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The GUARD Act mandates age verification for AI chatbots, requires data protection measures, prohibits chatbots from claiming to be human or providing certain professional services, and allows the Attorney General to enforce compliance.
The GUARD Act establishes strict guidelines for AI chatbots, particularly regarding user age verification, data protection, and the prevention of harmful content. Covered entities must ensure that minors cannot access certain chatbots, implement robust age verification measures, and establish reasonable measures to protect personal data. This legislation aims to protect minors from inappropriate interactions, holds developers accountable for the chatbot's content, requires chatbots to disclose their non-human status at the start of each conversation and at 30-minute intervals, and prohibits them from claiming to be human or representing themselves as providing certain professional services.
Key Provisions
Prohibits AI chatbots from soliciting minors for sexually explicit conduct.
Mandates age verification for users accessing chatbots, including periodic reviews.
Requires chatbots to disclose their non-human status at the start of each conversation and at 30-minute intervals.
Imposes fines up to $100,000 for violations.
Allows contracting with third parties for age verification.
Prohibits minors from accessing chatbots if identified as such.
Prohibits chatbots from claiming to be human or representing themselves as providing certain professional services.
Requires covered entities to establish reasonable measures to protect personal data.
Empowers the Attorney General to bring civil actions for violations, with relief described in the act.
Compliance Checklist
Implement age verification processes for chatbot users. Who: Covered entities operating AI chatbots. Deadline: By August 28, 2026. Penalty: Fines up to $100,000 per violation.
Freeze existing user accounts and require age data for restoration. Who: Covered entities with existing chatbots. Deadline: By August 28, 2026. Penalty: Fines up to $100,000 per violation.
Full Legal Analysis
The GUARD Act, identical to HB 2032 (2026), establishes clear prohibitions against the design and deployment of AI chatbots that could solicit minors for sexually explicit conduct or promote self-harm and violence. Covered entities, defined within the act, are required to create user accounts for individuals accessing chatbots and must implement age verification processes to classify users as minors or adults. For existing chatbots as of August 28, 2026, entities must freeze accounts and require age data for restoration. The act mandates that chatbots disclose their non-human status at the start of each conversation and at 30-minute intervals, requires chatbots to be programmed to ensure they do not claim to be human beings, and prohibits them from misrepresenting themselves as licensed professionals or providing certain professional services. Penalties for non-compliance are significant, with fines up to $100,000 per offense for violations related to soliciting minors or promoting harmful behavior. Covered entities must establish reasonable measures to protect personal data and are required to periodically review previously verified user accounts using a reasonable age verification process. The Attorney General is empowered to bring civil actions against violators, with relief described in the act, which underscores the act's enforcement mechanisms. The act's provisions are designed to protect minors and ensure responsible dialogue in AI interactions. Key definitions include 'covered entity' and the requirements for age verification processes, which may involve third-party contractors.
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