What If We Regulated Chatbots Like Any Other Product?

from Untangled · host Charley Johnson

Hi there,Welcome back to Untangled. It’s written by me, Charley Johnson, and valued by members like you. Today, I’m sharing my conversation with Ben Winters, Director of AI and Privacy at Consumer Federation of America, about The People First Chatbot Bill—model legislation for regulating chatbots that’s been endorsed by over 70 organizations.As always, please send me feedback on today’s post by replying to this email. I read and respond to every note.🔦Untangled HQThe Untangled Collective held its third community event earlier this week. Here’s what one participant had to say:On Tuesday, I’m launching another community with Aarn Wenneckers: Stewarding Complexity. This one is for boards, CEOs, and organizational leaders who need to step outside formal governance structures and practice making sense of complexity in real time—together. Join us?🧶 Chatbots Don’t “Just Happen.” Companies Make Choices.Tech companies have successfully made chatbots seem like mystical, uncontrollable entities while simultaneously claiming they can be trusted without regulation. Yet, as Ben points out, every aspect of a chatbot—from training data to interface design to what responses get blocked—represents a series of choices by companies. When those choices foreseeably lead to harm, companies should be held accountable.In our conversation, Ben and I dug into the key provisions in the Bill, including:* Product liability: The bill leverages centuries of product liability law to hold companies accountable for design choices, rather than treating chatbots as neutral tools.* Data minimization over consent: Instead of relying on checkbox fatigue, the bill prohibits using personal data from outside chatbot interactions.* Private right of action: Harmed individuals can sue directly, not just rely on overwhelmed state attorneys general.We also discussed how lessons from failed social media regulation informed this Bill —why content-neutral design matters, how consent-based models cement the status quo, and what it takes to overcome platform lobbying that claims regulation will “kill innovation.”But more than any specific recommendation, the Bill serves as a reminder of the kind of world we could live in. It articulates an alternative future that we could inhabit. And here’s the good news: we know how to get there and state legislators are increasingly receptive.As civil society organizations look for what policies to push, and as states face push back from companies saying regulation will stifle innovation or that chatbots are too complex or that China will win etc., I hope they pick up a copy of The People First Chatbot Bill.It’s a lot simpler than the mystique that surrounds these bots — we just need to treat them like the products they actually are.👉Before you go: 3 ways I can help* Advising: I help clients develop AI strategies that serve their future vision, craft policies that honor their values amid hard tradeoffs, and translate those ideas into lived organizational practice.* Courses & Trainings: Everything you and your team need to cut through the tech-hype and implement strategies that catalyze true systems change.* 1:1 Leadership Coaching: I can help you facilitate change — in yourself, your organization, and the system you work within. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit untangled.substack.com