) THE PROTOCOL REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION SHALL INCLUDE A NOTIFICATION TO A USER WHO EXPRESSES THOUGHTS OF SELF–HARM OR SUICIDAL IDEATION THAT REFERS THE USER TO A CRISIS SERVICE PROVIDER, INCLUDING: (I) THE MARYLAND BEHAVIORAL HEALTH CRISIS RESPONSE SYSTEM; AND (II) THE NATIONAL 9–8–8 SUICIDE AND CRISIS LIFELINE. (3) AN OPERATOROperator"Operator" means a person who makes a companion chatbot available to a user in the State.Md. Code, Com. Law § 14–1330(A)(7) SHALL USE EVIDENCE–BASED METHODS FOR DETECTING WHEN A USER IS EXPRESSING THOUGHTS OF SELF–HARM OR SUICIDAL IDEATION TO A COMPANION CHATBOTCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human–like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include: 1. A bot that is used by a business entity only for customer service, technical assistance, business analytics, or internal research; 2. A bot that: A. Is a feature of a video game, service, system, or application that is not a companion chatbot; B. Is limited to replies related to the video game, service, system, or application; and C. Does not share content related to mental health, self–harm, suicidal ideation, suicide, or sexually explicit conduct; or 3. A bot that is designed for business productivity or internal business use; or 4. A consumer electronic device that: A. Functions as a speaker and a voice command interface; B. Acts as a voice–activated virtual assistant; C. Does not sustain a relationship across multiple interactions; and D. Does not generate outputs that are likely to elicit emotional responses from the user.Md. Code, Com. Law § 14–1330(A)(3).
(B)(4) 2 AN OPERATOROperator"Operator" means a person who makes a companion chatbot available to a user in the State.Md. Code, Com. Law § 14–1330(A)(7) SHALL PUBLISH THE PROTOCOL REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION ON THE OPERATOROperator"Operator" means a person who makes a companion chatbot available to a user in the State.Md. Code, Com. Law § 14–1330(A)(7)'S WEBSITE.
Subsection (B) imposes the bill's core crisis-response obligations. Operators must establish and maintain a protocol preventing companion chatbots from producing or presenting self-harm, suicidal ideation, or suicide content to users who express such thoughts. The protocol must include crisis referral notifications to specific Maryland and national crisis services. Operators must use evidence-based detection methods and must publish the protocol on their website.
(C)(1) 3 AN OPERATOROperator"Operator" means a person who makes a companion chatbot available to a user in the State.Md. Code, Com. Law § 14–1330(A)(7) SHALL ESTABLISH AND MAINTAIN A PROTOCOL FOR PREVENTING A COMPANION CHATBOTCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human–like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include: 1. A bot that is used by a business entity only for customer service, technical assistance, business analytics, or internal research; 2. A bot that: A. Is a feature of a video game, service, system, or application that is not a companion chatbot; B. Is limited to replies related to the video game, service, system, or application; and C. Does not share content related to mental health, self–harm, suicidal ideation, suicide, or sexually explicit conduct; or 3. A bot that is designed for business productivity or internal business use; or 4. A consumer electronic device that: A. Functions as a speaker and a voice command interface; B. Acts as a voice–activated virtual assistant; C. Does not sustain a relationship across multiple interactions; and D. Does not generate outputs that are likely to elicit emotional responses from the user.Md. Code, Com. Law § 14–1330(A)(3) FROM PRODUCING OR PRESENTING TO A MINOR USERMinor user"Minor user" means a user of a companion chatbot that an operator knows or reasonably should know is a minor.Md. Code, Com. Law § 14–1330(A)(5) CONTENT CONCERNING SEXUALLY EXPLICIT CONDUCTSexually explicit conduct"Sexually explicit conduct" has the meaning stated in 18 U.S.C. § 2256.Md. Code, Com. Law § 14–1330(A)(9), INCLUDING: (I) VISUAL DEPICTIONS OF SEXUALLY EXPLICIT CONDUCTSexually explicit conduct"Sexually explicit conduct" has the meaning stated in 18 U.S.C. § 2256.Md. Code, Com. Law § 14–1330(A)(9); AND (II) CONTENT SUGGESTING THAT THE MINOR USERMinor user"Minor user" means a user of a companion chatbot that an operator knows or reasonably should know is a minor.Md. Code, Com. Law § 14–1330(A)(5) SHOULD ENGAGE IN SEXUALLY EXPLICIT CONDUCTSexually explicit conduct"Sexually explicit conduct" has the meaning stated in 18 U.S.C. § 2256.Md. Code, Com. Law § 14–1330(A)(9).
(C)(2) 4 AN OPERATOROperator"Operator" means a person who makes a companion chatbot available to a user in the State.Md. Code, Com. Law § 14–1330(A)(7) SHALL PUBLISH THE PROTOCOL REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION ON THE OPERATOROperator"Operator" means a person who makes a companion chatbot available to a user in the State.Md. Code, Com. Law § 14–1330(A)(7)'S WEBSITE.
Subsection (C) requires operators to establish and maintain a protocol preventing companion chatbots from producing or presenting sexually explicit content to minor users. This covers both visual depictions of sexually explicit conduct and content suggesting that the minor user should engage in sexually explicit conduct. The protocol must be published on the operator's website.
(D) 5 AN OPERATOROperator"Operator" means a person who makes a companion chatbot available to a user in the State.Md. Code, Com. Law § 14–1330(A)(7) SHALL DISPLAY A CLEAR AND CONSPICUOUS WARNING TO A USER STATING THAT COMPANION CHATBOTSCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human–like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include: 1. A bot that is used by a business entity only for customer service, technical assistance, business analytics, or internal research; 2. A bot that: A. Is a feature of a video game, service, system, or application that is not a companion chatbot; B. Is limited to replies related to the video game, service, system, or application; and C. Does not share content related to mental health, self–harm, suicidal ideation, suicide, or sexually explicit conduct; or 3. A bot that is designed for business productivity or internal business use; or 4. A consumer electronic device that: A. Functions as a speaker and a voice command interface; B. Acts as a voice–activated virtual assistant; C. Does not sustain a relationship across multiple interactions; and D. Does not generate outputs that are likely to elicit emotional responses from the user.Md. Code, Com. Law § 14–1330(A)(3): (1) ARE ARTIFICIALLY GENERATED AND NOT HUMAN; AND (2) MAY NOT BE SUITABLE FOR SOME MINORS.
Note: Subsection (D) as originally introduced required a general AI identity warning to all users. The committee amendment strikes subsection (D) and replaces it with subsection (E), which establishes a more detailed dual-format warning system. However, subsection (D) text remains in the engrossed bill (not struck out), stating that operators must display a clear and conspicuous warning that companion chatbots are artificially generated and not human and may not be suitable for some minors. This appears to be superseded or supplemented by the more specific requirements in amended subsection (E).
(E) 6 A DEVELOPER SHALL ESTABLISH AND PROVIDE TO A USER OF THE OPERATOROperator"Operator" means a person who makes a companion chatbot available to a user in the State.Md. Code, Com. Law § 14–1330(A)(7)'S CHATBOT CLEAR AND CONSPICUOUS WARNINGS THAT THE CHATBOT IS ARTIFICIALLY GENERATED AND NOT HUMAN THROUGH THE USE OF BOTH: (1) A STATIC, PERSISTENT WARNING THAT CONTINUOUSLY APPEARS ON THE SCREEN; AND (2) A DYNAMIC WARNING THAT POPS UP ON THE SCREEN AND REQUIRES A USER TO RESPOND: (I) AT THE START OF THE USER'S INTERACTION WITH THE CHATBOT; (II) AFTER EVERY HOUR OF THE USER'S CONTINUOUS INTERACTION WITH THE CHATBOT; AND (III) WHEN PROMPTED BY THE USER IN A MANNER THAT QUESTIONS HOW THE CHATBOT FUNCTIONS OR PROVIDES RESPONSES.
Amended subsection (E) replaces the original minor-specific 3-hour warning with a comprehensive dual-format warning system applicable to all users. A developer must establish and provide clear and conspicuous warnings that the chatbot is artificially generated and not human through both: (1) a static, persistent warning that continuously appears on the screen, and (2) a dynamic pop-up warning requiring user response at the start of the interaction, after every hour of continuous use, and when the user asks how the chatbot functions or provides responses. This is significantly more prescriptive than California SB 243's disclosure requirements and imposes the obligation on the developer rather than the operator.
(F)(1) 7 A CONTROLLER SHALL LIMIT THE COLLECTION OF PERSONAL DATAPersonal data"Personal data" means any information that is linked or can be reasonably linked to an identified or identifiable consumer. "Personal data" does not include: 1. De–identified data; or 2. Publicly available information.Md. Code, Com. Law § 14–1330(A)(8) TO WHAT IS REASONABLY NECESSARY AND PROPORTIONATE TO SATISFY THE REQUIREMENTS OF THIS SUBTITLE.
(F)(2) 8 A CONTROLLER MAY NOT USE DATA REGARDING EMOTIONAL STATE OR MENTAL HEALTH VULNERABILITIES TO TAILOR ALGORITHMS TO INCREASE THE DURATION OR FREQUENCY OF USE OF A CHATBOT.
Subsection (F) imposes two data-related obligations. First, operators (termed 'controller' in this subsection) must limit personal data collection to what is reasonably necessary and proportionate to satisfy the requirements of the subtitle — a data minimization requirement. Second, operators may not use data regarding a user's emotional state or mental health vulnerabilities to tailor algorithms to increase the duration or frequency of chatbot use — a prohibition on exploitative engagement optimization using sensitive emotional data.
(G)(1)–(2) 9 A CONTROLLER SHALL ESTABLISH AND MAINTAIN A COMPLAINT SYSTEM THAT ENABLES A USER TO REPORT CONTENT PRODUCED OR PRESENTED BY A CHATBOT THAT VIOLATES THIS SECTION. (2) WITHIN 3 CALENDAR DAYS AFTER A COMPLAINT IS FILED UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE CONTROLLER SHALL: (I) REVIEW THE CONTENT REPORTED; (II) TAKE ALL REASONABLE STEPS TO: 1. REMOVE ANY CONTENT THAT VIOLATES THIS SECTION; AND 2. PREVENT ANY FURTHER PRESENTATION OR PRODUCTION OF THE CONTENT IN A MANNER THAT VIOLATES THIS SECTION; AND (III) REPORT THE COMPLAINT AND THE RESULTS OF THE REVIEW TO THE OFFICEOffice"Office" means the Office of Suicide Prevention in the Maryland Department of Health.Md. Code, Com. Law § 14–1330(A)(6).
Subsection (G) requires operators (again termed 'controller') to establish and maintain a complaint system enabling users to report content that violates this section. Within 3 calendar days of a complaint, the operator must review the reported content, take all reasonable steps to remove violating content and prevent further production of such content, and report the complaint and review results to the Office of Suicide Prevention. This is a distinctive complaint-response mechanism not present in California SB 243.
(H)(1)–(2) 10 ON OR BEFORE MARCH 1 EACH YEAR, BEGINNING IN 2027, AN OPERATOROperator"Operator" means a person who makes a companion chatbot available to a user in the State.Md. Code, Com. Law § 14–1330(A)(7) SHALL REPORT TO THE OFFICEOffice"Office" means the Office of Suicide Prevention in the Maryland Department of Health.Md. Code, Com. Law § 14–1330(A)(6): (I) INFORMATION ON THE PROTOCOLS REQUIRED UNDER SUBSECTIONS (B) AND (C) OF THIS SECTION; (II) THE NUMBER OF TIMES THE OPERATOROperator"Operator" means a person who makes a companion chatbot available to a user in the State.Md. Code, Com. Law § 14–1330(A)(7) HAS ISSUED A NOTIFICATION UNDER SUBSECTION (B)(2) OF THIS SECTION; AND (III) DETAILS ABOUT THE METHODS USED UNDER SUBSECTION (B)(3) OF THIS SECTION; AND (IV) ALL COMPLAINTS FILED UNDER SUBSECTION (G) OF THIS SECTION, INCLUDING THE RESULTS OF THE REVIEW OF EACH COMPLAINT AND ANY FOLLOW–UP ACTIONS TAKEN. (2) THE REPORT REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION MAY NOT CONTAIN ANY PERSONAL IDENTIFYING INFORMATION ABOUT A USER.
(H)(3) ON OR BEFORE JULY 1 EACH YEAR, BEGINNING IN 2027, THE OFFICEOffice"Office" means the Office of Suicide Prevention in the Maryland Department of Health.Md. Code, Com. Law § 14–1330(A)(6) SHALL: (I) COMPILE DATA FROM THE REPORTS SUBMITTED UNDER PARAGRAPH (1) OF THIS SUBSECTION FOR THE IMMEDIATELY PRECEDING CALENDAR YEAR; AND (II) PUBLISH THE DATA ON THE OFFICEOffice"Office" means the Office of Suicide Prevention in the Maryland Department of Health.Md. Code, Com. Law § 14–1330(A)(6)'S WEBSITE.
Subsection (H) establishes annual reporting obligations. By March 1 each year beginning in 2027, operators must report to the Office of Suicide Prevention on their self-harm/suicide and sexually explicit content prevention protocols, crisis referral notification counts, evidence-based detection methods, and all user complaints and their resolution. Reports may not contain personal identifying information. The Office must compile and publish the data on its website by July 1 each year.
(I)(1) A VIOLATION OF THIS SECTION IS: (I) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE PRACTICE WITHIN THE MEANING OF TITLE 13 OF THIS ARTICLE; AND (II) SUBJECT TO THE ENFORCEMENT AND PENALTY PROVISIONS CONTAINED IN TITLE 13 OF THIS ARTICLE, EXCEPT § 13–411 OF THIS ARTICLE.
(I)(2) 11 IN ADDITION TO THE REMEDIES CONTAINED IN TITLE 13 OF THIS ARTICLE, A CHATBOT SHALL BE CONSIDERED A PRODUCT FOR WHICH: 1. AN OPERATOROperator"Operator" means a person who makes a companion chatbot available to a user in the State.Md. Code, Com. Law § 14–1330(A)(7) AND A DEVELOPER HAVE AN AFFIRMATIVE DUTY TO ENSURE DOES NOT INJURE OR HARM A USER; 2. AN OPERATOROperator"Operator" means a person who makes a companion chatbot available to a user in the State.Md. Code, Com. Law § 14–1330(A)(7) OR A DEVELOPER MAY BE HELD STRICTLY LIABLE FOR CAUSING INJURY OR HARM TO A USER; AND 3. AN INDIVIDUAL MAY BRING AN ACTION FOR A DESIGN DEFECT, A MANUFACTURING DEFECT, OR A MARKETING DEFECT.
Subsection (I) establishes the enforcement framework. Violations are unfair, abusive, or deceptive trade practices under Title 13 of the Commercial Law Article, subject to that title's enforcement and penalty provisions (excluding § 13–411). The amendment adds a product liability framework: a chatbot is considered a product for which operators and developers have an affirmative duty to ensure does not injure or harm a user, operators or developers may be held strictly liable for injury or harm, and individuals may bring actions for design defect, manufacturing defect, or marketing defect. This product liability treatment is a significant departure from typical AI legislation.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2026.
Section 2 of the Act establishes October 1, 2026 as the effective date for all provisions.