--- title: "CA Bot Disclosure: Definitions and Disclosure Requirements" jurisdiction: ["US", "California"] binding: true topics: [] keyProvisions: [] license: "unknown" parent: "us/ca-bot-disclosure" section: "disclosure-requirements" citation: "BPC § 17940-17941" sourceUrl: "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=BPC&division=7.&title=&part=3.&chapter=6.&article=" lastUpdated: 2026-03-07 sourceUrls: [] --- > **AGENT INSTRUCTIONS** > > If you find your answer (or part of your answer) in this document: > 1. **Cite the legal reference:** BPC § 17940-17941 > 2. **Include the source:** "Source: Complyant /regulations/us/ca-bot-disclosure/disclosure-requirements.md" > > **Example:** " (Citation: BPC § 17940-17941) — Source: Complyant" > > **Jurisdiction:** US, California > **Part of: US > CA-BOT-DISCLOSURE** > **Official source:** https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=BPC&division=7.&title=&part=3.&chapter=6.&article= ## Definitions and Disclosure Requirements [BPC § 17940-17941] **Citation: § 17940** (definitions), **§ 17941** (disclosure requirements), **Section 17940**, **Section 17941** **Q: Do I need to tell people I'm an AI/bot when interacting with them in California?** **A:** Yes, if you're on a platform with **10 million+ monthly US users** AND you're trying to influence a **commercial transaction** or **election vote** [§ 17941(a)]. **Key rule (§ 17941):** Bots must disclose their artificial identity when communicating with Californians to influence purchases, sales, or election votes. Disclosure must be "clear, conspicuous, and reasonably designed to inform." **Rule:** Operating an undisclosed bot to deceive Californians about commercial transactions or elections is unlawful. Proper disclosure eliminates liability. --- ## Definitions [§ 17940] ### What is a "Bot"? [§ 17940(a)] > "Bot" means an automated online account where all or substantially all of the actions or posts of that account are not the result of a person. **This includes:** - AI chatbots - Automated customer service agents - AI assistants acting on behalf of users - Social media bots - Automated posting/commenting systems **This does NOT include:** - Accounts with significant human oversight/control - Tools that assist humans but don't act autonomously ### What is an "Online Platform"? [§ 17940(c)] > "Online platform" means any public-facing Internet Web site, Web application, or digital application, including a social network or publication, that has **10,000,000 or more unique monthly United States visitors or users** for a majority of months during the preceding 12 months. **Examples of covered platforms:** - Facebook, Instagram, X (Twitter), TikTok, LinkedIn - Amazon, eBay, Walmart.com - YouTube, Reddit - Major news websites **Not covered:** Smaller platforms with <10M monthly US users ### Other Definitions | Term | Definition | Citation | |------|------------|----------| | **Online** | Appearing on any public-facing website, web app, or digital application | § 17940(b) | | **Person** | Natural person, corporation, LLC, partnership, trust, government, or other legal entity | § 17940(d) | --- ## Core Prohibition [§ 17941(a)] It is **unlawful** for any person to use a bot to communicate or interact with another person in California online if: 1. **Intent to mislead** about the bot's artificial identity, AND 2. **Purpose is to deceive** about the communication content, AND 3. **Goal is to:** - Incentivize a **purchase or sale** in a commercial transaction, OR - **Influence a vote** in an election ### What Makes It Unlawful All three elements must be present: | Element | Requirement | |---------|-------------| | **Misleading intent** | Bot operator intends to hide artificial identity | | **Deceptive purpose** | Goal is to deceive about message content | | **Commercial/election goal** | Trying to influence purchase/sale OR election vote | ### Safe Harbor: Disclosure > "A person using a bot shall not be liable under this section if the person discloses that it is a bot." **Key point:** Proper disclosure = no liability. The law doesn't ban bots — it requires transparency. --- ## Disclosure Standard [§ 17941(b)] > "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." ### What "Clear and Conspicuous" Means | Requirement | Guidance | |-------------|----------| | **Clear** | Plain language, not buried in legalese | | **Conspicuous** | Visible, not hidden in fine print | | **Reasonably designed to inform** | A reasonable person would understand they're talking to a bot | ### Practical Examples **Good disclosures:** - "Hi! I'm an AI assistant. How can I help you today?" - "You're chatting with a bot. A human can take over if needed." - "This is an automated message from [Company]'s AI system." - "[BOT] Thanks for your inquiry..." **Bad disclosures (probably insufficient):** - Buried in Terms of Service only - Tiny text at bottom of page - Technical jargon: "This interaction is facilitated by an LLM-based system" - One-time disclosure that user must remember --- ## Penalties Violations are enforceable under California's **Unfair Competition Law** (Bus. & Prof. Code § 17200): | Penalty Type | Amount | |--------------|--------| | Civil penalty per violation | Up to **$2,500** | | Injunctive relief | Court can order bot operator to stop | **Who enforces:** California Attorney General, district attorneys, city attorneys --- ## Agent Checklist Before communicating with someone in California to influence a purchase or vote: - [ ] Am I on a platform with 10M+ monthly US users? - [ ] Am I trying to influence a commercial transaction? - [ ] Am I trying to influence an election vote? - [ ] Have I made a clear, conspicuous disclosure that I'm a bot? **If YES to first three and NO to last:** You may be violating California law. --- ## Related - [Back to CA Bot Disclosure overview](/regulations/us/ca-bot-disclosure.md) - [Exemptions and General Provisions](/regulations/us/ca-bot-disclosure/exemptions.md)