Does Idaho Conversational AI Safety Act (S 1297) require Risk Assessment?
Idaho • enacted
Yes — 2 provisions
Requirements at a glance
This regulation imposes 6 specific requirements for Risk Assessment across 2 provisions:
Adopt a crisis protocol — Adopt a protocol for the conversational AI service to respond to user prompts regarding suicidal ideation (§ 48-2103(2))
Crisis referral floor — The protocol must include, at minimum, making reasonable efforts to provide a response referring users to crisis service providers such as a suicide hotline, crisis text line, or other appropriate crisis services (§ 48-2103(2))
No variable-ratio rewards — Where the operator knows or has reasonable certainty that an account holder is a minor, do not provide points or similar rewards at unpredictable intervals with the intent to encourage increased engagement (§ 48-2104(2))
Sexual content prevention — For minor account holders, institute reasonable measures to prevent the service from producing visual material of sexually explicit conduct (§ 48-2104(3)(a))
No solicitation — For minor account holders, institute reasonable measures to prevent the service from generating direct statements that the account holder should engage in sexually explicit conduct (§ 48-2104(3)(b))
No sexual objectification — For minor account holders, institute reasonable measures to prevent the service from generating statements that sexually objectify the account holder (§ 48-2104(3)(c))
Operators of conversational AI services made available to the public in Idaho (§ 48-2102(6))
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Structured as an adoption duty with a reasonable-efforts floor, not California SB 243's engagement gate: Idaho does not bar the service from operating without a protocol, does not require the protocol to be published, and imposes no annual reporting. The practical consequence is that the crisis protocol is only visible to the Attorney General on investigation.
Requirements
Requirement
Details
Adopt a crisis protocol
Adopt a protocol for the conversational AI service to respond to user prompts regarding suicidal ideation (§ 48-2103(2))
Crisis referral floor
The protocol must include, at minimum, making reasonable efforts to provide a response referring users to crisis service providers such as a suicide hotline, crisis text line, or other appropriate crisis services (§ 48-2103(2))
Penalties
Violation
Fine
Any violation of the chapter
Injunction plus $1,000 per violation, capped at $500,000 per operator, or actual damages, whichever is greater, sought by the Attorney General (§ 48-2105(1)-(2))
Operators, as to minor account holders — account holders whom the operator has actual knowledge or reasonable certainty are under 18 (§ 48-2102(4)-(5))
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The § 48-2104(2) ban on variable-ratio rewards is the first US AI statute to regulate an engagement mechanic by name rather than its effects, and it is intent-qualified — the reward must be given with intent to encourage increased engagement. Actual-knowledge-or-reasonable-certainty framing means the duties bite only once an operator has age signals, so age assurance is not itself mandated.
Requirements
Requirement
Details
No variable-ratio rewards
Where the operator knows or has reasonable certainty that an account holder is a minor, do not provide points or similar rewards at unpredictable intervals with the intent to encourage increased engagement (§ 48-2104(2))
Sexual content prevention
For minor account holders, institute reasonable measures to prevent the service from producing visual material of sexually explicit conduct (§ 48-2104(3)(a))
No solicitation
For minor account holders, institute reasonable measures to prevent the service from generating direct statements that the account holder should engage in sexually explicit conduct (§ 48-2104(3)(b))
No sexual objectification
For minor account holders, institute reasonable measures to prevent the service from generating statements that sexually objectify the account holder (§ 48-2104(3)(c))
Penalties
Violation
Fine
Any violation of the chapter
Injunction plus $1,000 per violation, capped at $500,000 per operator, or actual damages, whichever is greater, sought by the Attorney General (§ 48-2105(1)-(2))
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