AI Frontier Institute

Individual communication with artificial intelligence disclosure requirement provision

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Minnesota S.F. 1886 has not been enacted; it was last reported out of committee as amended with no recommendation and re-referred to Commerce and Consumer Protection. If enacted, it would add Minnesota Statutes section 325M.40, requiring disclosure of artificial intelligence use. Subd. 1 defines "artificial intelligence" as a machine-based system that, for an explicit or implicit objective, infers from its inputs how to generate outputs (content, decisions, predictions, recommendations) that can influence physical or virtual environments. Under Subd. 2, a person commits an unfair or deceptive trade practice if, in the course of business, they fail to disclose that an individual is communicating or interacting with AI in a textual or aural conversation. Under Subd. 3, it is also an unfair or deceptive trade practice to mislead a reasonable individual into believing they are engaging with a real human when the person is not clearly and conspicuously notified they are talking to AI, or when they reasonably believe they are talking to a human. Subd. 4 requires anyone using AI in business to give individuals the option to communicate with an actual human instead, such as by electronic communication, audio or video call, or in-person meeting. Under Subd. 5, an injured individual may sue for damages, statutory damages up to $1,000, injunctive relief, costs and reasonable attorney fees. The attorney general may enforce it under section 8.31, with civil penalties up to $5,000,000.

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