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BE IT ENACTED by the Senate and General Assembly of the State
of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
“Artificial intelligence companion” or “AI companion” means a system using generative artificial intelligence designed to simulate a sustained human or human-like relationship with a user by: (1) retaining information from prior interactions, prior user sessions, or user preferences to personalize the interaction and to facilitate ongoing engagement with the AI companion; (2) asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt; and (3) sustaining an ongoing dialogue concerning matters personal to the user.
“Generative artificial intelligence” means a technology system that: (1) is trained on data; (2) is designed to simulate human communication through text, audio, or visual communication; and (3) generates non-scripted outputs with limited or no human oversight.
“Human or human-like relationship” includes, but is not limited to, intimate, romantic, or platonic interactions or companionship, and the simulation of intimate, romantic, or platonic interactions or companionship.
“Operator” means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user.
“User” means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.
2. An operator shall provide clear and conspicuous notification to a user at the beginning of any AI companion interaction that the user is not communicating with a human. This notification shall be provided either verbally or in writing. Thereafter, the notification shall repeat at least every three hours for continued AI companion interactions.
3. Any operator that violates the provisions of P.L. ,c. (C. ) (pending before the Legislature as this bill) shall be subject to a civil penalty of $15,000 for each violation, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.) pursuant to this section.
4. This act shall take effect immediately.
STATEMENT
This bill requires an operator of an artificial intelligence (AI) companion to provide clear and conspicuous notification to a user at the beginning of, and periodically throughout, any AI companion interaction that the user is not communicating with a human. The notification is to be provided either verbally or in writing. After the notification is provided at the beginning of the interaction, it is to be provided at least every three hours for continued AI companion interactions.
The bill provides that an operator found in violation of the provisions of the bill is to be subject to a civil penalty of $15,000 for each violation.
As used in this bill, “AI companion” means a system using generative artificial intelligence designed to simulate a sustained human or human-like relationship with a user by: (1) retaining information from prior interactions, prior user sessions, or user preferences to personalize the interaction and facilitate ongoing engagement with the AI companion; (2) asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt; and (3) sustaining an ongoing dialogue concerning matters personal to the user. “Human or human-like relationships” include, but are not limited to, intimate, romantic, or platonic interactions or companionship, and simulations of intimate, romantic, or platonic interactions or companionship.