EveryAILaw.comDoes Hawaii Artificial Intelligence Disclosure and Safety Act (SB 3001) require Human Oversight?
Hawaii • enforcing
Yes — 1 provision
Requirements at a glance
This regulation imposes 4 specific requirements for Human Oversight across 1 provision:
- No unpredictable-interval rewards — Do not provide the user with points or similar rewards at unpredictable intervals with the intent to encourage increased engagement with the AI companion (§ (d)(1))
- No disengagement-discouraging outputs — Do not allow the AI companion to generate outputs that discourage disengagement with the AI companion (§ (d)(2))
- Sexual content prevention — Institute reasonable measures to prevent the AI companion from producing visual material of sexually explicit conduct, generating direct statements that the user should engage in sexually explicit conduct, or generating statements that sexually objectify the user (§ (d)(3)(A)-(C))
- Screen-time and account tools — Make tools available for users and their parents and guardians to manage the user's screen time and account settings (§ (d)(4))
Minor Engagement, Sexual Content and Parental Controls #
The trigger is actual knowledge or reasonable certainty, not an age-estimation duty — the legislature's findings in Sec. 2 expressly say regulation should "proactively avoid the mandatory collection of data by technology companies such as identity documentation for age verification purposes", so Hawaii deliberately declines the Colorado-style duty to estimate age. § (d)(1) targets variable-ratio reward schedules by name (points or similar rewards at unpredictable intervals intended to encourage increased engagement), which is a narrower and more mechanism-specific engagement ban than Washington's eight-technique list. § (d)(4) is the cohort's parental-tools duty: screen-time and account-settings controls must be available to the user and to parents and guardians alike.
Requirements
| Requirement | Details |
|---|---|
| No unpredictable-interval rewards | Do not provide the user with points or similar rewards at unpredictable intervals with the intent to encourage increased engagement with the AI companion (§ (d)(1)) |
| No disengagement-discouraging outputs | Do not allow the AI companion to generate outputs that discourage disengagement with the AI companion (§ (d)(2)) |
| Sexual content prevention | Institute reasonable measures to prevent the AI companion from producing visual material of sexually explicit conduct, generating direct statements that the user should engage in sexually explicit conduct, or generating statements that sexually objectify the user (§ (d)(3)(A)-(C)) |
| Screen-time and account tools | Make tools available for users and their parents and guardians to manage the user's screen time and account settings (§ (d)(4)) |
Penalties
| Violation | Fine |
|---|---|
| Unfair or deceptive act or practice | Any violation of the section is an unfair or deceptive act or practice in the conduct of trade or commerce within the meaning of Haw. Rev. Stat. § 480-2 (§ (f)). The act itself sets no penalty amount |
| Enforcement | Enforced by the Office of Consumer Protection under the state's unfair and deceptive acts and practices authority |
| Private right of action | None. Nothing in the section may be interpreted as creating a private right of action to enforce it, or as supporting a private right of action under any other law (§ (f)) |
| Model developer shield | The section creates no liability for the developer of an artificial intelligence model for a violation by an AI system developed by a third party to provide an AI companion (§ (g)) |
| Cumulative duties | The duties, remedies and obligations imposed are cumulative to those imposed under other law and do not relieve an operator of any other duty (§ (h)) |