AI Frontier Institute

CHATBOT PROVIDER-LIABILITY

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Illinois HB5044, the Chatbot Provider Liability Act (104th General Assembly, introduced by Rep. Jennifer Gong-Gershowitz), creates a new strict liability framework for chatbot providers. Under Section 5, a 'chatbot' is defined as any AI, algorithmic, or automated system that generates text, audio, image, or video content simulating interpersonal interaction or conversation, and a 'chatbot provider' is any person creating, distributing, or making such a system available. Section 10 establishes that chatbots are deemed products for strict product liability purposes, meaning a chatbot provider has a duty to ensure its chatbot does not injure users. Liability attaches regardless of whether the provider exercised reasonable care in design and distribution, or whether the provider had a direct contractual relationship with the harmed user. Users harmed by a chatbot provider may file civil actions in state or federal court seeking actual damages under Illinois law, injunctive relief, and reimbursement of reasonable attorney's fees and costs.

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