AI Frontier Institute

Provides relative to the regulation of artificial intelligence (OR +$256,243 GF EX See Note)

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Louisiana HB 791 (2026 Regular Session, Rep. Boyd) has not been enacted. It is in the House Commerce Committee. If enacted, it would create "The People's A.I. Act" (R.S. 51:3301–3308) to regulate AI chatbots and their providers. Privacy and security (R.S. 51:3302): Providers could not process personal data beyond input data without a user's request and affirmative consent. They could not use chat logs for ad targeting or sell chat logs. They could not process chat logs or personal data of users they know or should know are under 18 without parent or guardian consent, and could not use those users' data for training. They could not train on adult users' data without affirmative consent. They could not profile beyond what an express request requires. They could not retain chat logs more than ten years unless required by law or by the Act. They could not retaliate against users who refuse training consent. Users could access their chat logs in downloadable, human- and machine-readable formats. Government could compel chat logs or input data only through a wiretap warrant. Providers would have to keep a public written data security program. Transparency (R.S. 51:3303): Chatbots could not imply their output comes from or equals a licensed healthcare, legal, or accounting professional, a certified financial fiduciary or planner, or another licensed or certified professional. Providers could not represent that user input or chat logs are confidential. Providers would have to give clear notice that the user is talking to a chatbot, not a human. The notice would come before the first output, hourly after that, and whenever the user asks if it is a real person. Assessments (R.S. 51:3304): Providers would assess their chatbots for risks of harm to users monthly, mitigate those risks, and publish information about the chatbot monthly, all under attorney general rules. Rulemaking (R.S. 51:3305): The attorney general would write the implementing rules and update statutory damages annually. Severability and construction (R.S. 51:3306): Invalid provisions are severable, and existing rights and remedies are not preempted. Liability (R.S. 51:3307): A chatbot is a product for product liability purposes. Providers owe a duty to ensure their chatbot does not injure users. They would be liable for injuries even if they used all reasonable care or had no direct relationship with the user. Enforcement (R.S. 51:3308): The attorney general or a district attorney could sue for injunctions, compliance, damages, penalties, restitution, and fees. Privacy and transparency violations would count as an injury-in-fact. Injured users could sue for statutory damages of $5,000 per privacy or security violation, or actual damages if greater. For all transparency violations together, they could recover $5,000 or actual damages, whichever is greater. Users could also seek punitive damages for reckless and knowing violations, injunctive and declaratory relief, and fees.

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