CA Bot Disclosure: Exemptions and General Provisions
Exemptions and General Provisions [BPC § 17942]
Citation: § 17942 (exemptions), Section 17942
Q: Are platforms like web hosts or ISPs liable if bots use their services? A: No. Service providers including web hosting and Internet service providers are explicitly exempted from duties under this law [§ 17942(c)].
Key rule (§ 17942(c)): The Bot Disclosure Law does not impose duties on service providers of online platforms, including web hosting and Internet service providers.
Rule: Only the bot operator is liable — not the platforms or infrastructure providers that host or transmit the bot’s communications.
Service Provider Exemption [§ 17942(c)]
“This chapter does not impose a duty on service providers of online platforms, including, but not limited to, Web hosting and Internet service providers.”
Who Is Exempted
| Entity Type | Exempted? | Rationale |
|---|---|---|
| Web hosting providers | Yes | Infrastructure, not content |
| Internet service providers (ISPs) | Yes | Conduit, not controller |
| Cloud platforms (AWS, GCP, Azure) | Likely yes | Infrastructure providers |
| Social media platforms | Unclear | May have duties under other laws |
| The bot operator | No | Primary liable party |
Who Is NOT Exempted
The person operating the bot remains liable. This includes:
- Companies deploying AI chatbots
- Developers who create and deploy bots
- Businesses using bots for customer service or sales
- Political campaigns using bots for outreach
Cumulative Duties [§ 17942(a)]
“The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law.”
What this means:
- Bot Disclosure Law adds to existing obligations
- Compliance with this law doesn’t exempt you from other laws
- Other disclosure requirements (FTC, CCPA, etc.) still apply
Related Laws That May Also Apply
| Law | Requirement |
|---|---|
| FTC Act § 5 | No unfair or deceptive practices |
| CCPA | Privacy disclosures if collecting personal information |
| CAN-SPAM | Email disclosure requirements |
| State consumer protection laws | Varies by state |
Severability [§ 17942(b)]
“The provisions of this chapter are severable.”
What this means: If any part of the law is found unconstitutional or invalid, the rest of the law remains in effect.
Practical Implications
For Bot Operators
- You are liable — not your hosting provider
- Other laws still apply — disclosure under this law doesn’t satisfy other requirements
- Document your disclosures — keep records of how you comply
For Platforms
- No direct duty under this specific law
- May have duties under other laws (DSA, Section 230 exceptions, etc.)
- Consider policies requiring bot operators to disclose