Existing law defines activities that constitute deceptive trade practices and provides for the imposition of civil and criminal penalties against persons who engage in deceptive trade practices. (Chapter 598 of NRS) Existing law also defines “artificial intelligence system” to mean any machine-based system that, for any explicit or implicit object, infers from the inputs the system receives how to generate outputs, including, without limitation, content, decisions, predictions or recommendations, that can influence physical or virtual environments. (NRS 629.610)
Sections 14-16 of this bill establish certain requirements and restrictions concerning artificial intelligence companions. Section 3 of this bill defines the term “artificial intelligence companion” to mean, in general, an artificial intelligence system that is designed to simulate a sustained human or human-like relationship with a user, including, without limitation, a relationship involving intimate, romantic or platonic communications or companionship.
Section 14 prohibits the operator of an artificial intelligence companion from making an artificial intelligence companion available for use in this State unless the operator complies with sections 2-17 of this bill.
Section 15 requires an operator of an artificial intelligence companion to implement and maintain certain protocols that: (1) detect and address self-harm and suicidal ideation by a user of the artificial intelligence companion; (2) upon detection of an expression of suicidal ideation or self-harm by a user, provide the user with a notification that refers the user to a crisis service provider; and (3) prevent the artificial intelligence companion from generating content that encourages self-harm or provides instructions for methods of self-harm. Section 15 further requires an operator of an artificial intelligence companion to publicly post certain notices relating to the required protocols on the Internet website of the operator. Section 15 also requires an operator of an artificial intelligence companion to provide, at certain times, the user with a clear and conspicuous notification that the user is communicating with an automated system and not with a human.
Section 16 requires an operator of an artificial intelligence companion that is directed to children or an operator that knows or reasonably should know that a user is a child to implement measures to prevent an artificial intelligence companion from generating outputs that: (1) contain an endorsement or promotion of certain activities; (2) encourage the user to maintain secrecy about an interaction with the artificial intelligence companion, self-isolate or refrain from seeking help from a health professional or appropriate adult; or (3) describe, depict or facilitate certain sexually explicit conduct or content. Section 16 also limits the collection and use of personal information of a user of an artificial intelligence companion who is a child by the operator of the artificial intelligence companion. Section 16 further establishes certain requirements for determining whether an operator knew or reasonably should have known that a user was a child.
Section 17 makes a violation of sections 2-17 a deceptive trade practice. Sections 3-13 define words and terms for the purposes of sections 2-17.
Sections 30 and 31 of this bill prohibit the use of certain practices to determine the price of goods offered for sale by a grocery establishment to a consumer in this State. Section 25 of this bill defines the term “grocery establishment” to mean a store principally devoted to the sale of food for human consumption off the premises, regardless of whether the store sells other products secondarily, and in which the area open to the public is over 10,000 square feet.
Section 30 prohibits the use of protected class data in marketing, selling, offering to sell or the establishment or modification of the price of goods sold at a grocery establishment if: (1) the use of such data effectively withholds from or denies any consumer or group of consumers the same benefits or availability of a good offered to others; or (2) results in the person selling or offering to sell a good to a consumer or group of consumers for a price that is less than the price offered to another consumer or group of consumers. Section 30 defines “protected class data” to mean, in general, data concerning a consumer or group of consumers that identifies a characteristic that is protected from discrimination under any federal or state law.
Section 31 prohibits, with certain exceptions, the use of surge pricing or surveillance pricing to determine the price of certain goods sold at a grocery establishment. Section 28 of this bill defines the term “surge pricing” to mean, in general, the establishment or modification of the price of a good that is based on real-time demand for the good, demand for the good that is predicted by an algorithm, behaviors of consumers or a determination by an algorithm of the willingness of consumers to pay a certain price for the good. Section 29 of this bill defines the term “surveillance pricing” to mean, in general, the establishment or modification of the price of a good for a particular consumer or a particular group of consumers that is based on personally identifiable information or inferred data.
The Nevada Unfair Trade Practice Act sets forth various activities that constitute an unlawful contract, combination or conspiracy in restraint of trade and requires the Attorney General to investigate and take certain actions against persons who engage in such activities, which may include, without limitation, criminal prosecution and the imposition of civil penalties. (Chapter 598A of NRS) Section 33 of this bill specifies that an agreement by two or more grocery establishments to use the same or a commonly owned algorithm to conduct surveillance pricing constitutes an unlawful contract, combination or conspiracy in restraint of trade. Section 34 of this bill revises the maximum amount of the civil penalty for which a person who violates the Act is liable from a certain percentage of the gross income of the person to $50,000 for each violation.