Plain Language
Covered entities must require all chatbot users to create accounts. For existing accounts as of August 28, 2026, covered entities must freeze the account and require re-verification before restoring access. For new accounts, age verification must occur at account creation. All users must be classified as minor or adult. Importantly, self-certification (e.g., clicking 'I am 18+' or entering a birth date) is explicitly insufficient — the process must use government ID or another commercially reasonable method that can reliably determine adult status. IP-address or hardware-identifier sharing with a verified adult user also does not qualify. Covered entities may use third-party verification services but remain fully liable. Age verification data must be subject to data minimization, encryption, retention limits, and a prohibition on sharing, transferring, or selling the data to any other entity. Periodic re-verification of existing accounts is also required.
Statutory Text
5. (1) A covered entity shall require each individual accessing an artificial intelligence chatbot to make a user account in order to use or otherwise interact with such chatbot. (2) (a) With respect to each user account of an artificial intelligence chatbot that exists as of August 28, 2026, a covered entity shall: a. On such date, freeze any such account; b. In order to restore the functionality of such account, require that the user provide age data that is verifiable using a reasonable age verification process, subject to paragraph (d) of this subdivision; and c. Using such age data, classify each user as a minor or an adult. (b) At the time an individual creates a new user account to use or interact with an artificial intelligence chatbot, a covered entity shall: a. Request age data from the individual; b. Verify the individual's age using a reasonable age verification process, subject to paragraph (d) of this subdivision; and c. Using such age data, classify each user as a minor or an adult. (c) A covered entity shall periodically review previously verified user accounts using a reasonable age verification process, subject to paragraph (d) of this subdivision, to ensure compliance with this section. (d) For purposes of subparagraph b. of paragraph (a) of this subdivision, subparagraph b. of paragraph (b) of this subdivision, and paragraph (c) of this subdivision, a covered entity may contract with a third party to employ reasonable age verification measures as part of the covered entity's reasonable age verification process, but the use of such third party shall not relieve the covered entity of its obligations under this section or from liability under this section. (e) A covered entity shall: a. Establish, implement, and maintain reasonable data security to: (i) Limit collection of personal data to that which is minimally necessary to verify a user's age or maintain compliance with this section; and (ii) Protect such age verification data against unauthorized access; b. Protect such age verification data against unauthorized access; c. Protect the integrity and confidentiality of such data by only transmitting such data using industry-standard encryption protocols; d. Retain such data for no longer than is reasonably necessary to verify a user's age or maintain compliance with this section; and e. Not share with, transfer to, or sell to any other entity such data.