Bots - Representations To The Public - Business & Professions - CA

Section § 17940

This section defines key terms related to the regulation of automated online accounts. A 'bot' is essentially an online account that operates automatically without direct human input. 'Online' refers to anything appearing on public internet platforms, like websites or digital apps. An 'online platform' is a large public internet site or app that gets 10 million unique U.S. visitors each month, in most months of the past year. Lastly, 'person' includes individuals and various types of organizations like corporations and government agencies.

For purposes of this chapter:

(a) “Bot” means an automated online account where all or substantially all of the actions or posts of that account are not the result of a person.

(b) “Online” means appearing on any public-facing Internet Web site, Web application, or digital application, including a social network or publication.

(c) “Online platform” means any public-facing Internet Web site, 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.

(d) “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.

automated online account social network digital application ...

Section § 17941

This law makes it illegal to use a bot online in California to pretend to be a human with the intention of tricking someone into buying something or to sway their vote in an election. If a bot is used, the user must clearly and obviously disclose that it is a bot, so people know they're interacting with a non-human.

(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) 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.

bot disclosure artificial identity online deception ...

Section § 17942

This law section states that the responsibilities outlined in this chapter are in addition to any other legal responsibilities you might have. The law also says that if one part of this chapter turns out to be invalid, the rest still holds. Importantly, online platform service providers, like Web hosting or Internet services, are not given extra duties under this chapter.

(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.

cumulative duties obligations severability ...