| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | Amended IN Senate June 03, 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. 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 make a social media platform that 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: NOYES 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 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.(c) Social media platform has the same meaning as defined in Section 22589.(d) System provenance data means provenance data that is not reasonably capable of being associated with a particular user and that contains either of the following:(1) Information regarding the type of device, system, or service that was used to generate a piece of 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) 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 all of the following criteria:(1) The label prominently discloses any system provenance data that was redacted by the social media platform.(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 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 information into content, or adding information to metadata pursuant to this section.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:(a)Actual damages or statutory damages of not more than ten thousand dollars ($10,000) per violation, whichever is greater.(b)Injunctive relief.(c)Reasonable attorneys fees and costs.21762. A violation of this chapter shall constitute an unfair business practice punishable pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate June 03, 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. 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 make a social media platform that 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: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate June 03, 2024 Amended IN Assembly May 02, 2024 Amended IN Assembly April 25, 2024 Amended IN Assembly March 19, 2024 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate June 20, 2024 | |
| 8 | 7 | Amended IN Senate June 03, 2024 | |
| 9 | 8 | Amended IN Assembly May 02, 2024 | |
| 10 | 9 | Amended IN Assembly April 25, 2024 | |
| 11 | 10 | Amended IN Assembly March 19, 2024 | |
| 12 | 11 | ||
| 13 | 12 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 14 | 13 | ||
| 15 | 14 | Assembly Bill | |
| 16 | 15 | ||
| 17 | 16 | No. 1791 | |
| 18 | 17 | ||
| 19 | 18 | Introduced by Assembly Member WeberJanuary 04, 2024 | |
| 20 | 19 | ||
| 21 | 20 | Introduced by Assembly Member Weber | |
| 22 | 21 | January 04, 2024 | |
| 23 | 22 | ||
| 24 | 23 | 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. | |
| 25 | 24 | ||
| 26 | 25 | LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 26 | ||
| 28 | 27 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 29 | 28 | ||
| 30 | 29 | AB 1791, as amended, Weber. Digital content provenance. | |
| 31 | 30 | ||
| 32 | - | 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 | |
| 31 | + | 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 make a social media platform that 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. | |
| 33 | 32 | ||
| 34 | 33 | 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. | |
| 35 | 34 | ||
| 36 | - | This bill would | |
| 35 | + | 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 make a social media platform that 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. | |
| 37 | 36 | ||
| 38 | 37 | ## Digest Key | |
| 39 | 38 | ||
| 40 | 39 | ## Bill Text | |
| 41 | 40 | ||
| 42 | - | 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) | |
| 41 | + | 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 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.(c) Social media platform has the same meaning as defined in Section 22589.(d) System provenance data means provenance data that is not reasonably capable of being associated with a particular user and that contains either of the following:(1) Information regarding the type of device, system, or service that was used to generate a piece of 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) 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 all of the following criteria:(1) The label prominently discloses any system provenance data that was redacted by the social media platform.(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 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 information into content, or adding information to metadata pursuant to this section.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:(a)Actual damages or statutory damages of not more than ten thousand dollars ($10,000) per violation, whichever is greater.(b)Injunctive relief.(c)Reasonable attorneys fees and costs.21762. A violation of this chapter shall constitute an unfair business practice punishable pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code. | |
| 43 | 42 | ||
| 44 | 43 | The people of the State of California do enact as follows: | |
| 45 | 44 | ||
| 46 | 45 | ## The people of the State of California do enact as follows: | |
| 47 | 46 | ||
| 48 | - | 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) | |
| 47 | + | 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 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.(c) Social media platform has the same meaning as defined in Section 22589.(d) System provenance data means provenance data that is not reasonably capable of being associated with a particular user and that contains either of the following:(1) Information regarding the type of device, system, or service that was used to generate a piece of 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) 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 all of the following criteria:(1) The label prominently discloses any system provenance data that was redacted by the social media platform.(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 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 information into content, or adding information to metadata pursuant to this section.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:(a)Actual damages or statutory damages of not more than ten thousand dollars ($10,000) per violation, whichever is greater.(b)Injunctive relief.(c)Reasonable attorneys fees and costs.21762. A violation of this chapter shall constitute an unfair business practice punishable pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code. | |
| 49 | 48 | ||
| 50 | 49 | SECTION 1. Chapter 11.1 (commencing with Section 21760) is added to Division 8 of the Business and Professions Code, to read: | |
| 51 | 50 | ||
| 52 | 51 | ### SECTION 1. | |
| 53 | 52 | ||
| 54 | - | CHAPTER 11.1. Digital Content Provenance21760. As used in this chapter:(a) | |
| 53 | + | CHAPTER 11.1. Digital Content Provenance21760. As used in this chapter:(a) Personal provenance data means provenance data that contains 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.(c) Social media platform has the same meaning as defined in Section 22589.(d) System provenance data means provenance data that is not reasonably capable of being associated with a particular user and that contains either of the following:(1) Information regarding the type of device, system, or service that was used to generate a piece of 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) 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 all of the following criteria:(1) The label prominently discloses any system provenance data that was redacted by the social media platform.(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 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 information into content, or adding information to metadata pursuant to this section.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:(a)Actual damages or statutory damages of not more than ten thousand dollars ($10,000) per violation, whichever is greater.(b)Injunctive relief.(c)Reasonable attorneys fees and costs.21762. A violation of this chapter shall constitute an unfair business practice punishable pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code. | |
| 55 | 54 | ||
| 56 | - | CHAPTER 11.1. Digital Content Provenance21760. As used in this chapter:(a) | |
| 55 | + | CHAPTER 11.1. Digital Content Provenance21760. As used in this chapter:(a) Personal provenance data means provenance data that contains 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.(c) Social media platform has the same meaning as defined in Section 22589.(d) System provenance data means provenance data that is not reasonably capable of being associated with a particular user and that contains either of the following:(1) Information regarding the type of device, system, or service that was used to generate a piece of 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) 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 all of the following criteria:(1) The label prominently discloses any system provenance data that was redacted by the social media platform.(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 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 information into content, or adding information to metadata pursuant to this section.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:(a)Actual damages or statutory damages of not more than ten thousand dollars ($10,000) per violation, whichever is greater.(b)Injunctive relief.(c)Reasonable attorneys fees and costs.21762. A violation of this chapter shall constitute an unfair business practice punishable pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code. | |
| 57 | 56 | ||
| 58 | 57 | CHAPTER 11.1. Digital Content Provenance | |
| 59 | 58 | ||
| 60 | 59 | CHAPTER 11.1. Digital Content Provenance | |
| 61 | 60 | ||
| 62 | - | 21760. As used in this chapter:(a | |
| 61 | + | 21760. As used in this chapter:(a) Personal provenance data means provenance data that contains 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.(c) Social media platform has the same meaning as defined in Section 22589.(d) System provenance data means provenance data that is not reasonably capable of being associated with a particular user and that contains either of the following:(1) Information regarding the type of device, system, or service that was used to generate a piece of digital content.(2) Information that provides proof of content authenticity. | |
| 63 | 62 | ||
| 64 | 63 | ||
| 65 | 64 | ||
| 66 | 65 | 21760. As used in this chapter: | |
| 67 | 66 | ||
| 68 | - | (a) Copyright management information has the same meaning as defined in Section 1202 of Title 17 of the United States Code. | |
| 69 | - | ||
| 70 | - | (b) Dark pattern means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decisionmaking, or choice. | |
| 71 | - | ||
| 72 | - | (c) Express consent means a users affirmative authorization, that is not inferred from inaction, to grant permission in response to a clear, meaningful, and prominent notice that meets all of the following criteria: | |
| 73 | - | ||
| 74 | - | (1) The affirmative authorization is in response to a notice that is not contained within a more general notice, agreement, or set of terms and conditions. | |
| 75 | - | ||
| 76 | - | (2) The affirmative authorization is in response to a notice conveyed in such a manner that an ordinary consumer would notice and understand it. | |
| 77 | - | ||
| 78 | - | (3) The affirmative authorization is not obtained through the use of dark patterns. | |
| 79 | - | ||
| 80 | - | (a) | |
| 81 | - | ||
| 82 | - | ||
| 83 | - | ||
| 84 | - | (d) Personal provenance data means provenance data that contains any either of the following: | |
| 67 | + | (a) Personal provenance data means provenance data that contains any of the following: | |
| 85 | 68 | ||
| 86 | 69 | (1) Personal information, as defined by Section 1798.140 of the Civil Code. | |
| 87 | 70 | ||
| 88 | 71 | (2) Unique device, system, or service information that is reasonably capable of being associated with a particular user. | |
| 89 | 72 | ||
| 90 | 73 | (3) Time-of-day information. | |
| 91 | 74 | ||
| 75 | + | (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. | |
| 92 | 76 | ||
| 77 | + | (c) Social media platform has the same meaning as defined in Section 22589. | |
| 93 | 78 | ||
| 94 | - | (b) | |
| 95 | - | ||
| 96 | - | ||
| 97 | - | ||
| 98 | - | (e) 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. | |
| 99 | - | ||
| 100 | - | (c) | |
| 101 | - | ||
| 102 | - | ||
| 103 | - | ||
| 104 | - | (f) Social media platform has the same meaning as defined in Section 22589. | |
| 105 | - | ||
| 106 | - | (d) | |
| 107 | - | ||
| 108 | - | ||
| 109 | - | ||
| 110 | - | (g) System provenance data means provenance data that is not reasonably capable of being associated with a particular user and that contains either of the following: | |
| 79 | + | (d) System provenance data means provenance data that is not reasonably capable of being associated with a particular user and that contains either of the following: | |
| 111 | 80 | ||
| 112 | 81 | (1) Information regarding the type of device, system, or service that was used to generate a piece of digital content. | |
| 113 | 82 | ||
| 114 | 83 | (2) Information that provides proof of content authenticity. | |
| 115 | 84 | ||
| 116 | - | 21761. (a) | |
| 85 | + | 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) 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 all of the following criteria:(1) The label prominently discloses any system provenance data that was redacted by the social media platform.(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 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 information into content, or adding information to metadata pursuant to this section. | |
| 117 | 86 | ||
| 118 | 87 | ||
| 119 | 88 | ||
| 120 | - | 21761. (a) | |
| 89 | + | 21761. (a) A social media platform shall redact personal provenance data from content uploaded to the social media platform by a user. | |
| 121 | 90 | ||
| 122 | - | ( | |
| 91 | + | (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. | |
| 123 | 92 | ||
| 124 | - | ( | |
| 93 | + | (c) 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 all of the following criteria: | |
| 125 | 94 | ||
| 126 | - | ( | |
| 95 | + | (1) The label prominently discloses any system provenance data that was redacted by the social media platform. | |
| 127 | 96 | ||
| 128 | - | ( | |
| 97 | + | (2) The label remains appended to the content even if the content is shared, reposted, or otherwise replicated within the social media platform. | |
| 129 | 98 | ||
| 130 | - | (3) | |
| 99 | + | (3) The label does not disclose any personal provenance data. | |
| 131 | 100 | ||
| 132 | - | ( | |
| 101 | + | (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 information contained in the label into the distributed content or add it to the contents metadata. | |
| 133 | 102 | ||
| 134 | - | (b) (1) Except as provided in subdivision (c), paragraph (2), a social media platform shall not redact system provenance data from content uploaded to the social media platform by a user. | |
| 135 | - | ||
| 136 | - | (c)If a | |
| 103 | + | (e) A social media platform shall abide by relevant industry standards to the greatest extent possible when redacting provenance data, labeling content, embedding information into content, or adding information to metadata pursuant to this section. | |
| 137 | 104 | ||
| 138 | 105 | ||
| 139 | 106 | ||
| 140 | - | (2) A social media platform that is unable to redact personal provenance data required to be redacted by subdivision (a) from content without also redacting system provenance data from the content, a social media platform content shall redact the personal provenance data that is not copyright management information and the system provenance data from the content and shall append a label to the content that meets all of the following criteria: | |
| 141 | - | ||
| 142 | - | (1) | |
| 107 | + | 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: | |
| 143 | 108 | ||
| 144 | 109 | ||
| 145 | 110 | ||
| 146 | - | (A) The label prominently discloses any system provenance data that was redacted by the social media platform. | |
| 147 | - | ||
| 148 | - | (2) | |
| 111 | + | (a)Actual damages or statutory damages of not more than ten thousand dollars ($10,000) per violation, whichever is greater. | |
| 149 | 112 | ||
| 150 | 113 | ||
| 151 | 114 | ||
| 152 | - | (B) The label remains appended to the content even if the content is shared, reposted, or otherwise replicated within the social media platform. | |
| 153 | - | ||
| 154 | - | (3) | |
| 115 | + | (b)Injunctive relief. | |
| 155 | 116 | ||
| 156 | 117 | ||
| 157 | 118 | ||
| 158 | - | (C) The label does not disclose any personal provenance data. data that was redacted pursuant to subdivision (a). | |
| 159 | - | ||
| 160 | - | (d) | |
| 119 | + | (c)Reasonable attorneys fees and costs. | |
| 161 | 120 | ||
| 162 | 121 | ||
| 163 | - | ||
| 164 | - | (c) When content to which a social media platform has appended a label pursuant to paragraph (2) of subdivision (c) (b) 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 information contained in the label into the distributed content or add it to the contents metadata. | |
| 165 | - | ||
| 166 | - | (e) | |
| 167 | - | ||
| 168 | - | ||
| 169 | - | ||
| 170 | - | (d) A social media platform shall abide by relevant industry standards to the greatest extent possible when redacting provenance data, labeling content, embedding information into content, or adding information to metadata pursuant to this section. | |
| 171 | 122 | ||
| 172 | 123 | 21762. A violation of this chapter shall constitute an unfair business practice punishable pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code. | |
| 173 | 124 | ||
| 174 | 125 | ||
| 175 | 126 | ||
| 176 | 127 | 21762. A violation of this chapter shall constitute an unfair business practice punishable pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code. | |
| 177 | - | ||
| 178 | - | 21763. This chapter shall become operative on January 1, 2028. | |
| 179 | - | ||
| 180 | - | ||
| 181 | - | ||
| 182 | - | 21763. This chapter shall become operative on January 1, 2028. |