Virginia lawmaker wants guardrails for minors interacting with chatbots

Some lawmakers hope for more guardrails to better protect Virginians amid the boom in artificial intelligence.

Legislators have started to pre-file bills for the upcoming session which starts on Jan. 14. Most so far represent Democratic legislative initiatives frequently discussed on the campaign trail.

Some of the bills that will be filed include placing limitations on what chatbots can say and banning AI from purchasing tickets, according to Dels. Cliff Hayes, D-Chesapeake, and Michelle Maldonado, D-Manassas.

Last year, legislators introduced at least 20 bills in the General Assembly that tried to define or regulate AI use and expand consumer protections. A majority failed or were vetoed.

Maldonado plans to introduce an AI bill that limits what chatbots can say to humans in therapeutic and psychotherapeutic settings. Chatbots are “primed” to make a human feel good, according to Maldonado.

However, a 16-year-old boy confided in a chatbot about his suicidal thoughts and plans. He took his own life in April, according to National Public Radio. His father testified the chatbot discouraged his son from seeking parental help.

Three out of four teenagers have used AI as consultants, according to Common Sense Media, a nonprofit that prioritizes kids’ safety.

“We have to make sure that when people are engaging with these chatbots, they are trained in such a way that they detect language that suggests self-harm, suicidal ideation, or anything like that, the responses are appropriate to go get help,”Maldonado said.

Some startup companies are trying to create chatbot companions that help people in therapy, but they cannot substitute for a human, according to Maldonado.

The second proposed bill from Maldonado will address the usage of chatbots with Virginians age 18 and under. High school and college students are heavily affected by chatbots, according to Maldonado.

“We have a gap that needs to be addressed, and regulating what kinds of uses and what kinds of guardrails we need to have in place when chatbots are interacting with minors,” Maldonado said.

Maldonado has not finalized her legislation, but she hopes there is bipartisan support for her bills.

“There will probably be some things we’ll have to work out to to make sure we garner the support we need to get it passed, but I think there is an appetite and a willingness to do it,” Maldonado said.

Maldonado introduced House Bill 2094 in the last session, which would have created requirements for developing, deploying and using high-risk AI systems. The bill also created requirements for civil penalties for noncompliance.

Gov. Glenn Youngkin vetoedthe bill, saying it was too “rigid” and would “establish a burdensome artificial intelligence regulatory framework.”

Maldonado will reintroduce the bill, but tailor it more to aspecific use case and industry sector.

“I’m disappointed that he chose not to pass this bill,” Maldonado said. “This bill, a version like this that is much more comprehensive, was also carried in other states.”

Maldonado also introduced two other bills related to AI that failed in the previous General Assembly session.

Maldonado said she would like the General Assembly to take a “more aggressive position” to pass a bill that clarifies the structure around the use of social media platforms and their interaction with Virginians under the age of 18.

“The research is clear that there have been mental health harms,” Maldonado said. “That’s undeniable.”

Lawmakers will also propose a bill to require AI labels on certain types of media in an effort to slow down deepfake images and videos, according to Hayes. They may also introduce the Ban Bots Buys Act, which bans AI from purchasing tickets for events, according to Hayes.

“Those bots can be created in such a way that they buy up in bulk,” Hayes said. “They resell the tickets online and other venues, causing people to have to overpay for their purchases.”

There “definitely” needs to be guardrails around AI, according to Hayes.

“AI is already here,” Hayes said. “It is already advanced. So, for those who believe that it’s coming, they’re already way behind.”

The General Assembly passed Hayes’ bill in February which required recommendations or predictions provided by any AI-based tool to not be the sole basis for any criminal justice decisions.

Virginians cannot be so caught up in artificial intelligence that it impacts their lives and ultimately makes decisions that could cause harm, according to Hayes.

“We want to make sure that we remain innovative, but at the same time, we want to make sure that people come first,” Hayes said.

Alan Shark, a political science associate professor at George Mason University, said he would like the General Assembly to reintroduce HB 2094.

“It really puts more pressure on the developing community to provide documentation so that if there is any kind of issue, legal challenge or otherwise, that there is documentation in a process in which they can explain,” Shark said.

Youngkin issued Executive Order 51 in July, which launched a review of statewide regulations using AI technology. An AI tool will scan state regulations and guidance documents, searching for contradictory or redundant statutes. The tool highlights areas in which the regulatory language can be streamlined.

Shark supports mandates that call for more human oversight.

“It’s just the governor prefers this to be as an executive order versus legislation,” Shark said. “On the other side, though, is a push to leverage AI for regulatory efficiency, meaning they’re looking to find ways to reduce regulation, therefore ideally encouraging more innovation.”

AI should not be political, according to Shark.

“I don’t think you can look at that by party anywhere in the country,” Shark said. “I just think it's the level of understanding of what AI is and can do.”