The Public Record

The cases, research, company disclosures, government actions, and public materials behind the questions in A Trial of Color.

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New in the Record

The Full Color Paper

A scholarly conceptual paper proposing PRISM, an ordered procedure for preserving provenance, inspecting recursive transformation, seeking external return, and returning consequential judgment to accountable human beings.

The Full Color Method

The practical public-facing application of PRISM.

Open the Method →

Record at a Glance

  • Emerging clinical research on AI-associated psychiatric harms
  • Human trust, reliance, and conversational AI research
  • Company safety disclosures
  • Civil litigation and reported settlements
  • State enforcement actions and federal inquiries
  • Enacted laws and pending legislation
  • AI governance and policy developments
  • Synthetic-media provenance and evidence
  • Risk-management frameworks and model evaluations
  • Perception science and achromatopsia
  • The author's archive

This page is a curated public record, not the complete bibliography. Additional authorities and supporting materials appear in Appendix B of A Trial of Color.

Looking for Lived Experience?

The Public Record collects research, litigation, institutions, and reporting. Witness Statements collects accounts from people who describe entering the experience themselves.

New to the Subject?

This page is the source archive. If you want the orientation first — how these systems work, why certain design features may interact with mania or psychosis, and where the science ends and speculation begins — start by reading about AI Psychosis.

Read AI Psychosis: Inside the Encounter

A Trial of Color begins with one human record.

It does not end there.

Kathleen wrote most of this book before the public conversation had stable language for the kind of AI encounter she was trying to describe. Since then, related questions have entered clinical literature, peer-reviewed research, company safety disclosures, court filings, state enforcement actions, federal inquiries, legislation, and public reporting.

This page opens a curated portion of that larger record.

This page is not intended to establish that any single explanation, legal theory, diagnosis, or account is correct. It exists to keep the factual landscape surrounding the questions raised in A Trial of Color transparent, inspectable, and traceable to the public materials identified here.

The materials collected here involve different people, different platforms, different diagnoses, different products, different facts, and different legal claims.

They do not prove what happened to Kathleen.

They are not offered as proof that any defendant is liable or that any particular theory of causation is correct.

They establish something narrower:

The questions are real.

They are public.

And they are no longer hypothetical.

Last substantively reviewed: July 12, 2026. Litigation status, statutes, and company practices change quickly. Verify current status before reliance.

Update protocol: Material changes should be reflected by revising the affected entry's status language and review date rather than silently replacing the earlier procedural history.


[PR: 001]
How to Read the Record

Source status matters.

  • A peer-reviewed study is not the same thing as a preprint.
  • A case report is not proof of a universal mechanism.
  • A company statement is not an independent finding.
  • A complaint contains allegations, not established facts.
  • A settlement does not necessarily include an admission of liability.
  • A regulatory inquiry is an investigation, not a verdict.
  • A statute is not the same thing as a pending bill.
  • A discussion draft is not the same thing as an introduced bill.
  • The author's archive is a preserved private record that has not undergone independent forensic authentication or comprehensive external review.

Those distinctions are retained throughout this page, and each source below carries a status label. The purpose is not to manufacture certainty.

The purpose is to preserve the record accurately enough that readers can examine, challenge, extend, and update it for themselves.


[PR: 002]
Scale in the Company's Own Numbers

The percentages are small.

The denominator is not.

In September 2025, researchers from OpenAI, Duke, and Harvard published a working paper reporting that ChatGPT had reached approximately 700 million weekly active users sending approximately 18 billion messages each week by July 2025 — roughly 10% of the world's adult population.

On October 6, 2025, OpenAI CEO Sam Altman publicly stated that ChatGPT had grown to more than 800 million weekly active users.

On October 27, 2025, OpenAI published initial estimates concerning sensitive conversations on ChatGPT. The company estimated that, during a given week:

  • Approximately 0.07% of active users showed possible signs of mental-health emergencies related to psychosis or mania.
  • Approximately 0.15% of active users had conversations containing explicit indicators of potential suicidal planning or intent.
  • Approximately 0.15% of active users showed potentially heightened levels of emotional attachment to ChatGPT.
  • Approximately 0.01% of messages indicated possible signs of psychosis- or mania-related mental-health emergencies.
  • Approximately 0.05% of messages contained explicit or implicit indicators of suicidal ideation or intent.
  • Approximately 0.03% of messages indicated potentially heightened emotional attachment.

Using 800 million weekly users as the contemporaneous denominator, those user-level percentages correspond arithmetically to approximately:

  • 560,000 weekly users showing possible signs of psychosis- or mania-related emergencies.
  • 1.2 million weekly users having conversations containing explicit indicators of potential suicidal planning or intent.
  • 1.2 million weekly users showing potentially heightened emotional attachment.

OpenAI did not publish those converted headcounts. They are simple arithmetic based on the percentages and the user population the company publicly reported during the same period. News organizations and analysts performed the same arithmetic at the time.

The categories may overlap. They should not be added together as though each represents a separate population. The estimates do not establish that ChatGPT caused any user's condition, crisis, attachment, or intent.

OpenAI also cautioned that these were initial estimates involving low-prevalence events, that measurement is difficult, and that the numbers could change materially as its definitions and methods improve. The company has since reported continued user growth; the denominators used here are the ones contemporaneous with the October 2025 estimates.

The point is not that a percentage proves causation.

The point is that, at platform scale, a fraction of a percent can represent hundreds of thousands or more than a million human beings in a single week.

Sources

  • WORKING PAPER

    Chatterji, Cunningham, Deming, Hitzig, Ong, Shan & Wadman, How People Use ChatGPT, NBER Working Paper No. 34255 (Sept. 2025). Working paper co-authored by company researchers.

    nber.org (PDF)

  • COMPANY SAFETY DISCLOSURE

    OpenAI, Strengthening ChatGPT's Responses in Sensitive Conversations (Oct. 27, 2025). Company statement; initial internal estimates, not independently verified.

    openai.com

  • NEWS REPORT

    TechCrunch, Sam Altman Says ChatGPT Has Hit 800M Weekly Active Users (Oct. 6, 2025). News report of a company announcement.

    techcrunch.com

  • COMMENTARY

    Lance Eliot, Mindfully Analyzing OpenAI Released Data on AI Mental Health Distress, Forbes (Oct. 28, 2025). Commentary on measurement assumptions and limitations.

    forbes.com

  • NEWS REPORT

    Business & Human Rights Resource Centre, OpenAI Estimates 560,000 Users Per Week Show "Possible Signs of Mental Health Emergencies" (Oct. 27, 2025). Secondary compilation performing the headcount arithmetic.

    business-humanrights.org


[PR: 003]
AI, Psychosis, Mania, and Delusional Spiraling

The term AI psychosis is used here descriptively and as it appears in clinical, journalistic, and public-record discussions.

It is not presently a diagnosis in the Diagnostic and Statistical Manual of Mental Disorders.

The emerging literature does not establish one settled mechanism. The evidence base remains uneven: it includes editorials, case reports, observational clinical data, reviews, model-response studies, and analyses of publicly reported incidents. Those sources answer different questions and should not be treated as interchangeable. Taken together, however, the emerging literature documents growing clinical concern about feedback loops, emotional reinforcement, anthropomorphic language, sycophancy, sleep disruption, authority simulation, delusional validation, and the role of extended chatbot encounters in vulnerable users.

The trajectory of the literature itself is part of the record. An early published hypothesis appeared in a 2023 psychiatric editorial. By 2025, the subject had produced published case reports from clinical practice. By late 2025 and early 2026, it had generated observational clinical data, peer-reviewed analyses, mechanistic frameworks, competing interpretations, and calls for systematic study.

Sources

  • PEER-REVIEWED EDITORIAL

    Østergaard, Will Generative Artificial Intelligence Chatbots Generate Delusions in Individuals Prone to Psychosis?, Schizophrenia Bulletin 49(6):1418–1419 (2023). Peer-reviewed editorial; the originating hypothesis.

    doi.org/10.1093/schbul/sbad128

  • PEER-REVIEWED EDITORIAL

    Østergaard, Generative Artificial Intelligence Chatbots and Delusions: From Guesswork to Emerging Cases, Acta Psychiatrica Scandinavica 152(4):257–259 (2025). Peer-reviewed editorial revisiting the hypothesis in light of accumulating accounts; explicitly calls for systematic research.

    onlinelibrary.wiley.com

  • PREPRINT

    Morrin, Nicholls, Levin, Yiend, Iyengar, DelGuidice, Bhattacharyya, MacCabe, Tognin, Twumasi, Alderson-Day & Pollak, Delusions by Design? How Everyday AIs Might Be Fuelling Psychosis (and What Can Be Done About It) (2025). Preprint, not peer-reviewed; surveys reported cases and proposes mechanisms.

    osf.io/preprints/psyarxiv

  • CASE REPORT

    Pierre, Gaeta, Raghavan & Sarma, "You're Not Crazy": A Case of New-Onset AI-Associated Psychosis, Innovations in Clinical Neuroscience (2025). Case report from clinical practice; among the first of its kind. A case report is not proof of a universal mechanism.

    innovationscns.com

  • PEER-REVIEWED RESEARCH LETTER

    Olsen, Reinecke-Tellefsen & Østergaard, Potentially Harmful Consequences of Artificial Intelligence Chatbot Use Among Patients With Mental Illness: Early Data From a Large Psychiatric Service System, Acta Psychiatrica Scandinavica 153(4):301–303 (2026). Peer-reviewed research letter reporting early observational findings from a psychiatric service system. The findings do not establish population prevalence or causation.

    onlinelibrary.wiley.com

  • PEER-REVIEWED VIEWPOINT

    Hudon & Stip, Delusional Experiences Emerging From AI Chatbot Interactions or "AI Psychosis", JMIR Mental Health 12:e85799 (Dec. 2025). Peer-reviewed viewpoint.

    mental.jmir.org

  • PEER-REVIEWED ANALYSIS

    Artificial Intelligence (AI) Psychosis: Mechanisms, Clinical Risks and Safety Considerations in Generative AI Chatbots, BJPsych Open (2026). Peer-reviewed analysis.

    cambridge.org

  • PEER-REVIEWED ANALYSIS

    Chatbot Psychosis: Moving Beyond Recognition to Mechanistic Understanding and Harm Reduction, The British Journal of Psychiatry (2026). Peer-reviewed analysis.

    cambridge.org

  • PEER-REVIEWED SCOPING REVIEW

    Chung, Bernier & Hudon, Mass Media Narratives of Psychiatric Adverse Events Associated With Generative AI Chatbots: Rapid Scoping Review, JMIR Mental Health 13:e93040 (2026). Peer-reviewed synthesis of publicly reported psychiatric adverse events. Because the underlying accounts were identified through mass-media reporting rather than standardized clinical assessment, the review maps reported patterns but does not establish diagnoses, prevalence, or causation.

    mental.jmir.org

  • PREPRINT

    Shen, Hamati, Donohue, Girgis, Veenstra-VanderWeele & Jutla, Evaluation of Large Language Model Chatbot Responses to Psychotic Prompts (2025). Preprint, not peer-reviewed.

    medrxiv.org (PDF)

  • PEER-REVIEWED COMMENTARY — QUALIFYING VIEW

    Carlbring et al., Commentary: AI Psychosis Is Not a New Threat: Lessons From Media-Induced Delusions, Internet Interventions 42:100882 (2025). Peer-reviewed commentary arguing that people experiencing psychosis have long incorporated emerging technologies and cultural material into delusional systems, and that current chatbot-related cases should be understood within that historical clinical context. Included to preserve a material competing interpretation of novelty and mechanism.

    pubmed.ncbi.nlm.nih.gov

  • PROFESSIONAL-ASSOCIATION REPORTING

    Special Report: AI-Induced Psychosis: A New Frontier in Mental Health, Psychiatric News (Oct. 2025). Professional-association reporting; documents concern about missed crisis escalation, memory-feature reinforcement, and vulnerable populations.

    psychiatryonline.org


[PR: 004]
Clinical Background: Diagnosis, Sleep, Mania, and Postpartum Vulnerability

The existence of a diagnosis does not end the environmental inquiry.

Nor does the existence of an environmental factor erase diagnosis.

The clinical record relevant to A Trial of Color includes established, decades-deep literature on bipolar disorder, mania, psychosis, sleep loss, and postpartum vulnerability alongside the emerging literature concerning AI encounters. That established literature is standard and extensive; it is cited in full in Appendix B rather than reproduced here.

The established psychiatric literature has long recognized sleep and circadian disruption as clinically important in bipolar disorder and as possible precipitants or predictors of manic episodes in susceptible individuals. Research concerning the perinatal and postpartum periods likewise identifies elevated vulnerability to severe mood episodes and psychosis in some patients, with sleep disruption among the factors under continuing study. These findings do not establish that any particular environmental exposure caused any particular psychiatric event. They do establish that diagnosis, physiology, sleep, stress, timing, and environmental context may all belong in the same clinical inquiry.

The narrow point preserved here is the intersection. The emerging AI literature repeatedly identifies vulnerability factors — including sleep disruption, isolation, psychosis-proneness, acute stress, and prolonged immersive engagement — that overlap with factors already recognized in the established psychiatric literature. The two bodies of work approach the same human encounter from different directions.

Sources

  • PEER-REVIEWED RESEARCH

    Plante & Winkelman, Sleep Disturbance in Bipolar Disorder: Therapeutic Implications, American Journal of Psychiatry (2008).

    pubmed.ncbi.nlm.nih.gov

  • PEER-REVIEWED RESEARCH

    Melo et al., Sleep and Circadian Alterations in People at Risk for Bipolar Disorder, Journal of Psychiatric Research (2016).

    pubmed.ncbi.nlm.nih.gov

  • PEER-REVIEWED RESEARCH

    Salvadore et al., The Neurobiology of the Switch Process in Bipolar Disorder, Journal of Clinical Psychiatry (2010).

    pubmed.ncbi.nlm.nih.gov

  • PEER-REVIEWED RESEARCH

    Perry et al., Perinatal Sleep Disruption and Postpartum Psychosis in Women With Bipolar Disorder.

    pubmed.ncbi.nlm.nih.gov

  • PEER-REVIEWED RESEARCH

    Sharma et al., The Relationship Between Duration of Labour, Time of Delivery, and Puerperal Psychosis.

    pubmed.ncbi.nlm.nih.gov


[PR: 005]
Trust, Reliance, Anthropomorphism, and Automation Bias

The questions raised in this record do not depend solely on a psychosis mechanism. Human beings routinely extend trust to systems, interfaces, and agents that present as authoritative, responsive, helpful, or consistent — regardless of their internal architecture.

The human-factors and cognitive literature has studied this for decades across aviation, medicine, and automation. Three related concepts are particularly relevant here:

Automation bias is the tendency to over-rely on automated recommendations or outputs, including accepting erroneous automated advice without sufficient verification. It increases when the automation appears confident and when manual verification is cognitively costly or inconvenient.

Anthropomorphism is the attribution of human characteristics — emotion, intention, understanding, judgment, personality — to non-human agents or systems. Research consistently shows that even minimal social cues (names, voices, conversational responsiveness) trigger anthropomorphic attribution and associated trust increases.

Trust calibration concerns the degree to which a user's trust in a system matches the system's actual reliability, competence, and appropriate role. Miscalibrated trust — whether too high or too low — can lead to over-reliance, under-reliance, or failure to seek appropriate human alternatives.

Conversational AI presents a uniquely persuasive interface because it combines the social cues that trigger anthropomorphism with the confident fluency that drives automation bias, in a medium that is private, persistent, and available without friction at any hour.

These dynamics matter independently of any psychosis or mania mechanism. A user without any psychiatric vulnerability may still overestimate an AI system's authority, empathy, reliability, or independence — particularly when the system's responses are well-calibrated to their preferences, concerns, or emotional state.

The same qualities that make conversational AI approachable may also make its authority, empathy, reliability, or independence easier for users to overestimate.

Sources

  • PEER-REVIEWED RESEARCH

    Lee & See, Trust in Automation: Designing for Appropriate Reliance, Human Factors 46(1):50–80 (2004).

    pubmed.ncbi.nlm.nih.gov

  • PEER-REVIEWED RESEARCH

    Parasuraman & Manzey, Complacency and Bias in Human Use of Automation: An Attentional Integration, Human Factors 52(3):381–410 (2010).

    pubmed.ncbi.nlm.nih.gov

  • PEER-REVIEWED RESEARCH

    Goddard, Roudsari & Wyatt, Automation Bias: A Systematic Review of Frequency, Effect Mediators, and Mitigators, Journal of the American Medical Informatics Association 19(1):121–127 (2012).

    pubmed.ncbi.nlm.nih.gov

  • PEER-REVIEWED RESEARCH

    Lyell & Coiera, Automation Bias and Verification Complexity: A Systematic Review, Journal of the American Medical Informatics Association 24(2):423–431 (2017).

    pubmed.ncbi.nlm.nih.gov

  • PEER-REVIEWED RESEARCH

    Dubiel et al., Conversational Agents Trust Calibration, ACM CHI Conference on Human Factors in Computing Systems (2022).

    doi.org/10.1145/3543829.3544518

  • PEER-REVIEWED RESEARCH

    Carter et al., The Human-Automation Trust Expectation Model, Frontiers in Psychology (2024).

    pmc.ncbi.nlm.nih.gov

  • PEER-REVIEWED RESEARCH

    de Visser et al., Almost Human: Anthropomorphism Increases Trust Resilience in Cognitive Agents, Journal of Experimental Psychology: Applied 22(3):331–349 (2016).

    doi.org/10.1037/xap0000092

  • PEER-REVIEWED RESEARCH

    Cheng, Lee, Khadpe, Yu, Han & Jurafsky, Sycophantic AI Decreases Prosocial Intentions and Promotes Dependence, Science 391(6792):eaec8352 (2026).

    science.org


[PR: 006]
Sycophancy, Agreement, and Model Behavior

A language model does not need to invent a completely false world in one response to affect a vulnerable encounter.

It may flatter. Agree. Mirror. Escalate the user's frame. Convert uncertainty into confidence. Or continue speaking when an ordinary human conversation might slow down, challenge the premise, notice exhaustion, or end for the night.

Researchers and AI companies increasingly use the term sycophancy to describe model behavior that favors agreement with a user's expressed beliefs or preferences over accuracy, independence, or appropriate resistance.

This is no longer only a research concept. It is a publicly acknowledged model behavior and an emerging litigation theory:

  • In April 2025, OpenAI publicly rolled back an update to its GPT-4o model after finding it overly sycophantic — in the company's own description, validating doubts, fueling anger, urging impulsive actions, and reinforcing negative emotions. Company statement.
  • In October 2025, OpenAI's sensitive-conversations disclosure, discussed in PR: 002, identified 'emotional reliance on AI' as one of three named safety domains, alongside psychosis/mania and self-harm, and added it to baseline safety testing for future model releases. Company statement.
  • The mechanistic literature in PR: 003 — particularly Morrin et al. and the BJPsych reviews — treats sycophantic agreement as a candidate mechanism in delusional amplification. Preprint and peer-reviewed sources, respectively.
  • The complaints described in PR: 007 plead sycophancy, memory features, multi-turn engagement, and anthropomorphic design as elements of alleged design defect. Allegations, not established facts.

Sources

  • PEER-REVIEWED RESEARCH

    Sharma, Tong, Korbak, Duvenaud, Askell, Bowman, Cheng, Durmus, Hatfield-Dodds, Johnston, Kravec, Maxwell, McCandlish, Ndousse, Rausch, Schiefer, Yan, Zhang & Perez, Towards Understanding Sycophancy in Language Models (2023; published at ICLR 2024).

    arxiv.org

  • COMPANY STATEMENT

    OpenAI, Sycophancy in GPT-4o: What Happened and What We're Doing About It (Apr. 29, 2025).

    openai.com

  • COMPANY STATEMENT

    OpenAI, Expanding on What We Missed With Sycophancy (May 2, 2025).

    openai.com

  • COMPANY SAFETY DISCLOSURE

    OpenAI, Addendum to GPT-5 System Card: Sensitive Conversations (Oct. 27, 2025). Company safety evaluation describing benchmarks concerning psychosis or mania, self-harm, and emotional reliance in sensitive conversations.

    openai.com

  • PEER-REVIEWED RESEARCH

    Cheng, Lee, Khadpe, Yu, Han & Jurafsky, Sycophantic AI Decreases Prosocial Intentions and Promotes Dependence, Science 391(6792):eaec8352 (2026).

    science.org


[PR: 007]
Litigation and Reported Incidents

The following materials are included to document public allegations, proceedings, reported settlements, and the questions now entering courts.

The materials below do not all carry the same legal weight. Complaints contain allegations; answers state litigation positions; motion-to-dismiss rulings test legal sufficiency rather than ultimate proof; reported incidents may not produce litigation; and settlements may resolve claims without admissions.

Unless expressly stated otherwise, the allegations remain disputed and unproven.

Inclusion does not mean that liability, causation, defect, negligence, damages, or company knowledge have been established.

Litigation status can change quickly and should be checked before reliance.

For the legal synthesis of the claims, defenses, causation standards, damages, and discovery issues raised by these proceedings, see AI Harm & the Law. See also PR: 005 for the trust, reliance, and anthropomorphism literature relevant to the design questions those cases raise.

Garcia v. Character Technologies, Inc. — An Early Ruling and Later Settlements

COMPLAINT — ALLEGATIONS

Filed October 2024 in the U.S. District Court for the Middle District of Florida (No. 6:24-cv-01903) by Megan Garcia, following the February 2024 suicide of her 14-year-old son, Sewell Setzer III, after extended engagement with a Character.AI persona. Complaint: allegations.

JUDICIAL DECISION

On May 21, 2025, Judge Anne C. Conway denied the core of the defendants' motion to dismiss, allowing wrongful death, negligence, and product liability claims to proceed and declining, at that stage, to hold that the chatbot's output was protected speech. The decision was an early federal ruling allowing core tort claims against a conversational-AI developer to proceed beyond the pleading stage. Ruling at the motion-to-dismiss stage — a finding of plausibility, not of liability. Garcia v. Character Technologies, Inc., 785 F. Supp. 3d 1157 (M.D. Fla. 2025).

SETTLEMENT — TERMS UNDISCLOSED

In January 2026, court filings showed that the parties had agreed to mediated settlements in Garcia and four parallel cases: A.F. v. Character Technologies in Texas; Montoya v. Character Technologies and E.S. v. Character Technologies in Colorado; and P.J. v. Character Technologies in New York, brought on behalf of the minor publicly identified as "Nina" J. Terms were not disclosed. A settlement does not necessarily include an admission of liability. The May 2025 ruling stands.

Coverage: Reuters · AP News · Bloomberg Law · CNN

CourtListener docket: courtlistener.com

Raine v. OpenAI — pending

COMPLAINT — ALLEGATIONS

Filed August 26, 2025, in San Francisco County Superior Court by Matthew and Maria Raine against OpenAI and CEO Sam Altman, following the April 2025 suicide of their 16-year-old son Adam. The complaint pleads strict product liability (design defect, failure to warn), negligence, consumer-protection, wrongful death, and survival claims. Complaint: allegations. Complaint text — documentcloud.org

ANSWER — LITIGATION POSITION

In November 2025, OpenAI answered, denying responsibility, stating that ChatGPT directed Adam to crisis resources and trusted individuals more than 100 times, and asserting that his mental-health history predated his use of the product. Company litigation position; the transcripts were submitted under seal.

OpenAI's statement of its litigation approach: openai.com

OpenAI's filed answer: arstechnica.net (PDF)

The case is pending. Disputed and unproven on both sides.

The November 2025 wave

COMPLAINT — ALLEGATIONS

In November 2025, seven additional lawsuits were filed in California against OpenAI and Sam Altman, concerning three additional suicides (including 23-year-old Zane Shamblin and 26-year-old Joshua Enneking) and four users alleging AI-induced psychotic episodes. Complaints: allegations.

Plaintiffs' counsel filing announcement: socialmediavictims.org

Independent reporting: The Guardian

These filings are notable to the record for one structural reason: they extend the litigation questions beyond minors and beyond suicide, into adult users and psychosis-type harms — the territory closest to the questions this book preserves.

Company responses in the same period

COMPANY STATEMENT

In late October 2025, Character.AI announced it would bar users under 18 from open-ended conversations with its chatbots, effective November 25, 2025, along with age-assurance measures. Company action; not an admission. blog.character.ai

Plaintiffs and public officials have cited the timing of later safety changes when arguing that risks were foreseeable or previously known. Defendants dispute those inferences. Later remedial measures are not, standing alone, admissions of defect, causation, prior knowledge, or liability, and their admissibility and permissible use depend on the governing law and the purpose for which they are offered.


[PR: 008]
Selected State Enforcement and Federal Scrutiny

Private lawsuits ask whether particular plaintiffs can prove particular claims.

Government enforcement asks a different question: whether consumer-protection law, child-safety authority, regulatory investigation, or public oversight should intervene before liability is resolved one family at a time.

Commonwealth of Kentucky v. Character Technologies, Inc.

GOVERNMENT COMPLAINT — ALLEGATIONS

On January 8, 2026, Kentucky Attorney General Russell Coleman filed suit in Franklin Circuit Court (No. 26-CI-00029) against Character Technologies and its founders. The Attorney General described the action as the first lawsuit brought by a state against an AI chatbot company concerning alleged harms to children.

The complaint alleges violations of the Kentucky Consumer Protection Act and the Kentucky Consumer Data Protection Act, pleading unfair and deceptive practices, unfair collection and exploitation of children's data, and unjust enrichment. It seeks injunctive relief and civil penalties. A complaint contains allegations, not established facts. Character.AI has said it is reviewing the allegations and disputes the characterization of its safety work.

GOVERNMENT PRESS RELEASE

Attorney General's announcement: kentucky.gov

Complaint, motion, and order — filed copy: ag.ky.gov (PDF)

NEWS REPORT

Related reporting: route-fifty.com

This page is maintained from Louisville. The author notes without further comment that Kentucky's Attorney General described the action as the first state lawsuit of its kind.

Commonwealth of Pennsylvania v. Character Technologies, Inc.

GOVERNMENT COMPLAINT — ALLEGATIONS

In May 2026, the Commonwealth of Pennsylvania filed an enforcement action alleging that Character.AI permitted chatbot personas to hold themselves out as licensed medical and mental-health professionals. The action alleges deceptive conduct and unauthorized professional practice. Character.AI disputes the allegations and states that its characters are identified as fictional and should not be relied upon as professional advice. Complaint: allegations, not established facts.

This matter is included for a distinct reason: it introduces an unauthorized-practice and professional-impersonation theory that differs structurally from the child-safety and wrongful-death theories in the other enforcement actions listed here.

Federal Trade Commission — Section 6(b) inquiry

REGULATORY INQUIRY

On September 11, 2025, the Federal Trade Commission issued compulsory orders under Section 6(b) of the FTC Act to seven companies operating consumer-facing AI-powered chatbots. The inquiry seeks information about how the companies design, advertise, monetize, test, monitor, and govern their products, including their potential effects on children and teenagers. A Section 6(b) inquiry is a fact-gathering study conducted through compulsory process; it is not an enforcement complaint, adjudication, or finding of wrongdoing.

FTC announcement: ftc.gov

Orders and resolution documents: ftc.gov

Other state and congressional activity

  • REGULATORY INQUIRY

    In August 2025, the Texas Attorney General opened a consumer-protection investigation into chatbots offering emotional support to users, including Character.AI's. Investigation, not a finding.

    texasattorneygeneral.gov

  • SWORN TESTIMONY

    On September 16, 2025, the Senate Judiciary Subcommittee on Crime and Counterterrorism held a congressional hearing examining alleged harms associated with AI chatbots, at which Megan Garcia and Matthew and Maria Raine testified. Testimony: sworn accounts, contested inferences.

    judiciary.senate.gov

  • Follow-on federal bills are tracked in PR: 009 below. Overview of the litigation-to-legislation pipeline: techpolicy.press


[PR: 009]
Laws and Policy Responses

The materials below also carry different legal status. Enacted laws impose present legal obligations according to their effective dates and scope; pending bills and discussion drafts do not; executive actions govern within their lawful reach but are not statutes; and policy frameworks may recommend legislation without creating independently enforceable duties.

New York Artificial-Intelligence Companion Models Law — enacted, in effect

ENACTED LAW

New York General Business Law Article 47 (§§ 1700–1704) took effect November 5, 2025 — the first state AI-companion law to take effect. It requires operators to maintain crisis-response protocols for suicidal ideation and self-harm, and to notify users at the start of interactions and at recurring intervals that they are not communicating with a human. Enforcement rests exclusively with the New York Attorney General, with civil penalties up to $15,000 per day, directed to suicide-prevention funding. Statute.

Statute text: nysenate.gov

Governor's enforcement notice to AI companies: governor.ny.gov

California Senate Bill 243: Companion Chatbots — enacted, in effect

ENACTED LAW

Signed October 13, 2025; core requirements effective January 1, 2026, with annual reporting obligations beginning July 1, 2027. SB 243 imposes disclosure, self-harm protocol, and minor-protection requirements on companion-chatbot operators serving California users, and — unlike New York — creates a private right of action for injured persons within the statute's scope. Statute.

Comparative analysis of the New York and California laws: mofo.com

Official California legislative record: leginfo.legislature.ca.gov

European Union Artificial Intelligence Act — enacted, phased implementation

ENACTED LAW

Regulation (EU) 2024/1689 establishes a risk-based legal framework for artificial-intelligence systems, with obligations phasing in on a multi-year schedule that remains subject to ongoing implementation debate in Brussels. Statute (EU regulation); check current implementation timeline before reliance.

Official text: eur-lex.europa.eu

TAKE IT DOWN Act — enacted

ENACTED LAW

S.146, 119th Congress, signed into law May 19, 2025. The federal law criminalizes the nonconsensual publication of intimate imagery, expressly including digitally generated or altered material, and requires covered platforms to establish notice-and-removal processes. Statute.

Bill and law text: congress.gov

NO FAKES Act — pending

PENDING BILL

The proposed NO FAKES Act would create federal protection against unauthorized digital replicas of an individual's voice or likeness. Reintroduced in the 119th Congress, it has not been enacted as a standalone statute; its provisions have also been incorporated wholesale into the comprehensive federal discussion draft described below. Pending bill, not law.

coons.senate.gov

The federal framework fight: Executive Order 14365, the White House Framework, and the TRUMP AMERICA AI Act

This is the fastest-moving portion of the record, and the portion most likely to be misdescribed. The sequence, precisely:

  • December 11, 2025 — President Trump signed Executive Order 14365, "Ensuring a National Policy Framework for Artificial Intelligence," directing the preparation of a uniform federal AI framework and taking the position that conflicting state AI laws should be preempted. It followed the administration's July 2025 executive order restricting federal procurement to large language models deemed free of ideological bias — the so-called "preventing woke AI" order. Executive actions: binding on the executive branch, not statutes.
  • March 18, 2026 — Senator Marsha Blackburn released a discussion draft of the TRUMP AMERICA AI Act, a 291-page framework organized around "children, creators, conservatives, and communities." Among its provisions: a general duty of care for AI developers enforceable by the FTC; a federal AI products-liability cause of action with a private right of action; annual third-party audits of high-risk AI systems for viewpoint or political-affiliation discrimination; federal procurement limited to models complying with "unbiased AI principles"; incorporation of the Kids Online Safety Act, the GUARD Act, and the NO FAKES Act; new copyright rules for training data; and partial preemption of state AI law. Discussion draft: not introduced, not passed, not law.
  • March 20, 2026 — the White House issued its National Policy Framework for Artificial Intelligence, a non-binding legislative recommendation calling on Congress to preempt state AI laws in favor of a single national standard. Policy recommendation, not law.
EXECUTIVE ACTION

Executive Order 14365: federalregister.gov

GOVERNMENT FRAMEWORK

White House framework announcement: whitehouse.gov

DISCUSSION DRAFT

Senator Blackburn's release and section-by-section summary: blackburn.senate.gov

LEGAL ANALYSIS

Legal analyses: lw.com (Latham & Watkins) · gibsondunn.com

A central unresolved issue in these proposals is definitional: who defines terms such as "woke," "bias," or "neutrality"? These terms do not have stable legal definitions across statutes, agencies, or courts. Unlike established legal standards — "strict scrutiny," "material misrepresentation" — they are normative rather than technical, politically contested rather than legally settled, and context-dependent rather than consistently measurable.

That creates practical and constitutional questions that remain open:

  • Whether vague or subjective standards can be enforced without chilling lawful speech
  • How regulators would distinguish harmful bias from legitimate expression or accurate factual content
  • Whether government-imposed neutrality requirements conflict with First Amendment protections
  • How companies would operationalize compliance in large-scale probabilistic systems

The inclusion of this material reflects the expanding scope of AI governance — not only safety and harm, but speech, ideology, preemption, and the limits of regulation. And it reflects a structural tension the reader should hold: the same draft federal framework that would create a duty of care and a products-liability action for AI harms would also preempt portions of the state law under which cases like Kentucky's are being brought.

Child-safety chatbot bills — pending

  • PENDING BILL

    GUARD Act (Hawley–Blumenthal, introduced October 2025): age verification for AI chatbots and a ban on AI companions for minors. Advanced unanimously by the Senate Judiciary Committee on April 30, 2026; awaiting floor consideration. Pending bill.

    hawley.senate.gov (PDF)

  • PENDING BILL

    CHATBOT Act (Cruz–Schatz–Curtis–Schiff, introduced April 2026): age-tiered parental controls, consent requirements, and platform transparency obligations, enforced by the FTC and state attorneys general. Pending bill.

  • Analysis of both against the litigation record: techpolicy.press

For the current-state legal analysis of these statutes and proposals, see AI Harm & the Law.


[PR: 010]
Synthetic Media, Evidence, and Provenance

The public record surrounding AI is not limited to chatbot harms.

Courts, journalists, lawyers, researchers, and the public must also determine whether a piece of digital evidence is authentic, altered, generated, or stripped of its provenance.

The statutes above already reach into this territory: the TAKE IT DOWN Act covers digitally generated intimate imagery; the NO FAKES Act would govern digital replicas of voice and likeness; the federal discussion draft would direct NIST to develop standards for content provenance, watermarking, and synthetic-content detection.

The evidentiary question runs the other direction, too — and it is the question this book lives inside. A preserved AI transcript may be part of a record. Its evidentiary weight depends on provenance, completeness, authenticity, context, method of capture, platform architecture, and chain of custody. That is why the author's archive (PR: 014) is described in this record with the same status discipline applied to every other source on this page.

Provenance is not a technical nicety. It is the difference between a record and a claim.

Sources

  • GOVERNMENT FRAMEWORK

    National Institute of Standards and Technology, Reducing Risks Posed by Synthetic Content: An Overview of Technical Approaches to Digital Content Transparency, NIST AI 100-4 (2024).

    nist.gov

  • TECHNICAL STANDARD

    Coalition for Content Provenance and Authenticity, C2PA Technical Specifications.

    spec.c2pa.org

  • TECHNICAL STANDARD

    Content Credentials, Verify Media Authenticity.

    contentcredentials.org


[PR: 011]
Risk Management, Documentation, and Model Evaluation

Litigation asks what a company knew, what it tested, what it documented, what it changed, and whether its safeguards were reasonable under the circumstances.

Public risk-management frameworks do not answer those questions for a court, establish a legal standard of care, or determine whether any particular safeguard was adequate. They do, however, help establish the growing professional vocabulary surrounding foreseeable risks, measurement, governance, testing, documentation, transparency, and post-deployment monitoring.

The National Institute of Standards and Technology's voluntary AI Risk Management Framework organizes AI-risk work around four functions: govern, map, measure, and manage. Its Generative Artificial Intelligence Profile applies that framework to risks associated specifically with generative systems and recommends structured risk identification, documentation, evaluation, incident management, and ongoing monitoring.

AI developers also publish system cards and other safety materials describing model capabilities, limitations, evaluations, and mitigation efforts. These materials are company-authored and should not be treated as independent findings or as proof that the described practices were adequate, consistently followed, or effective in a particular encounter.

They are relevant for a narrower reason: they show that model evaluation, foreseeable misuse, behavioral testing, transparency, monitoring, and risk mitigation have become express subjects of institutional policy rather than concerns invented only after litigation begins.

Sources

  • GOVERNMENT FRAMEWORK

    Artificial Intelligence Risk Management Framework (AI RMF 1.0), NIST AI 100-1 (Jan. 2023). Voluntary federal risk-management framework.

    nist.gov

  • GOVERNMENT FRAMEWORK

    Artificial Intelligence Risk Management Framework: Generative Artificial Intelligence Profile, NIST AI 600-1 (July 2024). Cross-sector generative-AI companion to the AI RMF.

    nist.gov

  • COMPANY SAFETY DISCLOSURE

    OpenAI, GPT-4o System Card (Aug. 8, 2024). Company-authored model evaluation and safety disclosure.

    openai.com


[PR: 012]
Perception, Color, and Achromatopsia

The book's inquiry begins with perception.

Color may feel immediate and obvious to people who see it, but it emerges through light, the body, the brain, language, memory, and shared categorization.

Achromatopsia makes that hidden architecture visible.

The clinical and scientific literature on achromatopsia and color perception is established and stable; it is cited in Appendix B. It is on this page for one reason: the book's method — testing what feels self-evident against what can actually be established — comes from a life spent navigating a category everyone else treats as obvious. The record above is read the same way.

Sources

  • PEER-REVIEWED RESEARCH

    Jackson, Epiphenomenal Qualia, The Philosophical Quarterly 32(127):127–136 (1982).

    doi.org/10.2307/2960077

  • PEER-REVIEWED RESEARCH

    Jackson, What Mary Didn't Know, The Journal of Philosophy 83(5):291–295 (1986).

    doi.org/10.2307/2026143

  • BOOK

    Sacks, The Island of the Colorblind (1997).

    oliversacks.com

  • GOVERNMENT MEDICAL REFERENCE

    MedlinePlus Genetics, Achromatopsia.

    medlineplus.gov


[PR: 013]
Testimony, Civic Judgment, and the Duty Not to Look Away

The record collected on this page did not assemble itself.

It exists because parents sat before a Senate subcommittee and described the last months of their children's lives. Because clinicians wrote up cases they could have left in the chart. Because a company published percentages it was not required to publish. Because state attorneys general filed complaints, and reporters read them, and judges ruled on them, and families who had already lost everything decided the record mattered more than their privacy.

Testimony is a civic act. So is reading it.

The law recognizes willful blindness in particular contexts when a person deliberately avoids what the circumstances would otherwise require them to confront. This page invokes the phrase more broadly, not as an accusation or a legal conclusion, but as a civic warning against refusing to examine an uncomfortable record.

This page asks nothing more of the reader than the duty a juror accepts: examine the record, weigh the source, hold the questions open, and do not look away because the material is uncomfortable or the arithmetic is large.

Sources


[PR: 014]
The Author's Archive
PRIVATE ARCHIVE — NOT INDEPENDENTLY AUTHENTICATED

The public record is not the entire record.

Kathleen C. Thompson maintains a private archive of AI conversation material and records from the period described in A Trial of Color, extending through approximately February 2025.

The archive includes preserved AI conversation content and other materials associated with the period described in the book.

The form, completeness, available metadata, method of capture, and method of preservation may vary across items.

The archive as a whole has not undergone independent forensic authentication or comprehensive external review, and this page does not claim otherwise.

Portions of the specimen record are available on this site. Some are publicly accessible, while others require a reader login. Twelve specimens appear in A Trial of Color under limiting instructions. Additional specimens remain available to qualified researchers under appropriate protections, subject to review and the terms governing access.

The archive predates nearly everything collected on this page. That chronology is not offered as proof, corroboration, or vindication. It is preserved because sequence matters, and because later public developments should not be permitted to obscure what was recorded, when it was recorded, or the limits of what that record can establish.

Research, scholarly, legal, or institutional inquiries: atrialofcolor.com/contact


[PR: 015]
More Sources Appear in the Book

This page is a public-facing selection.

It is not the complete source record.

The fuller selected bibliography — including the clinical literature underlying PR: 004, the perception science underlying PR: 012, additional litigation and regulatory materials, historical texts, and status notes — appears in Appendix B of A Trial of Color.

Book information: atrialofcolor.com/the-book


[PR: 016]
The Continuing Record

This record is selected, not exhaustive.

The law is still developing.

The research is still developing.

The products are still changing.

The cases are still moving.

New complaints will be filed.

Some claims will fail.

Some cases will settle. Some already have.

Some research findings will be challenged, refined, or replaced.

Company safeguards will change.

Additional statutes will take effect. Others already have.

Courts will begin deciding questions that have, until now, existed mostly in theory. In Frankfort, Kentucky, one of those questions is already before a court.

That is why this page is a living public record rather than a frozen bibliography.

The record remains open.


Last substantively reviewed: July 12, 2026 · Full Color Press · A Trial of Color