| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Assembly | |
| 1 | + | Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 410Introduced by Assembly Member WilsonFebruary 04, 2025An act to amend Sections 17940 and 17941 17940, 17941, and 17942 of the Business and Professions Code, relating to bots.LEGISLATIVE COUNSEL'S DIGESTAB 410, as amended, Wilson. Bots: disclosure.Existing law makes it unlawful for any person to use a bot to communicate or interact with another person in this state online with the intent to mislead the other person about its artificial identity for the purposes of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election, unless the person using the bot discloses that it is a bot. Existing law defines a bot as an automated online account where all or substantially all of the actions or posts of that account are not the result of a person.This bill would instead make it unlawful for any person to use a bot to communicate or interact with another person in this state online, unless the person using the bot discloses that it is a bot, and would require a person using a bot to disclose to any person with whom it interacts before any interaction takes place that it is a bot if asked or prompted by another person. the bot is a bot and not a human being, to answer truthfully any query from a person regarding its identity as a bot or a human, and to refrain from attempting to mislead a person regarding its identity as a bot. The bill would redefine bot to mean an automated online account where all or or application with respect to which substantially all of the actions or posts of that account or application are not the result of a person human being or are the result of generative artificial intelligence, as defined. The bill would exempt from its provisions a bot that is required to comply with a more prescriptive disclosure scheme.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 17940 of the Business and Professions Code is amended to read:17940. For purposes of this chapter:(a) Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) Bot means an automated online account where all or or application with respect to which substantially all of the actions or posts of that account or application are not the result of a person human being or are the result of generative artificial intelligence.(c) Generative artificial intelligence means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text, and other digital content. (d) Online means appearing on any public-facing internet website, web application, or digital application, including a social network or publication.(e) Online platform means any public-facing internet website, web application, or digital application, including a social network or publication, that has 10,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.(f) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity or any combination thereof.SEC. 2.Section 17941 of the Business and Professions Code is amended to read:17941.(a)It shall be unlawful for any person to use a bot to communicate or interact with another person in California online. A person using a bot shall not be liable under this section if the person discloses that it is a bot. A person using a bot shall disclose that it is a bot if asked or prompted by another person.(b)The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.SEC. 2. Section 17941 of the Business and Professions Code is amended to read:17941. (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot.(b) A bot shall do all of the following:(1) Disclose to any person with whom it interacts before any interaction takes place that the bot is a bot and not a human being.(2) Answer truthfully any query from a person regarding its identity as a bot or a human.(3) Refrain from attempting to mislead a person regarding its identity as a bot.(b)(c) The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.(d) If a bot is required by another law to comply with a more prescriptive disclosure scheme than this chapter, the bot is not required to comply with this chapter.SEC. 3. Section 17942 of the Business and Professions Code is amended to read:17942. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law.(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(c)This chapter does not impose a duty on service providers of online platforms, including, but not limited to, Web hosting and Internet service providers. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 410Introduced by Assembly Member WilsonFebruary 04, 2025An act to amend Sections 17940 and 17941 17940, 17941, and 17942 of the Business and Professions Code, relating to bots.LEGISLATIVE COUNSEL'S DIGESTAB 410, as amended, Wilson. Bots: disclosure.Existing law makes it unlawful for any person to use a bot to communicate or interact with another person in this state online with the intent to mislead the other person about its artificial identity for the purposes of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election, unless the person using the bot discloses that it is a bot. Existing law defines a bot as an automated online account where all or substantially all of the actions or posts of that account are not the result of a person.This bill would instead make it unlawful for any person to use a bot to communicate or interact with another person in this state online, unless the person using the bot discloses that it is a bot, and would require a person using a bot to disclose to any person with whom it interacts before any interaction takes place that it is a bot if asked or prompted by another person. the bot is a bot and not a human being, to answer truthfully any query from a person regarding its identity as a bot or a human, and to refrain from attempting to mislead a person regarding its identity as a bot. The bill would redefine bot to mean an automated online account where all or or application with respect to which substantially all of the actions or posts of that account or application are not the result of a person human being or are the result of generative artificial intelligence, as defined. The bill would exempt from its provisions a bot that is required to comply with a more prescriptive disclosure scheme.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 24, 2025 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 03, 2025 | |
| 8 | 7 | Amended IN Assembly March 24, 2025 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 410 | |
| 15 | 14 | ||
| 16 | - | Introduced by Assembly Member | |
| 15 | + | Introduced by Assembly Member WilsonFebruary 04, 2025 | |
| 17 | 16 | ||
| 18 | - | Introduced by Assembly Member Wilson | |
| 17 | + | Introduced by Assembly Member Wilson | |
| 19 | 18 | February 04, 2025 | |
| 20 | 19 | ||
| 21 | - | An act to amend Sections 17940, 17941, and 17942 of | |
| 20 | + | An act to amend Sections 17940 and 17941 17940, 17941, and 17942 of the Business and Professions Code, relating to bots. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | AB 410, as amended, Wilson. Bots: disclosure. | |
| 28 | 27 | ||
| 29 | - | Existing law makes it unlawful for any person to use a bot to communicate or interact with another person in this state online with the intent to mislead the other person about its artificial identity for the purposes of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election, unless the person using the bot discloses that it is a bot. Existing law defines a bot as an automated online account where all or substantially all of the actions or posts of that account are not the result of a person.This bill would | |
| 28 | + | Existing law makes it unlawful for any person to use a bot to communicate or interact with another person in this state online with the intent to mislead the other person about its artificial identity for the purposes of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election, unless the person using the bot discloses that it is a bot. Existing law defines a bot as an automated online account where all or substantially all of the actions or posts of that account are not the result of a person.This bill would instead make it unlawful for any person to use a bot to communicate or interact with another person in this state online, unless the person using the bot discloses that it is a bot, and would require a person using a bot to disclose to any person with whom it interacts before any interaction takes place that it is a bot if asked or prompted by another person. the bot is a bot and not a human being, to answer truthfully any query from a person regarding its identity as a bot or a human, and to refrain from attempting to mislead a person regarding its identity as a bot. The bill would redefine bot to mean an automated online account where all or or application with respect to which substantially all of the actions or posts of that account or application are not the result of a person human being or are the result of generative artificial intelligence, as defined. The bill would exempt from its provisions a bot that is required to comply with a more prescriptive disclosure scheme. | |
| 30 | 29 | ||
| 31 | 30 | Existing law makes it unlawful for any person to use a bot to communicate or interact with another person in this state online with the intent to mislead the other person about its artificial identity for the purposes of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election, unless the person using the bot discloses that it is a bot. Existing law defines a bot as an automated online account where all or substantially all of the actions or posts of that account are not the result of a person. | |
| 32 | 31 | ||
| 33 | - | This bill would require a person who uses a bot to autonomously communicate with another to disclose ensure that the bot discloses to any person with whom it interacts before any interaction takes place the bot communicates when the bot first communicates with the person that the bot is a bot and not a human being, to answer answers truthfully any query from a person regarding its identity as a bot or a human, and to refrain refrains from attempting to mislead a person regarding its identity as a bot. The bill would redefine bot to mean an automated online account or application that a reasonable person could believe is a human being and with respect to which substantially all of the actions or posts of that account or application are not the result of a human being or are the result outputs of generative artificial intelligence, as defined. The bill would exempt from its provisions a person who uses a bot that is required to comply with a more prescriptive disclosure scheme. | |
| 34 | - | ||
| 35 | - | This bill would authorize the Attorney General, a district attorney, a county counsel, a city attorney, or a city prosecutor to bring a civil action to punish noncompliance, as prescribed. | |
| 32 | + | This bill would instead make it unlawful for any person to use a bot to communicate or interact with another person in this state online, unless the person using the bot discloses that it is a bot, and would require a person using a bot to disclose to any person with whom it interacts before any interaction takes place that it is a bot if asked or prompted by another person. the bot is a bot and not a human being, to answer truthfully any query from a person regarding its identity as a bot or a human, and to refrain from attempting to mislead a person regarding its identity as a bot. The bill would redefine bot to mean an automated online account where all or or application with respect to which substantially all of the actions or posts of that account or application are not the result of a person human being or are the result of generative artificial intelligence, as defined. The bill would exempt from its provisions a bot that is required to comply with a more prescriptive disclosure scheme. | |
| 36 | 33 | ||
| 37 | 34 | ## Digest Key | |
| 38 | 35 | ||
| 39 | 36 | ## Bill Text | |
| 40 | 37 | ||
| 41 | - | The people of the State of California do enact as follows:SECTION 1. Section 17940 of the Business and Professions Code is amended to read:17940. For purposes of this chapter:(a) Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) Bot means an automated online account or application | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 17940 of the Business and Professions Code is amended to read:17940. For purposes of this chapter:(a) Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) Bot means an automated online account where all or or application with respect to which substantially all of the actions or posts of that account or application are not the result of a person human being or are the result of generative artificial intelligence.(c) Generative artificial intelligence means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text, and other digital content. (d) Online means appearing on any public-facing internet website, web application, or digital application, including a social network or publication.(e) Online platform means any public-facing internet website, web application, or digital application, including a social network or publication, that has 10,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.(f) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity or any combination thereof.SEC. 2.Section 17941 of the Business and Professions Code is amended to read:17941.(a)It shall be unlawful for any person to use a bot to communicate or interact with another person in California online. A person using a bot shall not be liable under this section if the person discloses that it is a bot. A person using a bot shall disclose that it is a bot if asked or prompted by another person.(b)The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.SEC. 2. Section 17941 of the Business and Professions Code is amended to read:17941. (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot.(b) A bot shall do all of the following:(1) Disclose to any person with whom it interacts before any interaction takes place that the bot is a bot and not a human being.(2) Answer truthfully any query from a person regarding its identity as a bot or a human.(3) Refrain from attempting to mislead a person regarding its identity as a bot.(b)(c) The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.(d) If a bot is required by another law to comply with a more prescriptive disclosure scheme than this chapter, the bot is not required to comply with this chapter.SEC. 3. Section 17942 of the Business and Professions Code is amended to read:17942. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law.(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(c)This chapter does not impose a duty on service providers of online platforms, including, but not limited to, Web hosting and Internet service providers. | |
| 42 | 39 | ||
| 43 | 40 | The people of the State of California do enact as follows: | |
| 44 | 41 | ||
| 45 | 42 | ## The people of the State of California do enact as follows: | |
| 46 | 43 | ||
| 47 | - | SECTION 1. Section 17940 of the Business and Professions Code is amended to read:17940. For purposes of this chapter:(a) Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) Bot means an automated online account or application | |
| 44 | + | SECTION 1. Section 17940 of the Business and Professions Code is amended to read:17940. For purposes of this chapter:(a) Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) Bot means an automated online account where all or or application with respect to which substantially all of the actions or posts of that account or application are not the result of a person human being or are the result of generative artificial intelligence.(c) Generative artificial intelligence means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text, and other digital content. (d) Online means appearing on any public-facing internet website, web application, or digital application, including a social network or publication.(e) Online platform means any public-facing internet website, web application, or digital application, including a social network or publication, that has 10,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.(f) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity or any combination thereof. | |
| 48 | 45 | ||
| 49 | 46 | SECTION 1. Section 17940 of the Business and Professions Code is amended to read: | |
| 50 | 47 | ||
| 51 | 48 | ### SECTION 1. | |
| 52 | 49 | ||
| 53 | - | 17940. For purposes of this chapter:(a) Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) Bot means an automated online account or application | |
| 50 | + | 17940. For purposes of this chapter:(a) Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) Bot means an automated online account where all or or application with respect to which substantially all of the actions or posts of that account or application are not the result of a person human being or are the result of generative artificial intelligence.(c) Generative artificial intelligence means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text, and other digital content. (d) Online means appearing on any public-facing internet website, web application, or digital application, including a social network or publication.(e) Online platform means any public-facing internet website, web application, or digital application, including a social network or publication, that has 10,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.(f) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity or any combination thereof. | |
| 54 | 51 | ||
| 55 | - | 17940. For purposes of this chapter:(a) Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) Bot means an automated online account or application | |
| 52 | + | 17940. For purposes of this chapter:(a) Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) Bot means an automated online account where all or or application with respect to which substantially all of the actions or posts of that account or application are not the result of a person human being or are the result of generative artificial intelligence.(c) Generative artificial intelligence means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text, and other digital content. (d) Online means appearing on any public-facing internet website, web application, or digital application, including a social network or publication.(e) Online platform means any public-facing internet website, web application, or digital application, including a social network or publication, that has 10,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.(f) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity or any combination thereof. | |
| 56 | 53 | ||
| 57 | - | 17940. For purposes of this chapter:(a) Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) Bot means an automated online account or application | |
| 54 | + | 17940. For purposes of this chapter:(a) Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) Bot means an automated online account where all or or application with respect to which substantially all of the actions or posts of that account or application are not the result of a person human being or are the result of generative artificial intelligence.(c) Generative artificial intelligence means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text, and other digital content. (d) Online means appearing on any public-facing internet website, web application, or digital application, including a social network or publication.(e) Online platform means any public-facing internet website, web application, or digital application, including a social network or publication, that has 10,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.(f) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity or any combination thereof. | |
| 58 | 55 | ||
| 59 | 56 | ||
| 60 | 57 | ||
| 61 | 58 | 17940. For purposes of this chapter: | |
| 62 | 59 | ||
| 63 | 60 | (a) Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. | |
| 64 | 61 | ||
| 65 | - | (b) Bot means an automated online account or application | |
| 62 | + | (b) Bot means an automated online account where all or or application with respect to which substantially all of the actions or posts of that account or application are not the result of a person human being or are the result of generative artificial intelligence. | |
| 66 | 63 | ||
| 67 | - | (c) Generative artificial intelligence means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text, and other digital content. | |
| 64 | + | (c) Generative artificial intelligence means artificial intelligence that can generate derived synthetic content, including images, videos, audio, text, and other digital content. | |
| 68 | 65 | ||
| 69 | 66 | (d) Online means appearing on any public-facing internet website, web application, or digital application, including a social network or publication. | |
| 70 | 67 | ||
| 71 | 68 | (e) Online platform means any public-facing internet website, web application, or digital application, including a social network or publication, that has 10,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months. | |
| 72 | 69 | ||
| 73 | - | ||
| 74 | - | ||
| 75 | - | (f) | |
| 70 | + | (f) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity or any combination thereof. | |
| 76 | 71 | ||
| 77 | 72 | ||
| 78 | 73 | ||
| 79 | - | (e) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity or any combination thereof. | |
| 80 | 74 | ||
| 81 | - | SEC. 2. Section 17941 of the Business and Professions Code is amended to read:17941. (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot.(b) A bot person who uses a bot to autonomously communicate with another shall do ensure that the bot does all of the following:(1) Disclose Discloses to any person with whom it interacts before any interaction takes place the bot communicates when the bot first communicates with the person that the bot is a bot and not a human being.(2) Answer Answers truthfully any subsequent query from a person regarding its identity as a bot or a human.(3) Refrain Refrains from attempting to mislead a person regarding its identity as a bot.(c) The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.(d) If a person who uses a bot is required by another law to comply with a more prescriptive disclosure scheme than this chapter, the bot person is not required to comply with this chapter. | |
| 75 | + | ||
| 76 | + | (a)It shall be unlawful for any person to use a bot to communicate or interact with another person in California online. A person using a bot shall not be liable under this section if the person discloses that it is a bot. A person using a bot shall disclose that it is a bot if asked or prompted by another person. | |
| 77 | + | ||
| 78 | + | ||
| 79 | + | ||
| 80 | + | (b)The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot. | |
| 81 | + | ||
| 82 | + | ||
| 83 | + | ||
| 84 | + | SEC. 2. Section 17941 of the Business and Professions Code is amended to read:17941. (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot.(b) A bot shall do all of the following:(1) Disclose to any person with whom it interacts before any interaction takes place that the bot is a bot and not a human being.(2) Answer truthfully any query from a person regarding its identity as a bot or a human.(3) Refrain from attempting to mislead a person regarding its identity as a bot.(b)(c) The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.(d) If a bot is required by another law to comply with a more prescriptive disclosure scheme than this chapter, the bot is not required to comply with this chapter. | |
| 82 | 85 | ||
| 83 | 86 | SEC. 2. Section 17941 of the Business and Professions Code is amended to read: | |
| 84 | 87 | ||
| 85 | 88 | ### SEC. 2. | |
| 86 | 89 | ||
| 87 | - | 17941. (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot.(b) A bot | |
| 90 | + | 17941. (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot.(b) A bot shall do all of the following:(1) Disclose to any person with whom it interacts before any interaction takes place that the bot is a bot and not a human being.(2) Answer truthfully any query from a person regarding its identity as a bot or a human.(3) Refrain from attempting to mislead a person regarding its identity as a bot.(b)(c) The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.(d) If a bot is required by another law to comply with a more prescriptive disclosure scheme than this chapter, the bot is not required to comply with this chapter. | |
| 88 | 91 | ||
| 89 | - | 17941. (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot.(b) A bot | |
| 92 | + | 17941. (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot.(b) A bot shall do all of the following:(1) Disclose to any person with whom it interacts before any interaction takes place that the bot is a bot and not a human being.(2) Answer truthfully any query from a person regarding its identity as a bot or a human.(3) Refrain from attempting to mislead a person regarding its identity as a bot.(b)(c) The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.(d) If a bot is required by another law to comply with a more prescriptive disclosure scheme than this chapter, the bot is not required to comply with this chapter. | |
| 90 | 93 | ||
| 91 | - | 17941. (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot.(b) A bot | |
| 94 | + | 17941. (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot.(b) A bot shall do all of the following:(1) Disclose to any person with whom it interacts before any interaction takes place that the bot is a bot and not a human being.(2) Answer truthfully any query from a person regarding its identity as a bot or a human.(3) Refrain from attempting to mislead a person regarding its identity as a bot.(b)(c) The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.(d) If a bot is required by another law to comply with a more prescriptive disclosure scheme than this chapter, the bot is not required to comply with this chapter. | |
| 92 | 95 | ||
| 93 | 96 | ||
| 94 | 97 | ||
| 95 | 98 | 17941. (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot. | |
| 96 | 99 | ||
| 97 | - | (b) A bot | |
| 100 | + | (b) A bot shall do all of the following: | |
| 98 | 101 | ||
| 99 | - | (1) Disclose | |
| 102 | + | (1) Disclose to any person with whom it interacts before any interaction takes place that the bot is a bot and not a human being. | |
| 100 | 103 | ||
| 101 | - | (2) Answer | |
| 104 | + | (2) Answer truthfully any query from a person regarding its identity as a bot or a human. | |
| 102 | 105 | ||
| 103 | - | (3) Refrain Refrains from attempting to mislead a person regarding its identity as a bot. | |
| 106 | + | (3) Refrain from attempting to mislead a person regarding its identity as a bot. | |
| 107 | + | ||
| 108 | + | (b) | |
| 109 | + | ||
| 110 | + | ||
| 104 | 111 | ||
| 105 | 112 | (c) The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot. | |
| 106 | 113 | ||
| 107 | - | (d) If | |
| 114 | + | (d) If a bot is required by another law to comply with a more prescriptive disclosure scheme than this chapter, the bot is not required to comply with this chapter. | |
| 108 | 115 | ||
| 109 | - | SEC. 3. Section 17942 of the Business and Professions Code is amended to read:17942. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law.(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
| 116 | + | SEC. 3. Section 17942 of the Business and Professions Code is amended to read:17942. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law.(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(c)This chapter does not impose a duty on service providers of online platforms, including, but not limited to, Web hosting and Internet service providers. | |
| 110 | 117 | ||
| 111 | 118 | SEC. 3. Section 17942 of the Business and Professions Code is amended to read: | |
| 112 | 119 | ||
| 113 | 120 | ### SEC. 3. | |
| 114 | 121 | ||
| 115 | - | 17942. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law.(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
| 122 | + | 17942. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law.(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(c)This chapter does not impose a duty on service providers of online platforms, including, but not limited to, Web hosting and Internet service providers. | |
| 116 | 123 | ||
| 117 | - | 17942. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law.(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
| 124 | + | 17942. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law.(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(c)This chapter does not impose a duty on service providers of online platforms, including, but not limited to, Web hosting and Internet service providers. | |
| 118 | 125 | ||
| 119 | - | 17942. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law.(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
| 126 | + | 17942. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law.(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(c)This chapter does not impose a duty on service providers of online platforms, including, but not limited to, Web hosting and Internet service providers. | |
| 120 | 127 | ||
| 121 | 128 | ||
| 122 | 129 | ||
| 123 | 130 | 17942. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law. | |
| 124 | 131 | ||
| 125 | 132 | (b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. | |
| 126 | 133 | ||
| 127 | - | SEC. 4. Section 17943 of the Business and Professions Code is repealed.17943.This chapter shall become operative on July 1, 2019. | |
| 128 | - | ||
| 129 | - | SEC. 4. Section 17943 of the Business and Professions Code is repealed. | |
| 130 | - | ||
| 131 | - | ### SEC. 4. | |
| 132 | - | ||
| 133 | - | 17943.This chapter shall become operative on July 1, 2019. | |
| 134 | - | ||
| 135 | - | ||
| 136 | - | ||
| 137 | - | This chapter shall become operative on July 1, 2019. | |
| 138 | - | ||
| 139 | - | ||
| 140 | - | ||
| 141 | - | SEC. 5. Section 17943 is added to the Business and Professions Code, to read:17943. The Attorney General, a district attorney, a county counsel, a city attorney, or a city prosecutor may bring an action against a person who violates this chapter to obtain either of the following relief:(a) Injunctive relief.(b) A civil penalty of one thousand dollars ($1,000) per violation. | |
| 142 | - | ||
| 143 | - | SEC. 5. Section 17943 is added to the Business and Professions Code, to read: | |
| 144 | - | ||
| 145 | - | ### SEC. 5. | |
| 146 | - | ||
| 147 | - | 17943. The Attorney General, a district attorney, a county counsel, a city attorney, or a city prosecutor may bring an action against a person who violates this chapter to obtain either of the following relief:(a) Injunctive relief.(b) A civil penalty of one thousand dollars ($1,000) per violation. | |
| 148 | - | ||
| 149 | - | 17943. The Attorney General, a district attorney, a county counsel, a city attorney, or a city prosecutor may bring an action against a person who violates this chapter to obtain either of the following relief:(a) Injunctive relief.(b) A civil penalty of one thousand dollars ($1,000) per violation. | |
| 150 | - | ||
| 151 | - | 17943. The Attorney General, a district attorney, a county counsel, a city attorney, or a city prosecutor may bring an action against a person who violates this chapter to obtain either of the following relief:(a) Injunctive relief.(b) A civil penalty of one thousand dollars ($1,000) per violation. | |
| 152 | - | ||
| 153 | - | ||
| 154 | - | ||
| 155 | - | 17943. The Attorney General, a district attorney, a county counsel, a city attorney, or a city prosecutor may bring an action against a person who violates this chapter to obtain either of the following relief: | |
| 156 | - | ||
| 157 | - | (a) Injunctive relief. | |
| 158 | - | ||
| 159 | - | (b) A civil penalty of one thousand dollars ($1,000) per violation. | |
| 134 | + | (c)This chapter does not impose a duty on service providers of online platforms, including, but not limited to, Web hosting and Internet service providers. |