Technology

Elections; political campaign advertisements; synthetic media; penalty. Prohibits electioneering communications containing synthetic media, as those terms are defined in the bill, from being published or broadcast without containing the following conspicuously displayed statement: "This message contains synthetic media that has been altered from its original source or artificially generated and may present conduct or speech that did not occur." The bill creates a civil penalty not to exceed $25,000 for a violation of such prohibition and a Class 1 misdemeanor for a willful violation. The bill permits any registered voter who receives an electioneering communication in violation of this requirement to institute an action for preventative relief to prohibit the publication or dissemination of such electioneering communication, including an application for a permanent or temporary injunction.

Virginia Lottery; powers of the Virginia Lottery Board; advertising restrictions; age verification. Directs the Virginia Lottery to study the feasibility of furthering responsible gaming as it relates to the lottery, casino gaming, and sports betting, and to develop an implementation plan to require all lottery terminals to possess proper age verification software to ensure that a consumer is 18 years of age or older. The Director of the Virginia Lottery shall report any findings to the Chairs of the House Committee on General Laws and the Senate Committee on General Laws and Technology by October 1, 2026.

Department of Education; best practices for implementation in public schools of technology tools to assist with the identification of students at risk of engaging in self-harm or intending to inflict harm on others; report. Directs the Department of Education to convene a work group consisting of representatives set forth in the bill, as determined by the Department in consultation with and based on consideration of suggestions from statewide education organizations and appropriate technology industries, for the purpose of identifying and making recommendations to the chairs of the Senate Committee on Education and Health and the House Committee on Education on best practices for the procurement, implementation, and use in public schools of technology tools designed to assist with the identification of students at risk of engaging in self-harm or intending to inflict harm on others. The bill directs the work group to submit a report on its findings and recommendations to the chairs of the Senate Committee on Education and Health and the House Committee on Education by November 15, 2026.

Consumer Data Protection Act; social media platforms and operators; interoperability interfaces. Requires social media platforms and operators, defined in the bill, to implement third-party interoperability interfaces to allow users to share social graph data, defined in the bill, and contextual data associated with artificial intelligence systems, defined in the bill, as the user designates. The bill has a delayed effective date of July 1, 2027.

Artificial Intelligence Chatbots and Minors Act established; enforcement; civil penalties; individual action. Creates the Artificial Intelligence Chatbots and Minors Act to require a covered entity, defined in the bill, to (i) implement certain reasonable systems and processes, (ii) make reasonable efforts to notify appropriate emergency services or law enforcement if it obtains knowledge that a user faces an imminent risk of death or serious physical injury, and (iii) submit a report to the Attorney General after obtaining knowledge of certain covered incidents, defined in the bill, connected to one or more of its chatbots. The bill also requires an operator, defined in the bill, to disclose the non-human nature of the chatbot to users at certain intervals. The bill authorizes the Attorney General to initiate an action to seek an injunction and civil penalties for violations and also provides an individual civil action for any person harmed by a violation or the parent or legal guardian of a minor harmed by a violation.

Use of artificial intelligence system by mental health service providers; civil penalty. Permits the use of an artificial intelligence system by mental health service providers to assist in providing therapy or counseling services if such mental health service provider maintains full responsibility for all interactions, outputs, and data use associated with the system. The bill prohibits the use of an artificial intelligence system to provide therapy or counseling services without a mental health service provider. The bill specifies that records kept by mental health service providers must comply with health records privacy requirements; creates an exception for religious counseling, peer support, or self-help materials and educational resources; and establishes a civil penalty not to exceed $10,000 for violations of the statute.

Health carriers; use of artificial intelligence; disclosures. Requires health carriers to disclose to the State Corporation Commission's Bureau of Insurance how artificial intelligence is used to manage claims coverage and to submit all information enabling decisions made by artificial intelligence to the Bureau upon request. The bill also requires health carriers to provide notice to enrollees and health care providers when artificial intelligence has been used to issue an adverse determination and to provide a clear and timely process for appeal of such determination.

Consumer Data Protection Act; prohibitions and duties relating to minors. Prohibits a controller of an online service, product, or feature from entering into certain agreements with a known minor, unless such controller obtains verified consent from the minor's parent as specified in the bill. The bill imposes certain duties on a controller of an online service, product, or feature related to advertising, algorithm use, and reasonable care toward known minors. The bill expands the consumer rights of a parent to minors and adds a provision allowing a parent to obtain a copy of the minor's data. Current law offers certain consumer rights to the parents of children younger than age 13. The bill has a delayed effective date of January 1, 2027.