Defines "artificial intelligence" as machine-based systems that infer inputs to produce outputs affecting environments. Prohibits using bots to mislead individuals about their artificial identity for deception in commercial transactions or elections, unless bot identity disclosure occurs. Requires bots to disclose their identity upon first interaction and answer truthfully about their identity. Mandates clear and conspicuous bot identity disclosure. Exempts users from compliance if other laws impose stricter disclosure requirements. Allows cumulative obligations with other legal duties. Permits the Attorney General, district attorney, county counsel, city attorney, or city prosecutor to seek injunctive relief or impose a civil penalty of $1,000 per violation for non-compliance.
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California AB 410 (Bots: Disclosure 2025)
ETO AGORA · U.S. state and local documents · 2025
Summary
Defines "artificial intelligence" as machine-based systems that infer inputs to produce outputs affecting environments.
Prohibits using bots to mislead individuals about their artificial identity for deception in commercial transactions or elections, unless bot identity disclosure occurs.
Requires bots to disclose their identity upon first interaction and answer truthfully about their identity.
Mandates clear and conspicuous bot identity disclosure.
Exempts users from compliance if other laws impose stricter disclosure requirements.
Allows cumulative obligations with other legal duties.
Permits the Attorney General, district attorney, county counsel, city attorney, or city prosecutor to seek injunctive relief or impose a civil penalty of $1,000 per violation for non-compliance.
Defines "artificial intelligence" and "bot" in the California Business and Professions Code.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17940 of the Business and Professions Code is amended to read:
- For purposes of this chapter:
(a) “Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
(b) “Bot” means an automated online account or application that a reasonable person could believe is a human being and with respect to which substantially all of the actions or posts of that account or application are the outputs of generative artificial intelligence.
Defines "generative artificial intelligence" as AI generating synthetic content, like text and images, emulating training data.
(c) “Generative artificial intelligence” means artificial intelligence that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system’s training data.
(d) “Online” means appearing on any public-facing internet website, web application, or digital application, including a social network or publication.
(e) “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.
Prohibits using bots to deceive online for commercial or electoral purposes unless disclosed as a bot.
SEC. 2. Section 17941 of the Business and Professions Code is amended to read:
- (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.
Requires bot users to disclose bot identity and truthfully answer identity queries when communicating autonomously.
(b) A person who uses a bot to autonomously communicate with another shall ensure that the bot does all of the following:
(1) Discloses to any person with whom the bot communicates when the bot first communicates with the person that the bot is a bot and not a human being.
(2) Answers truthfully any subsequent query from a person regarding its identity as a bot or a human.
(3) Refrains from attempting to mislead a person regarding its identity as a bot.
Requires bot disclosures to be clear and conspicuous, except if more prescriptive laws apply.
(c) 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.
(d) If a person who uses a bot is required by another law to comply with a more prescriptive disclosure scheme than this chapter, the person is not required to comply with this chapter.
States duties and obligations under this chapter are cumulative and provisions are severable if found invalid.
SEC. 3. Section 17942 of the Business and Professions Code is amended to read:
- (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.
Allows authorities to seek injunctive relief or a $1,000 penalty for violations of the chapter.
SEC. 4. Section 17943 of the Business and Professions Code is repealed.
SEC. 5. Section 17943 is added to the Business and Professions Code, to read:
- The Attorney General, a district attorney, a county counsel, a city attorney, or a city prosecutor may bring an action against a person who violates this chapter to obtain either of the following relief:
(a) Injunctive relief.
(b) A civil penalty of one thousand dollars ($1,000) per violation.