Amended IN Assembly May 02, 2024 Amended IN Assembly April 25, 2024 Amended IN Assembly March 19, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1791Introduced by Assembly Member WeberJanuary 04, 2024An act to add Chapter 11.1 (commencing with Section 21760) to Division 8 of the Business and Professions Code, relating to social media platforms.LEGISLATIVE COUNSEL'S DIGESTAB 1791, as amended, Weber. Digital content provenance.Existing law requires the Secretary of Government Operations to develop a coordinated plan to, among other things, investigate the feasibility of, and obstacles to, developing standards and technologies for state departments to determine digital content provenance. For the purpose of informing that coordinated plan, existing law requires the secretary to evaluate, among other things, the legal implications associated with the use of digital content forgery technologies, deepfakes, and technologies allowing public verification of digital content provenance.This bill would require a social media platform, as defined, to redact personal provenance data, as defined, from content uploaded to the social media platform by a user and would prohibit a social media platform from redacting system provenance data, as defined, from content uploaded to the social media platform by a user, except as prescribed. The bill would authorize a user of a social media platform to bring a civil action against make a social media platform that fails to comply with the bill with regard to content uploaded by that user violates those provisions liable in a civil action brought by a user of a social media platform for certain relief, including actual damages or statutory damages of $10,000 per violation, whichever is greater.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 11.1 (commencing with Section 21760) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 11.1. Digital Content Provenance21760. As used in this chapter:(a) Personal provenance data means provenance data that contains personal information, as defined in Section 1798.140 of the Civil Code. any of the following:(1) Personal information, as defined by Section 1798.140 of the Civil Code.(2) Unique device, system, or service information that is reasonably capable of being associated with a particular user.(3) Time-of-day information.(b) Provenance data means data that is embedded into digital content, or that is included in the digital contents metadata, for the purpose of verifying the digital contents authenticity, origin, or history of modification, including, but not limited to, personal provenance data and system provenance data. modification.(c) Social media platform has the same meaning as defined in Section 22589.(d) System provenance data means provenance data that does is not reasonably capable of being associated with a particular user and that contains either of the following: (1) Identifies Information regarding the type of device, system, or service that was used to generate a piece of digital content.(2)Authenticates the digital content.(2) Information that provides proof of content authenticity.21761. (a) A social media platform shall redact personal provenance data from content uploaded to the social media platform by a user.(b) Except as provided in subdivision (c), a social media platform shall not redact system provenance data from content uploaded to the social media platform by a user.(c) (1)If a social media platform is unable to redact personal provenance data from content without also redacting system provenance data from the content, a social media platform shall redact the personal provenance data and the system provenance data from the content and shall append a label to the content that meets both all of the following criteria:(A)(1) The label prominently discloses any system provenance data that was redacted by the social media platform and does not contain personal provenance data. platform.(B)(2) The label remains appended to the content even if the content is shared, reposted, or otherwise replicated within the social media platform.(3) The label does not disclose any personal provenance data.(d) When content to which a social media platform has appended a label pursuant to subdivision (c) is downloaded, shared to an external internet website, or otherwise distributed in a manner that does not permit the social media platform to control how the content is displayed, the social media platform shall embed the system provenance data information contained in the label into the distributed content or add it to the contents metadata.(e) A social media platform shall abide by relevant industry standards to the greatest extent possible when redacting provenance data, labeling content, embedding system provenance data information into content, or adding system provenance data to content information to metadata pursuant to this section.21762.(a)A user of a social media platform may bring a civil action against a social media platform that fails to comply with this chapter with regard to content uploaded by that user for either of the following relief:21762. A social media platform that violates this chapter shall be liable in a civil action brought by a user of a social media platform for all of the following:(1)(a) Actual damages or statutory damages of not more than ten thousand dollars ($10,000) per violation, whichever is greater.(2)(b) Injunctive relief.(b)In an action pursuant to this section, the court shall award reasonable(c) Reasonable attorneys fees and costs to a prevailing plaintiff. costs.
Amended IN Assembly May 02, 2024 Amended IN Assembly April 25, 2024 Amended IN Assembly March 19, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1791Introduced by Assembly Member WeberJanuary 04, 2024An act to add Chapter 11.1 (commencing with Section 21760) to Division 8 of the Business and Professions Code, relating to social media platforms.LEGISLATIVE COUNSEL'S DIGESTAB 1791, as amended, Weber. Digital content provenance.Existing law requires the Secretary of Government Operations to develop a coordinated plan to, among other things, investigate the feasibility of, and obstacles to, developing standards and technologies for state departments to determine digital content provenance. For the purpose of informing that coordinated plan, existing law requires the secretary to evaluate, among other things, the legal implications associated with the use of digital content forgery technologies, deepfakes, and technologies allowing public verification of digital content provenance.This bill would require a social media platform, as defined, to redact personal provenance data, as defined, from content uploaded to the social media platform by a user and would prohibit a social media platform from redacting system provenance data, as defined, from content uploaded to the social media platform by a user, except as prescribed. The bill would authorize a user of a social media platform to bring a civil action against make a social media platform that fails to comply with the bill with regard to content uploaded by that user violates those provisions liable in a civil action brought by a user of a social media platform for certain relief, including actual damages or statutory damages of $10,000 per violation, whichever is greater.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly May 02, 2024 Amended IN Assembly April 25, 2024 Amended IN Assembly March 19, 2024
Amended IN Assembly May 02, 2024
Amended IN Assembly April 25, 2024
Amended IN Assembly March 19, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1791
Introduced by Assembly Member WeberJanuary 04, 2024
Introduced by Assembly Member Weber
January 04, 2024
An act to add Chapter 11.1 (commencing with Section 21760) to Division 8 of the Business and Professions Code, relating to social media platforms.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1791, as amended, Weber. Digital content provenance.
Existing law requires the Secretary of Government Operations to develop a coordinated plan to, among other things, investigate the feasibility of, and obstacles to, developing standards and technologies for state departments to determine digital content provenance. For the purpose of informing that coordinated plan, existing law requires the secretary to evaluate, among other things, the legal implications associated with the use of digital content forgery technologies, deepfakes, and technologies allowing public verification of digital content provenance.This bill would require a social media platform, as defined, to redact personal provenance data, as defined, from content uploaded to the social media platform by a user and would prohibit a social media platform from redacting system provenance data, as defined, from content uploaded to the social media platform by a user, except as prescribed. The bill would authorize a user of a social media platform to bring a civil action against make a social media platform that fails to comply with the bill with regard to content uploaded by that user violates those provisions liable in a civil action brought by a user of a social media platform for certain relief, including actual damages or statutory damages of $10,000 per violation, whichever is greater.
Existing law requires the Secretary of Government Operations to develop a coordinated plan to, among other things, investigate the feasibility of, and obstacles to, developing standards and technologies for state departments to determine digital content provenance. For the purpose of informing that coordinated plan, existing law requires the secretary to evaluate, among other things, the legal implications associated with the use of digital content forgery technologies, deepfakes, and technologies allowing public verification of digital content provenance.
This bill would require a social media platform, as defined, to redact personal provenance data, as defined, from content uploaded to the social media platform by a user and would prohibit a social media platform from redacting system provenance data, as defined, from content uploaded to the social media platform by a user, except as prescribed. The bill would authorize a user of a social media platform to bring a civil action against make a social media platform that fails to comply with the bill with regard to content uploaded by that user violates those provisions liable in a civil action brought by a user of a social media platform for certain relief, including actual damages or statutory damages of $10,000 per violation, whichever is greater.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 11.1 (commencing with Section 21760) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 11.1. Digital Content Provenance21760. As used in this chapter:(a) Personal provenance data means provenance data that contains personal information, as defined in Section 1798.140 of the Civil Code. any of the following:(1) Personal information, as defined by Section 1798.140 of the Civil Code.(2) Unique device, system, or service information that is reasonably capable of being associated with a particular user.(3) Time-of-day information.(b) Provenance data means data that is embedded into digital content, or that is included in the digital contents metadata, for the purpose of verifying the digital contents authenticity, origin, or history of modification, including, but not limited to, personal provenance data and system provenance data. modification.(c) Social media platform has the same meaning as defined in Section 22589.(d) System provenance data means provenance data that does is not reasonably capable of being associated with a particular user and that contains either of the following: (1) Identifies Information regarding the type of device, system, or service that was used to generate a piece of digital content.(2)Authenticates the digital content.(2) Information that provides proof of content authenticity.21761. (a) A social media platform shall redact personal provenance data from content uploaded to the social media platform by a user.(b) Except as provided in subdivision (c), a social media platform shall not redact system provenance data from content uploaded to the social media platform by a user.(c) (1)If a social media platform is unable to redact personal provenance data from content without also redacting system provenance data from the content, a social media platform shall redact the personal provenance data and the system provenance data from the content and shall append a label to the content that meets both all of the following criteria:(A)(1) The label prominently discloses any system provenance data that was redacted by the social media platform and does not contain personal provenance data. platform.(B)(2) The label remains appended to the content even if the content is shared, reposted, or otherwise replicated within the social media platform.(3) The label does not disclose any personal provenance data.(d) When content to which a social media platform has appended a label pursuant to subdivision (c) is downloaded, shared to an external internet website, or otherwise distributed in a manner that does not permit the social media platform to control how the content is displayed, the social media platform shall embed the system provenance data information contained in the label into the distributed content or add it to the contents metadata.(e) A social media platform shall abide by relevant industry standards to the greatest extent possible when redacting provenance data, labeling content, embedding system provenance data information into content, or adding system provenance data to content information to metadata pursuant to this section.21762.(a)A user of a social media platform may bring a civil action against a social media platform that fails to comply with this chapter with regard to content uploaded by that user for either of the following relief:21762. A social media platform that violates this chapter shall be liable in a civil action brought by a user of a social media platform for all of the following:(1)(a) Actual damages or statutory damages of not more than ten thousand dollars ($10,000) per violation, whichever is greater.(2)(b) Injunctive relief.(b)In an action pursuant to this section, the court shall award reasonable(c) Reasonable attorneys fees and costs to a prevailing plaintiff. costs.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 11.1 (commencing with Section 21760) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 11.1. Digital Content Provenance21760. As used in this chapter:(a) Personal provenance data means provenance data that contains personal information, as defined in Section 1798.140 of the Civil Code. any of the following:(1) Personal information, as defined by Section 1798.140 of the Civil Code.(2) Unique device, system, or service information that is reasonably capable of being associated with a particular user.(3) Time-of-day information.(b) Provenance data means data that is embedded into digital content, or that is included in the digital contents metadata, for the purpose of verifying the digital contents authenticity, origin, or history of modification, including, but not limited to, personal provenance data and system provenance data. modification.(c) Social media platform has the same meaning as defined in Section 22589.(d) System provenance data means provenance data that does is not reasonably capable of being associated with a particular user and that contains either of the following: (1) Identifies Information regarding the type of device, system, or service that was used to generate a piece of digital content.(2)Authenticates the digital content.(2) Information that provides proof of content authenticity.21761. (a) A social media platform shall redact personal provenance data from content uploaded to the social media platform by a user.(b) Except as provided in subdivision (c), a social media platform shall not redact system provenance data from content uploaded to the social media platform by a user.(c) (1)If a social media platform is unable to redact personal provenance data from content without also redacting system provenance data from the content, a social media platform shall redact the personal provenance data and the system provenance data from the content and shall append a label to the content that meets both all of the following criteria:(A)(1) The label prominently discloses any system provenance data that was redacted by the social media platform and does not contain personal provenance data. platform.(B)(2) The label remains appended to the content even if the content is shared, reposted, or otherwise replicated within the social media platform.(3) The label does not disclose any personal provenance data.(d) When content to which a social media platform has appended a label pursuant to subdivision (c) is downloaded, shared to an external internet website, or otherwise distributed in a manner that does not permit the social media platform to control how the content is displayed, the social media platform shall embed the system provenance data information contained in the label into the distributed content or add it to the contents metadata.(e) A social media platform shall abide by relevant industry standards to the greatest extent possible when redacting provenance data, labeling content, embedding system provenance data information into content, or adding system provenance data to content information to metadata pursuant to this section.21762.(a)A user of a social media platform may bring a civil action against a social media platform that fails to comply with this chapter with regard to content uploaded by that user for either of the following relief:21762. A social media platform that violates this chapter shall be liable in a civil action brought by a user of a social media platform for all of the following:(1)(a) Actual damages or statutory damages of not more than ten thousand dollars ($10,000) per violation, whichever is greater.(2)(b) Injunctive relief.(b)In an action pursuant to this section, the court shall award reasonable(c) Reasonable attorneys fees and costs to a prevailing plaintiff. costs.
SECTION 1. Chapter 11.1 (commencing with Section 21760) is added to Division 8 of the Business and Professions Code, to read:
### SECTION 1.
CHAPTER 11.1. Digital Content Provenance21760. As used in this chapter:(a) Personal provenance data means provenance data that contains personal information, as defined in Section 1798.140 of the Civil Code. any of the following:(1) Personal information, as defined by Section 1798.140 of the Civil Code.(2) Unique device, system, or service information that is reasonably capable of being associated with a particular user.(3) Time-of-day information.(b) Provenance data means data that is embedded into digital content, or that is included in the digital contents metadata, for the purpose of verifying the digital contents authenticity, origin, or history of modification, including, but not limited to, personal provenance data and system provenance data. modification.(c) Social media platform has the same meaning as defined in Section 22589.(d) System provenance data means provenance data that does is not reasonably capable of being associated with a particular user and that contains either of the following: (1) Identifies Information regarding the type of device, system, or service that was used to generate a piece of digital content.(2)Authenticates the digital content.(2) Information that provides proof of content authenticity.21761. (a) A social media platform shall redact personal provenance data from content uploaded to the social media platform by a user.(b) Except as provided in subdivision (c), a social media platform shall not redact system provenance data from content uploaded to the social media platform by a user.(c) (1)If a social media platform is unable to redact personal provenance data from content without also redacting system provenance data from the content, a social media platform shall redact the personal provenance data and the system provenance data from the content and shall append a label to the content that meets both all of the following criteria:(A)(1) The label prominently discloses any system provenance data that was redacted by the social media platform and does not contain personal provenance data. platform.(B)(2) The label remains appended to the content even if the content is shared, reposted, or otherwise replicated within the social media platform.(3) The label does not disclose any personal provenance data.(d) When content to which a social media platform has appended a label pursuant to subdivision (c) is downloaded, shared to an external internet website, or otherwise distributed in a manner that does not permit the social media platform to control how the content is displayed, the social media platform shall embed the system provenance data information contained in the label into the distributed content or add it to the contents metadata.(e) A social media platform shall abide by relevant industry standards to the greatest extent possible when redacting provenance data, labeling content, embedding system provenance data information into content, or adding system provenance data to content information to metadata pursuant to this section.21762.(a)A user of a social media platform may bring a civil action against a social media platform that fails to comply with this chapter with regard to content uploaded by that user for either of the following relief:21762. A social media platform that violates this chapter shall be liable in a civil action brought by a user of a social media platform for all of the following:(1)(a) Actual damages or statutory damages of not more than ten thousand dollars ($10,000) per violation, whichever is greater.(2)(b) Injunctive relief.(b)In an action pursuant to this section, the court shall award reasonable(c) Reasonable attorneys fees and costs to a prevailing plaintiff. costs.
CHAPTER 11.1. Digital Content Provenance21760. As used in this chapter:(a) Personal provenance data means provenance data that contains personal information, as defined in Section 1798.140 of the Civil Code. any of the following:(1) Personal information, as defined by Section 1798.140 of the Civil Code.(2) Unique device, system, or service information that is reasonably capable of being associated with a particular user.(3) Time-of-day information.(b) Provenance data means data that is embedded into digital content, or that is included in the digital contents metadata, for the purpose of verifying the digital contents authenticity, origin, or history of modification, including, but not limited to, personal provenance data and system provenance data. modification.(c) Social media platform has the same meaning as defined in Section 22589.(d) System provenance data means provenance data that does is not reasonably capable of being associated with a particular user and that contains either of the following: (1) Identifies Information regarding the type of device, system, or service that was used to generate a piece of digital content.(2)Authenticates the digital content.(2) Information that provides proof of content authenticity.21761. (a) A social media platform shall redact personal provenance data from content uploaded to the social media platform by a user.(b) Except as provided in subdivision (c), a social media platform shall not redact system provenance data from content uploaded to the social media platform by a user.(c) (1)If a social media platform is unable to redact personal provenance data from content without also redacting system provenance data from the content, a social media platform shall redact the personal provenance data and the system provenance data from the content and shall append a label to the content that meets both all of the following criteria:(A)(1) The label prominently discloses any system provenance data that was redacted by the social media platform and does not contain personal provenance data. platform.(B)(2) The label remains appended to the content even if the content is shared, reposted, or otherwise replicated within the social media platform.(3) The label does not disclose any personal provenance data.(d) When content to which a social media platform has appended a label pursuant to subdivision (c) is downloaded, shared to an external internet website, or otherwise distributed in a manner that does not permit the social media platform to control how the content is displayed, the social media platform shall embed the system provenance data information contained in the label into the distributed content or add it to the contents metadata.(e) A social media platform shall abide by relevant industry standards to the greatest extent possible when redacting provenance data, labeling content, embedding system provenance data information into content, or adding system provenance data to content information to metadata pursuant to this section.21762.(a)A user of a social media platform may bring a civil action against a social media platform that fails to comply with this chapter with regard to content uploaded by that user for either of the following relief:21762. A social media platform that violates this chapter shall be liable in a civil action brought by a user of a social media platform for all of the following:(1)(a) Actual damages or statutory damages of not more than ten thousand dollars ($10,000) per violation, whichever is greater.(2)(b) Injunctive relief.(b)In an action pursuant to this section, the court shall award reasonable(c) Reasonable attorneys fees and costs to a prevailing plaintiff. costs.
CHAPTER 11.1. Digital Content Provenance
CHAPTER 11.1. Digital Content Provenance
21760. As used in this chapter:(a) Personal provenance data means provenance data that contains personal information, as defined in Section 1798.140 of the Civil Code. any of the following:(1) Personal information, as defined by Section 1798.140 of the Civil Code.(2) Unique device, system, or service information that is reasonably capable of being associated with a particular user.(3) Time-of-day information.(b) Provenance data means data that is embedded into digital content, or that is included in the digital contents metadata, for the purpose of verifying the digital contents authenticity, origin, or history of modification, including, but not limited to, personal provenance data and system provenance data. modification.(c) Social media platform has the same meaning as defined in Section 22589.(d) System provenance data means provenance data that does is not reasonably capable of being associated with a particular user and that contains either of the following: (1) Identifies Information regarding the type of device, system, or service that was used to generate a piece of digital content.(2)Authenticates the digital content.(2) Information that provides proof of content authenticity.
21760. As used in this chapter:
(a) Personal provenance data means provenance data that contains personal information, as defined in Section 1798.140 of the Civil Code. any of the following:
(1) Personal information, as defined by Section 1798.140 of the Civil Code.
(2) Unique device, system, or service information that is reasonably capable of being associated with a particular user.
(3) Time-of-day information.
(b) Provenance data means data that is embedded into digital content, or that is included in the digital contents metadata, for the purpose of verifying the digital contents authenticity, origin, or history of modification, including, but not limited to, personal provenance data and system provenance data. modification.
(c) Social media platform has the same meaning as defined in Section 22589.
(d) System provenance data means provenance data that does is not reasonably capable of being associated with a particular user and that contains either of the following:
(1) Identifies Information regarding the type of device, system, or service that was used to generate a piece of digital content.
(2)Authenticates the digital content.
(2) Information that provides proof of content authenticity.
21761. (a) A social media platform shall redact personal provenance data from content uploaded to the social media platform by a user.(b) Except as provided in subdivision (c), a social media platform shall not redact system provenance data from content uploaded to the social media platform by a user.(c) (1)If a social media platform is unable to redact personal provenance data from content without also redacting system provenance data from the content, a social media platform shall redact the personal provenance data and the system provenance data from the content and shall append a label to the content that meets both all of the following criteria:(A)(1) The label prominently discloses any system provenance data that was redacted by the social media platform and does not contain personal provenance data. platform.(B)(2) The label remains appended to the content even if the content is shared, reposted, or otherwise replicated within the social media platform.(3) The label does not disclose any personal provenance data.(d) When content to which a social media platform has appended a label pursuant to subdivision (c) is downloaded, shared to an external internet website, or otherwise distributed in a manner that does not permit the social media platform to control how the content is displayed, the social media platform shall embed the system provenance data information contained in the label into the distributed content or add it to the contents metadata.(e) A social media platform shall abide by relevant industry standards to the greatest extent possible when redacting provenance data, labeling content, embedding system provenance data information into content, or adding system provenance data to content information to metadata pursuant to this section.
21761. (a) A social media platform shall redact personal provenance data from content uploaded to the social media platform by a user.
(b) Except as provided in subdivision (c), a social media platform shall not redact system provenance data from content uploaded to the social media platform by a user.
(c) (1)If a social media platform is unable to redact personal provenance data from content without also redacting system provenance data from the content, a social media platform shall redact the personal provenance data and the system provenance data from the content and shall append a label to the content that meets both all of the following criteria:
(A)
(1) The label prominently discloses any system provenance data that was redacted by the social media platform and does not contain personal provenance data. platform.
(B)
(2) The label remains appended to the content even if the content is shared, reposted, or otherwise replicated within the social media platform.
(3) The label does not disclose any personal provenance data.
(d) When content to which a social media platform has appended a label pursuant to subdivision (c) is downloaded, shared to an external internet website, or otherwise distributed in a manner that does not permit the social media platform to control how the content is displayed, the social media platform shall embed the system provenance data information contained in the label into the distributed content or add it to the contents metadata.
(e) A social media platform shall abide by relevant industry standards to the greatest extent possible when redacting provenance data, labeling content, embedding system provenance data information into content, or adding system provenance data to content information to metadata pursuant to this section.
(a)A user of a social media platform may bring a civil action against a social media platform that fails to comply with this chapter with regard to content uploaded by that user for either of the following relief:
21762. A social media platform that violates this chapter shall be liable in a civil action brought by a user of a social media platform for all of the following:(1)(a) Actual damages or statutory damages of not more than ten thousand dollars ($10,000) per violation, whichever is greater.(2)(b) Injunctive relief.(b)In an action pursuant to this section, the court shall award reasonable(c) Reasonable attorneys fees and costs to a prevailing plaintiff. costs.
21762. A social media platform that violates this chapter shall be liable in a civil action brought by a user of a social media platform for all of the following:(1)
21762. A social media platform that violates this chapter shall be liable in a civil action brought by a user of a social media platform for all of the following:
(1)
(a) Actual damages or statutory damages of not more than ten thousand dollars ($10,000) per violation, whichever is greater.
(2)
(b) Injunctive relief.
(b)In an action pursuant to this section, the court shall award reasonable
(c) Reasonable attorneys fees and costs to a prevailing plaintiff. costs.