Amended IN Assembly June 20, 2024 Amended IN Senate May 16, 2024 Amended IN Senate March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 942Introduced by Senator BeckerJanuary 17, 2024An act to add Chapter 25 (commencing with Section 22757) to Division 8 of the Business and Professions Code, relating to consumer protection.LEGISLATIVE COUNSEL'S DIGESTSB 942, as amended, Becker. California AI Transparency Act.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 impact of the proliferation of deepfakes, defined to mean audio or visual content that has been generated or manipulated by artificial intelligence that would falsely appear to be authentic or truthful and that features depictions of people appearing to say or do things they did not say or do without their consent, on state government, California-based businesses, and residents of the state.This bill, the California AI Transparency Act, would, among other things, require a covered provider, as defined, to create and make freely available an AI artificial intelligence (AI) detection tool by which a person can query the covered provider as to the extent to which text, image, video, audio, or multimedia content was created, in whole or in part, by a generative AI system, as defined, provided by the covered provider that meets certain criteria, including that the AI detection tool is publicly accessible and available via a uniform resource locator (URL) on through the covered providers internet website and through its mobile application, as applicable. The bill would also require a covered provider to offer the user an option to include a manifest disclosure in AI-generated image, text, video, audio, or multimedia other digital content created or altered by a generative AI system it provides a visible disclosure the covered providers generative artificial intelligence (GenAI) system that, among other things, includes a clear and conspicuous notice, as appropriate for the medium of the content, that identifies the content as generated by AI, such that the disclosure is not avoidable, is understandable to a reasonable person, and is not contradicted, mitigated by, or inconsistent with anything else in the communication. identifies content as AI-generated content and is clear, conspicuous, appropriate for the medium of the content, and understandable to a reasonable person. The bill would require a covered provider to include a latent disclosure in AI-generated image, video, audio, or other digital content created by the covered providers GenAI system that, among other things, conveys certain information, either directly or through a link to a permanent internet website, regarding the provenance of the content. The bill would require a covered provider that knows a third-party licensee modified a licensed GenAI system such that it is no longer capable of including the disclosures described above in content the system creates or alters to revoke the license within 72 hours of discovering the licensees action and would require a third-party licensee to cease using a licensed GenAI system after the license for the system has been revoked by the covered provider.This bill would make a covered provider that violates these provisions liable for a civil penalty in the amount of $5,000 per violation to be collected in a civil action filed only by the Attorney General, as prescribed. The bill would, for a violation by a third-party licensee of the requirement to cease using a licensed GenAI system after the license of the system has been revoked, authorize the Attorney General, a district attorney, a county counsel, or a city attorney to bring a civil action for injunctive relief and reasonable attorneys fees and costs.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 25 (commencing with Section 22757) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 25. AI Transparency Act22757. This chapter shall be known as the California AI Transparency Act.22757.1. As used in this chapter:(a)AI detection tool means the tool required by Section 22757.2.(b)Artificial intelligence or AI means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments by using machine-based inputs and human-based inputs to perceive real and virtual environments, abstract its perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.(c)AI-generated content means any form of digital content that is created with deep learning or machine learning processes.(d)Business has the same meaning as defined in Section 1798.140 of the Civil Code.(a) Artificial intelligence or AI means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.(e)(b) Covered provider is a business means a person that provides creates, codes, or otherwise produces a generative AI artificial intelligence system that has, on average over the preceding 12 months, has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state.(f)Department means the Department of Technology.(g)(c) Generative AI system refers to deep learning models that can generate text, images, and other content based on the data they were trained on. artificial intelligence or GenAI means an artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the systems training data.(h)(d) Metadata means structural or descriptive information about data, including content, format, source, rights, accuracy, provenance, frequency, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions. data.(i)Model means a component of an information system that implements artificial intelligence technology and uses computational, statistical, or machine learning techniques to produce outputs from a given set of inputs.(j)Person means a natural person located within the geographic boundaries of the state.(k)(e) Personal information has the same meaning as defined in Section 1798.140 of the Civil Code.(f) Personal provenance data means provenance data that contains either of the following:(1) Personal information.(2) Unique device, system, or service information that is reasonably capable of being associated with a particular user.(g) 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.(h) 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.22757.2. (a) A covered provider shall create and make freely available an AI detection tool by which a person can query the covered provider as to the extent to which text, image, video, audio, or multimedia content was created, in whole or in part, by a generative AI system provided by the covered provider that meets all of the following criteria:(1) The tool allows a user to assess whether image, video, audio, or other digital content was created or altered by the covered providers GenAI system.(2) The tool allows a user to determine which parts of the content were created or altered by the covered providers GenAI system.(3) The tool outputs any system provenance data that is detected in the content.(4) The tool does not output any personal provenance data that is detected in the content.(1)(5) The AI detection tool shall be is publicly accessible and available via a uniform resource locator (URL) on through the covered providers internet website and through its mobile application, as applicable.(2)(6) The AI detection tool shall allow allows a person user to upload content or a URL. provide a uniform resource locator (URL) linking to online content.(3)(7) The AI detection tool shall support supports an application programming interface that allows a person user to invoke the AI detection tool without visiting the covered providers internet website.(4)The AI detection tool(b) A covered provider shall allow a person to provide collect user feedback if the person believes the AI detection tool is not properly identifying content that was created by the covered provider. related to the efficacy of the covered providers AI detection tool and incorporate that feedback into any attempt to improve the efficacy of the tool.(b)In complying with this section, a(c) A covered provider shall not do any of the following:(1)Reveal personal information that identifies who utilized the covered providers generative AI system to create AI-generated content that was submitted to the covered providers AI detection tool.(2)(1) (A) Subject to Except as provided in subparagraph (B), collect and or retain personal information when a person utilizes from users of the covered providers AI detection tool.(B) (i) A covered provider may collect and retain the contact information of a person user who submitted submits feedback pursuant to paragraph (4) of subdivision (a). subdivision (b) if the user opts in to being contacted by the covered provider.(ii) User information collected pursuant to clause (i) shall be used only to evaluate and improve the efficacy of the covered providers AI detection tool.(3)(2) Retain any content submitted to the AI detection tool for longer than is necessary to comply with this section.(3) Retain any personal provenance data from content submitted to the AI detection tool by a user.22757.3. (a) A covered provider shall offer the user the option to include in AI-generated a manifest disclosure in image, text, video, audio, or multimedia other digital content created or altered by a generative AI the covered providers GenAI system it provides a visible disclosure that meets all of the following criteria:(1)The disclosure shall include a clear and conspicuous notice, as appropriate for the medium of the content, that identifies the content as generated by AI, such that the disclosure is not avoidable, is understandable to a reasonable person, and is not contradicted, mitigated by, or inconsistent with anything else in the communication.(1) The disclosure identifies content as AI-generated content.(2) The disclosure is clear, conspicuous, appropriate for the medium of the content, and understandable to a reasonable person.(2)(3) The disclosure shall, to the extent technically feasible, be is permanent or extraordinarily difficult to remove. remove, to the extent it is technically feasible.(3)The outputs metadata information shall include an identification of the content as being generated by AI, the identity of the tool used to create the content, and the date and time the content was created.(b)A covered provider shall include in AI-generated image, audio, video, or multimedia content created by a generative AI system an imperceptible disclosure that is machine detectable and is, to the extent technically feasible, permanent or difficult to remove.(c)A covered provider shall implement reasonable procedures to prevent downstream use of a generative AI system it provides without the disclosure required by this section, including by doing both of the following:(1)Requiring by contract that third-party licensees of the generative AI system refrain from removing a required disclosure.(2)Terminating access to the generative AI system when the covered provider has reason to believe that a third-party licensee has removed a required disclosure.(d)At least once every two years, the department shall review this section and make recommendations to the Legislature regarding any amendments needed to account for changing technology and standards.(b) A covered provider shall include a latent disclosure in AI-generated image, video, audio, or other digital content created by the covered providers GenAI system that meets all of the following criteria:(1) The disclosure conveys all of the following information, either directly or through a link to a permanent internet website:(A) The name of the covered provider.(B) The name and version number of the GenAI system that created or altered the content.(C) The time and date of the contents creation or alteration.(D) Which parts of the content were created or altered by the GenAI system.(E) A unique identifier.(2) The disclosure is detectable by the covered providers AI detection tool.(3) The disclosure is consistent with widely accepted industry standards.(4) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.(c) (1) If a covered provider licenses its GenAI system to a third party, the covered provider shall require by contract that the licensee maintain the systems capability to include a disclosure required by subdivision (b) in content the system creates or alters.(2) If a covered provider knows that a third-party licensee modified a licensed GenAI system such that it is no longer capable of including a disclosure required by subdivision (b) in content the system creates or alters, the covered provider shall revoke the license within 72 hours of discovering the licensees action.(3) A third-party licensee shall cease using a licensed GenAI system after the license for the system has been revoked by the covered provider pursuant to paragraph (2).22757.4. (a) A covered provider that violates this chapter shall be liable for a civil penalty in the amount of five thousand dollars ($5,000) per violation to be collected in a civil action filed only by the Attorney General.(b) Each day that a covered provider is in violation of this chapter shall be deemed a discrete violation.(c) For a violation by a third-party licensee of paragraph (3) of subdivision (c) of Section 22757.3, the Attorney General, a district attorney, a county counsel, or a city attorney may bring a civil action for both of the following:(1) Injunctive relief.(2) Reasonable attorneys fees and costs.
Amended IN Assembly June 20, 2024 Amended IN Senate May 16, 2024 Amended IN Senate March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 942Introduced by Senator BeckerJanuary 17, 2024An act to add Chapter 25 (commencing with Section 22757) to Division 8 of the Business and Professions Code, relating to consumer protection.LEGISLATIVE COUNSEL'S DIGESTSB 942, as amended, Becker. California AI Transparency Act.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 impact of the proliferation of deepfakes, defined to mean audio or visual content that has been generated or manipulated by artificial intelligence that would falsely appear to be authentic or truthful and that features depictions of people appearing to say or do things they did not say or do without their consent, on state government, California-based businesses, and residents of the state.This bill, the California AI Transparency Act, would, among other things, require a covered provider, as defined, to create and make freely available an AI artificial intelligence (AI) detection tool by which a person can query the covered provider as to the extent to which text, image, video, audio, or multimedia content was created, in whole or in part, by a generative AI system, as defined, provided by the covered provider that meets certain criteria, including that the AI detection tool is publicly accessible and available via a uniform resource locator (URL) on through the covered providers internet website and through its mobile application, as applicable. The bill would also require a covered provider to offer the user an option to include a manifest disclosure in AI-generated image, text, video, audio, or multimedia other digital content created or altered by a generative AI system it provides a visible disclosure the covered providers generative artificial intelligence (GenAI) system that, among other things, includes a clear and conspicuous notice, as appropriate for the medium of the content, that identifies the content as generated by AI, such that the disclosure is not avoidable, is understandable to a reasonable person, and is not contradicted, mitigated by, or inconsistent with anything else in the communication. identifies content as AI-generated content and is clear, conspicuous, appropriate for the medium of the content, and understandable to a reasonable person. The bill would require a covered provider to include a latent disclosure in AI-generated image, video, audio, or other digital content created by the covered providers GenAI system that, among other things, conveys certain information, either directly or through a link to a permanent internet website, regarding the provenance of the content. The bill would require a covered provider that knows a third-party licensee modified a licensed GenAI system such that it is no longer capable of including the disclosures described above in content the system creates or alters to revoke the license within 72 hours of discovering the licensees action and would require a third-party licensee to cease using a licensed GenAI system after the license for the system has been revoked by the covered provider.This bill would make a covered provider that violates these provisions liable for a civil penalty in the amount of $5,000 per violation to be collected in a civil action filed only by the Attorney General, as prescribed. The bill would, for a violation by a third-party licensee of the requirement to cease using a licensed GenAI system after the license of the system has been revoked, authorize the Attorney General, a district attorney, a county counsel, or a city attorney to bring a civil action for injunctive relief and reasonable attorneys fees and costs.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly June 20, 2024 Amended IN Senate May 16, 2024 Amended IN Senate March 20, 2024
Amended IN Assembly June 20, 2024
Amended IN Senate May 16, 2024
Amended IN Senate March 20, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 942
Introduced by Senator BeckerJanuary 17, 2024
Introduced by Senator Becker
January 17, 2024
An act to add Chapter 25 (commencing with Section 22757) to Division 8 of the Business and Professions Code, relating to consumer protection.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 942, as amended, Becker. California AI Transparency Act.
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 impact of the proliferation of deepfakes, defined to mean audio or visual content that has been generated or manipulated by artificial intelligence that would falsely appear to be authentic or truthful and that features depictions of people appearing to say or do things they did not say or do without their consent, on state government, California-based businesses, and residents of the state.This bill, the California AI Transparency Act, would, among other things, require a covered provider, as defined, to create and make freely available an AI artificial intelligence (AI) detection tool by which a person can query the covered provider as to the extent to which text, image, video, audio, or multimedia content was created, in whole or in part, by a generative AI system, as defined, provided by the covered provider that meets certain criteria, including that the AI detection tool is publicly accessible and available via a uniform resource locator (URL) on through the covered providers internet website and through its mobile application, as applicable. The bill would also require a covered provider to offer the user an option to include a manifest disclosure in AI-generated image, text, video, audio, or multimedia other digital content created or altered by a generative AI system it provides a visible disclosure the covered providers generative artificial intelligence (GenAI) system that, among other things, includes a clear and conspicuous notice, as appropriate for the medium of the content, that identifies the content as generated by AI, such that the disclosure is not avoidable, is understandable to a reasonable person, and is not contradicted, mitigated by, or inconsistent with anything else in the communication. identifies content as AI-generated content and is clear, conspicuous, appropriate for the medium of the content, and understandable to a reasonable person. The bill would require a covered provider to include a latent disclosure in AI-generated image, video, audio, or other digital content created by the covered providers GenAI system that, among other things, conveys certain information, either directly or through a link to a permanent internet website, regarding the provenance of the content. The bill would require a covered provider that knows a third-party licensee modified a licensed GenAI system such that it is no longer capable of including the disclosures described above in content the system creates or alters to revoke the license within 72 hours of discovering the licensees action and would require a third-party licensee to cease using a licensed GenAI system after the license for the system has been revoked by the covered provider.This bill would make a covered provider that violates these provisions liable for a civil penalty in the amount of $5,000 per violation to be collected in a civil action filed only by the Attorney General, as prescribed. The bill would, for a violation by a third-party licensee of the requirement to cease using a licensed GenAI system after the license of the system has been revoked, authorize the Attorney General, a district attorney, a county counsel, or a city attorney to bring a civil action for injunctive relief and reasonable attorneys fees and costs.
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 impact of the proliferation of deepfakes, defined to mean audio or visual content that has been generated or manipulated by artificial intelligence that would falsely appear to be authentic or truthful and that features depictions of people appearing to say or do things they did not say or do without their consent, on state government, California-based businesses, and residents of the state.
This bill, the California AI Transparency Act, would, among other things, require a covered provider, as defined, to create and make freely available an AI artificial intelligence (AI) detection tool by which a person can query the covered provider as to the extent to which text, image, video, audio, or multimedia content was created, in whole or in part, by a generative AI system, as defined, provided by the covered provider that meets certain criteria, including that the AI detection tool is publicly accessible and available via a uniform resource locator (URL) on through the covered providers internet website and through its mobile application, as applicable. The bill would also require a covered provider to offer the user an option to include a manifest disclosure in AI-generated image, text, video, audio, or multimedia other digital content created or altered by a generative AI system it provides a visible disclosure the covered providers generative artificial intelligence (GenAI) system that, among other things, includes a clear and conspicuous notice, as appropriate for the medium of the content, that identifies the content as generated by AI, such that the disclosure is not avoidable, is understandable to a reasonable person, and is not contradicted, mitigated by, or inconsistent with anything else in the communication. identifies content as AI-generated content and is clear, conspicuous, appropriate for the medium of the content, and understandable to a reasonable person. The bill would require a covered provider to include a latent disclosure in AI-generated image, video, audio, or other digital content created by the covered providers GenAI system that, among other things, conveys certain information, either directly or through a link to a permanent internet website, regarding the provenance of the content. The bill would require a covered provider that knows a third-party licensee modified a licensed GenAI system such that it is no longer capable of including the disclosures described above in content the system creates or alters to revoke the license within 72 hours of discovering the licensees action and would require a third-party licensee to cease using a licensed GenAI system after the license for the system has been revoked by the covered provider.
This bill would make a covered provider that violates these provisions liable for a civil penalty in the amount of $5,000 per violation to be collected in a civil action filed only by the Attorney General, as prescribed. The bill would, for a violation by a third-party licensee of the requirement to cease using a licensed GenAI system after the license of the system has been revoked, authorize the Attorney General, a district attorney, a county counsel, or a city attorney to bring a civil action for injunctive relief and reasonable attorneys fees and costs.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 25 (commencing with Section 22757) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 25. AI Transparency Act22757. This chapter shall be known as the California AI Transparency Act.22757.1. As used in this chapter:(a)AI detection tool means the tool required by Section 22757.2.(b)Artificial intelligence or AI means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments by using machine-based inputs and human-based inputs to perceive real and virtual environments, abstract its perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.(c)AI-generated content means any form of digital content that is created with deep learning or machine learning processes.(d)Business has the same meaning as defined in Section 1798.140 of the Civil Code.(a) Artificial intelligence or AI means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.(e)(b) Covered provider is a business means a person that provides creates, codes, or otherwise produces a generative AI artificial intelligence system that has, on average over the preceding 12 months, has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state.(f)Department means the Department of Technology.(g)(c) Generative AI system refers to deep learning models that can generate text, images, and other content based on the data they were trained on. artificial intelligence or GenAI means an artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the systems training data.(h)(d) Metadata means structural or descriptive information about data, including content, format, source, rights, accuracy, provenance, frequency, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions. data.(i)Model means a component of an information system that implements artificial intelligence technology and uses computational, statistical, or machine learning techniques to produce outputs from a given set of inputs.(j)Person means a natural person located within the geographic boundaries of the state.(k)(e) Personal information has the same meaning as defined in Section 1798.140 of the Civil Code.(f) Personal provenance data means provenance data that contains either of the following:(1) Personal information.(2) Unique device, system, or service information that is reasonably capable of being associated with a particular user.(g) 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.(h) 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.22757.2. (a) A covered provider shall create and make freely available an AI detection tool by which a person can query the covered provider as to the extent to which text, image, video, audio, or multimedia content was created, in whole or in part, by a generative AI system provided by the covered provider that meets all of the following criteria:(1) The tool allows a user to assess whether image, video, audio, or other digital content was created or altered by the covered providers GenAI system.(2) The tool allows a user to determine which parts of the content were created or altered by the covered providers GenAI system.(3) The tool outputs any system provenance data that is detected in the content.(4) The tool does not output any personal provenance data that is detected in the content.(1)(5) The AI detection tool shall be is publicly accessible and available via a uniform resource locator (URL) on through the covered providers internet website and through its mobile application, as applicable.(2)(6) The AI detection tool shall allow allows a person user to upload content or a URL. provide a uniform resource locator (URL) linking to online content.(3)(7) The AI detection tool shall support supports an application programming interface that allows a person user to invoke the AI detection tool without visiting the covered providers internet website.(4)The AI detection tool(b) A covered provider shall allow a person to provide collect user feedback if the person believes the AI detection tool is not properly identifying content that was created by the covered provider. related to the efficacy of the covered providers AI detection tool and incorporate that feedback into any attempt to improve the efficacy of the tool.(b)In complying with this section, a(c) A covered provider shall not do any of the following:(1)Reveal personal information that identifies who utilized the covered providers generative AI system to create AI-generated content that was submitted to the covered providers AI detection tool.(2)(1) (A) Subject to Except as provided in subparagraph (B), collect and or retain personal information when a person utilizes from users of the covered providers AI detection tool.(B) (i) A covered provider may collect and retain the contact information of a person user who submitted submits feedback pursuant to paragraph (4) of subdivision (a). subdivision (b) if the user opts in to being contacted by the covered provider.(ii) User information collected pursuant to clause (i) shall be used only to evaluate and improve the efficacy of the covered providers AI detection tool.(3)(2) Retain any content submitted to the AI detection tool for longer than is necessary to comply with this section.(3) Retain any personal provenance data from content submitted to the AI detection tool by a user.22757.3. (a) A covered provider shall offer the user the option to include in AI-generated a manifest disclosure in image, text, video, audio, or multimedia other digital content created or altered by a generative AI the covered providers GenAI system it provides a visible disclosure that meets all of the following criteria:(1)The disclosure shall include a clear and conspicuous notice, as appropriate for the medium of the content, that identifies the content as generated by AI, such that the disclosure is not avoidable, is understandable to a reasonable person, and is not contradicted, mitigated by, or inconsistent with anything else in the communication.(1) The disclosure identifies content as AI-generated content.(2) The disclosure is clear, conspicuous, appropriate for the medium of the content, and understandable to a reasonable person.(2)(3) The disclosure shall, to the extent technically feasible, be is permanent or extraordinarily difficult to remove. remove, to the extent it is technically feasible.(3)The outputs metadata information shall include an identification of the content as being generated by AI, the identity of the tool used to create the content, and the date and time the content was created.(b)A covered provider shall include in AI-generated image, audio, video, or multimedia content created by a generative AI system an imperceptible disclosure that is machine detectable and is, to the extent technically feasible, permanent or difficult to remove.(c)A covered provider shall implement reasonable procedures to prevent downstream use of a generative AI system it provides without the disclosure required by this section, including by doing both of the following:(1)Requiring by contract that third-party licensees of the generative AI system refrain from removing a required disclosure.(2)Terminating access to the generative AI system when the covered provider has reason to believe that a third-party licensee has removed a required disclosure.(d)At least once every two years, the department shall review this section and make recommendations to the Legislature regarding any amendments needed to account for changing technology and standards.(b) A covered provider shall include a latent disclosure in AI-generated image, video, audio, or other digital content created by the covered providers GenAI system that meets all of the following criteria:(1) The disclosure conveys all of the following information, either directly or through a link to a permanent internet website:(A) The name of the covered provider.(B) The name and version number of the GenAI system that created or altered the content.(C) The time and date of the contents creation or alteration.(D) Which parts of the content were created or altered by the GenAI system.(E) A unique identifier.(2) The disclosure is detectable by the covered providers AI detection tool.(3) The disclosure is consistent with widely accepted industry standards.(4) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.(c) (1) If a covered provider licenses its GenAI system to a third party, the covered provider shall require by contract that the licensee maintain the systems capability to include a disclosure required by subdivision (b) in content the system creates or alters.(2) If a covered provider knows that a third-party licensee modified a licensed GenAI system such that it is no longer capable of including a disclosure required by subdivision (b) in content the system creates or alters, the covered provider shall revoke the license within 72 hours of discovering the licensees action.(3) A third-party licensee shall cease using a licensed GenAI system after the license for the system has been revoked by the covered provider pursuant to paragraph (2).22757.4. (a) A covered provider that violates this chapter shall be liable for a civil penalty in the amount of five thousand dollars ($5,000) per violation to be collected in a civil action filed only by the Attorney General.(b) Each day that a covered provider is in violation of this chapter shall be deemed a discrete violation.(c) For a violation by a third-party licensee of paragraph (3) of subdivision (c) of Section 22757.3, the Attorney General, a district attorney, a county counsel, or a city attorney may bring a civil action for both of the following:(1) Injunctive relief.(2) Reasonable attorneys fees and 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 25 (commencing with Section 22757) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 25. AI Transparency Act22757. This chapter shall be known as the California AI Transparency Act.22757.1. As used in this chapter:(a)AI detection tool means the tool required by Section 22757.2.(b)Artificial intelligence or AI means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments by using machine-based inputs and human-based inputs to perceive real and virtual environments, abstract its perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.(c)AI-generated content means any form of digital content that is created with deep learning or machine learning processes.(d)Business has the same meaning as defined in Section 1798.140 of the Civil Code.(a) Artificial intelligence or AI means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.(e)(b) Covered provider is a business means a person that provides creates, codes, or otherwise produces a generative AI artificial intelligence system that has, on average over the preceding 12 months, has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state.(f)Department means the Department of Technology.(g)(c) Generative AI system refers to deep learning models that can generate text, images, and other content based on the data they were trained on. artificial intelligence or GenAI means an artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the systems training data.(h)(d) Metadata means structural or descriptive information about data, including content, format, source, rights, accuracy, provenance, frequency, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions. data.(i)Model means a component of an information system that implements artificial intelligence technology and uses computational, statistical, or machine learning techniques to produce outputs from a given set of inputs.(j)Person means a natural person located within the geographic boundaries of the state.(k)(e) Personal information has the same meaning as defined in Section 1798.140 of the Civil Code.(f) Personal provenance data means provenance data that contains either of the following:(1) Personal information.(2) Unique device, system, or service information that is reasonably capable of being associated with a particular user.(g) 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.(h) 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.22757.2. (a) A covered provider shall create and make freely available an AI detection tool by which a person can query the covered provider as to the extent to which text, image, video, audio, or multimedia content was created, in whole or in part, by a generative AI system provided by the covered provider that meets all of the following criteria:(1) The tool allows a user to assess whether image, video, audio, or other digital content was created or altered by the covered providers GenAI system.(2) The tool allows a user to determine which parts of the content were created or altered by the covered providers GenAI system.(3) The tool outputs any system provenance data that is detected in the content.(4) The tool does not output any personal provenance data that is detected in the content.(1)(5) The AI detection tool shall be is publicly accessible and available via a uniform resource locator (URL) on through the covered providers internet website and through its mobile application, as applicable.(2)(6) The AI detection tool shall allow allows a person user to upload content or a URL. provide a uniform resource locator (URL) linking to online content.(3)(7) The AI detection tool shall support supports an application programming interface that allows a person user to invoke the AI detection tool without visiting the covered providers internet website.(4)The AI detection tool(b) A covered provider shall allow a person to provide collect user feedback if the person believes the AI detection tool is not properly identifying content that was created by the covered provider. related to the efficacy of the covered providers AI detection tool and incorporate that feedback into any attempt to improve the efficacy of the tool.(b)In complying with this section, a(c) A covered provider shall not do any of the following:(1)Reveal personal information that identifies who utilized the covered providers generative AI system to create AI-generated content that was submitted to the covered providers AI detection tool.(2)(1) (A) Subject to Except as provided in subparagraph (B), collect and or retain personal information when a person utilizes from users of the covered providers AI detection tool.(B) (i) A covered provider may collect and retain the contact information of a person user who submitted submits feedback pursuant to paragraph (4) of subdivision (a). subdivision (b) if the user opts in to being contacted by the covered provider.(ii) User information collected pursuant to clause (i) shall be used only to evaluate and improve the efficacy of the covered providers AI detection tool.(3)(2) Retain any content submitted to the AI detection tool for longer than is necessary to comply with this section.(3) Retain any personal provenance data from content submitted to the AI detection tool by a user.22757.3. (a) A covered provider shall offer the user the option to include in AI-generated a manifest disclosure in image, text, video, audio, or multimedia other digital content created or altered by a generative AI the covered providers GenAI system it provides a visible disclosure that meets all of the following criteria:(1)The disclosure shall include a clear and conspicuous notice, as appropriate for the medium of the content, that identifies the content as generated by AI, such that the disclosure is not avoidable, is understandable to a reasonable person, and is not contradicted, mitigated by, or inconsistent with anything else in the communication.(1) The disclosure identifies content as AI-generated content.(2) The disclosure is clear, conspicuous, appropriate for the medium of the content, and understandable to a reasonable person.(2)(3) The disclosure shall, to the extent technically feasible, be is permanent or extraordinarily difficult to remove. remove, to the extent it is technically feasible.(3)The outputs metadata information shall include an identification of the content as being generated by AI, the identity of the tool used to create the content, and the date and time the content was created.(b)A covered provider shall include in AI-generated image, audio, video, or multimedia content created by a generative AI system an imperceptible disclosure that is machine detectable and is, to the extent technically feasible, permanent or difficult to remove.(c)A covered provider shall implement reasonable procedures to prevent downstream use of a generative AI system it provides without the disclosure required by this section, including by doing both of the following:(1)Requiring by contract that third-party licensees of the generative AI system refrain from removing a required disclosure.(2)Terminating access to the generative AI system when the covered provider has reason to believe that a third-party licensee has removed a required disclosure.(d)At least once every two years, the department shall review this section and make recommendations to the Legislature regarding any amendments needed to account for changing technology and standards.(b) A covered provider shall include a latent disclosure in AI-generated image, video, audio, or other digital content created by the covered providers GenAI system that meets all of the following criteria:(1) The disclosure conveys all of the following information, either directly or through a link to a permanent internet website:(A) The name of the covered provider.(B) The name and version number of the GenAI system that created or altered the content.(C) The time and date of the contents creation or alteration.(D) Which parts of the content were created or altered by the GenAI system.(E) A unique identifier.(2) The disclosure is detectable by the covered providers AI detection tool.(3) The disclosure is consistent with widely accepted industry standards.(4) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.(c) (1) If a covered provider licenses its GenAI system to a third party, the covered provider shall require by contract that the licensee maintain the systems capability to include a disclosure required by subdivision (b) in content the system creates or alters.(2) If a covered provider knows that a third-party licensee modified a licensed GenAI system such that it is no longer capable of including a disclosure required by subdivision (b) in content the system creates or alters, the covered provider shall revoke the license within 72 hours of discovering the licensees action.(3) A third-party licensee shall cease using a licensed GenAI system after the license for the system has been revoked by the covered provider pursuant to paragraph (2).22757.4. (a) A covered provider that violates this chapter shall be liable for a civil penalty in the amount of five thousand dollars ($5,000) per violation to be collected in a civil action filed only by the Attorney General.(b) Each day that a covered provider is in violation of this chapter shall be deemed a discrete violation.(c) For a violation by a third-party licensee of paragraph (3) of subdivision (c) of Section 22757.3, the Attorney General, a district attorney, a county counsel, or a city attorney may bring a civil action for both of the following:(1) Injunctive relief.(2) Reasonable attorneys fees and costs.
SECTION 1. Chapter 25 (commencing with Section 22757) is added to Division 8 of the Business and Professions Code, to read:
### SECTION 1.
CHAPTER 25. AI Transparency Act22757. This chapter shall be known as the California AI Transparency Act.22757.1. As used in this chapter:(a)AI detection tool means the tool required by Section 22757.2.(b)Artificial intelligence or AI means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments by using machine-based inputs and human-based inputs to perceive real and virtual environments, abstract its perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.(c)AI-generated content means any form of digital content that is created with deep learning or machine learning processes.(d)Business has the same meaning as defined in Section 1798.140 of the Civil Code.(a) Artificial intelligence or AI means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.(e)(b) Covered provider is a business means a person that provides creates, codes, or otherwise produces a generative AI artificial intelligence system that has, on average over the preceding 12 months, has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state.(f)Department means the Department of Technology.(g)(c) Generative AI system refers to deep learning models that can generate text, images, and other content based on the data they were trained on. artificial intelligence or GenAI means an artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the systems training data.(h)(d) Metadata means structural or descriptive information about data, including content, format, source, rights, accuracy, provenance, frequency, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions. data.(i)Model means a component of an information system that implements artificial intelligence technology and uses computational, statistical, or machine learning techniques to produce outputs from a given set of inputs.(j)Person means a natural person located within the geographic boundaries of the state.(k)(e) Personal information has the same meaning as defined in Section 1798.140 of the Civil Code.(f) Personal provenance data means provenance data that contains either of the following:(1) Personal information.(2) Unique device, system, or service information that is reasonably capable of being associated with a particular user.(g) 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.(h) 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.22757.2. (a) A covered provider shall create and make freely available an AI detection tool by which a person can query the covered provider as to the extent to which text, image, video, audio, or multimedia content was created, in whole or in part, by a generative AI system provided by the covered provider that meets all of the following criteria:(1) The tool allows a user to assess whether image, video, audio, or other digital content was created or altered by the covered providers GenAI system.(2) The tool allows a user to determine which parts of the content were created or altered by the covered providers GenAI system.(3) The tool outputs any system provenance data that is detected in the content.(4) The tool does not output any personal provenance data that is detected in the content.(1)(5) The AI detection tool shall be is publicly accessible and available via a uniform resource locator (URL) on through the covered providers internet website and through its mobile application, as applicable.(2)(6) The AI detection tool shall allow allows a person user to upload content or a URL. provide a uniform resource locator (URL) linking to online content.(3)(7) The AI detection tool shall support supports an application programming interface that allows a person user to invoke the AI detection tool without visiting the covered providers internet website.(4)The AI detection tool(b) A covered provider shall allow a person to provide collect user feedback if the person believes the AI detection tool is not properly identifying content that was created by the covered provider. related to the efficacy of the covered providers AI detection tool and incorporate that feedback into any attempt to improve the efficacy of the tool.(b)In complying with this section, a(c) A covered provider shall not do any of the following:(1)Reveal personal information that identifies who utilized the covered providers generative AI system to create AI-generated content that was submitted to the covered providers AI detection tool.(2)(1) (A) Subject to Except as provided in subparagraph (B), collect and or retain personal information when a person utilizes from users of the covered providers AI detection tool.(B) (i) A covered provider may collect and retain the contact information of a person user who submitted submits feedback pursuant to paragraph (4) of subdivision (a). subdivision (b) if the user opts in to being contacted by the covered provider.(ii) User information collected pursuant to clause (i) shall be used only to evaluate and improve the efficacy of the covered providers AI detection tool.(3)(2) Retain any content submitted to the AI detection tool for longer than is necessary to comply with this section.(3) Retain any personal provenance data from content submitted to the AI detection tool by a user.22757.3. (a) A covered provider shall offer the user the option to include in AI-generated a manifest disclosure in image, text, video, audio, or multimedia other digital content created or altered by a generative AI the covered providers GenAI system it provides a visible disclosure that meets all of the following criteria:(1)The disclosure shall include a clear and conspicuous notice, as appropriate for the medium of the content, that identifies the content as generated by AI, such that the disclosure is not avoidable, is understandable to a reasonable person, and is not contradicted, mitigated by, or inconsistent with anything else in the communication.(1) The disclosure identifies content as AI-generated content.(2) The disclosure is clear, conspicuous, appropriate for the medium of the content, and understandable to a reasonable person.(2)(3) The disclosure shall, to the extent technically feasible, be is permanent or extraordinarily difficult to remove. remove, to the extent it is technically feasible.(3)The outputs metadata information shall include an identification of the content as being generated by AI, the identity of the tool used to create the content, and the date and time the content was created.(b)A covered provider shall include in AI-generated image, audio, video, or multimedia content created by a generative AI system an imperceptible disclosure that is machine detectable and is, to the extent technically feasible, permanent or difficult to remove.(c)A covered provider shall implement reasonable procedures to prevent downstream use of a generative AI system it provides without the disclosure required by this section, including by doing both of the following:(1)Requiring by contract that third-party licensees of the generative AI system refrain from removing a required disclosure.(2)Terminating access to the generative AI system when the covered provider has reason to believe that a third-party licensee has removed a required disclosure.(d)At least once every two years, the department shall review this section and make recommendations to the Legislature regarding any amendments needed to account for changing technology and standards.(b) A covered provider shall include a latent disclosure in AI-generated image, video, audio, or other digital content created by the covered providers GenAI system that meets all of the following criteria:(1) The disclosure conveys all of the following information, either directly or through a link to a permanent internet website:(A) The name of the covered provider.(B) The name and version number of the GenAI system that created or altered the content.(C) The time and date of the contents creation or alteration.(D) Which parts of the content were created or altered by the GenAI system.(E) A unique identifier.(2) The disclosure is detectable by the covered providers AI detection tool.(3) The disclosure is consistent with widely accepted industry standards.(4) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.(c) (1) If a covered provider licenses its GenAI system to a third party, the covered provider shall require by contract that the licensee maintain the systems capability to include a disclosure required by subdivision (b) in content the system creates or alters.(2) If a covered provider knows that a third-party licensee modified a licensed GenAI system such that it is no longer capable of including a disclosure required by subdivision (b) in content the system creates or alters, the covered provider shall revoke the license within 72 hours of discovering the licensees action.(3) A third-party licensee shall cease using a licensed GenAI system after the license for the system has been revoked by the covered provider pursuant to paragraph (2).22757.4. (a) A covered provider that violates this chapter shall be liable for a civil penalty in the amount of five thousand dollars ($5,000) per violation to be collected in a civil action filed only by the Attorney General.(b) Each day that a covered provider is in violation of this chapter shall be deemed a discrete violation.(c) For a violation by a third-party licensee of paragraph (3) of subdivision (c) of Section 22757.3, the Attorney General, a district attorney, a county counsel, or a city attorney may bring a civil action for both of the following:(1) Injunctive relief.(2) Reasonable attorneys fees and costs.
CHAPTER 25. AI Transparency Act22757. This chapter shall be known as the California AI Transparency Act.22757.1. As used in this chapter:(a)AI detection tool means the tool required by Section 22757.2.(b)Artificial intelligence or AI means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments by using machine-based inputs and human-based inputs to perceive real and virtual environments, abstract its perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.(c)AI-generated content means any form of digital content that is created with deep learning or machine learning processes.(d)Business has the same meaning as defined in Section 1798.140 of the Civil Code.(a) Artificial intelligence or AI means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.(e)(b) Covered provider is a business means a person that provides creates, codes, or otherwise produces a generative AI artificial intelligence system that has, on average over the preceding 12 months, has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state.(f)Department means the Department of Technology.(g)(c) Generative AI system refers to deep learning models that can generate text, images, and other content based on the data they were trained on. artificial intelligence or GenAI means an artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the systems training data.(h)(d) Metadata means structural or descriptive information about data, including content, format, source, rights, accuracy, provenance, frequency, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions. data.(i)Model means a component of an information system that implements artificial intelligence technology and uses computational, statistical, or machine learning techniques to produce outputs from a given set of inputs.(j)Person means a natural person located within the geographic boundaries of the state.(k)(e) Personal information has the same meaning as defined in Section 1798.140 of the Civil Code.(f) Personal provenance data means provenance data that contains either of the following:(1) Personal information.(2) Unique device, system, or service information that is reasonably capable of being associated with a particular user.(g) 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.(h) 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.22757.2. (a) A covered provider shall create and make freely available an AI detection tool by which a person can query the covered provider as to the extent to which text, image, video, audio, or multimedia content was created, in whole or in part, by a generative AI system provided by the covered provider that meets all of the following criteria:(1) The tool allows a user to assess whether image, video, audio, or other digital content was created or altered by the covered providers GenAI system.(2) The tool allows a user to determine which parts of the content were created or altered by the covered providers GenAI system.(3) The tool outputs any system provenance data that is detected in the content.(4) The tool does not output any personal provenance data that is detected in the content.(1)(5) The AI detection tool shall be is publicly accessible and available via a uniform resource locator (URL) on through the covered providers internet website and through its mobile application, as applicable.(2)(6) The AI detection tool shall allow allows a person user to upload content or a URL. provide a uniform resource locator (URL) linking to online content.(3)(7) The AI detection tool shall support supports an application programming interface that allows a person user to invoke the AI detection tool without visiting the covered providers internet website.(4)The AI detection tool(b) A covered provider shall allow a person to provide collect user feedback if the person believes the AI detection tool is not properly identifying content that was created by the covered provider. related to the efficacy of the covered providers AI detection tool and incorporate that feedback into any attempt to improve the efficacy of the tool.(b)In complying with this section, a(c) A covered provider shall not do any of the following:(1)Reveal personal information that identifies who utilized the covered providers generative AI system to create AI-generated content that was submitted to the covered providers AI detection tool.(2)(1) (A) Subject to Except as provided in subparagraph (B), collect and or retain personal information when a person utilizes from users of the covered providers AI detection tool.(B) (i) A covered provider may collect and retain the contact information of a person user who submitted submits feedback pursuant to paragraph (4) of subdivision (a). subdivision (b) if the user opts in to being contacted by the covered provider.(ii) User information collected pursuant to clause (i) shall be used only to evaluate and improve the efficacy of the covered providers AI detection tool.(3)(2) Retain any content submitted to the AI detection tool for longer than is necessary to comply with this section.(3) Retain any personal provenance data from content submitted to the AI detection tool by a user.22757.3. (a) A covered provider shall offer the user the option to include in AI-generated a manifest disclosure in image, text, video, audio, or multimedia other digital content created or altered by a generative AI the covered providers GenAI system it provides a visible disclosure that meets all of the following criteria:(1)The disclosure shall include a clear and conspicuous notice, as appropriate for the medium of the content, that identifies the content as generated by AI, such that the disclosure is not avoidable, is understandable to a reasonable person, and is not contradicted, mitigated by, or inconsistent with anything else in the communication.(1) The disclosure identifies content as AI-generated content.(2) The disclosure is clear, conspicuous, appropriate for the medium of the content, and understandable to a reasonable person.(2)(3) The disclosure shall, to the extent technically feasible, be is permanent or extraordinarily difficult to remove. remove, to the extent it is technically feasible.(3)The outputs metadata information shall include an identification of the content as being generated by AI, the identity of the tool used to create the content, and the date and time the content was created.(b)A covered provider shall include in AI-generated image, audio, video, or multimedia content created by a generative AI system an imperceptible disclosure that is machine detectable and is, to the extent technically feasible, permanent or difficult to remove.(c)A covered provider shall implement reasonable procedures to prevent downstream use of a generative AI system it provides without the disclosure required by this section, including by doing both of the following:(1)Requiring by contract that third-party licensees of the generative AI system refrain from removing a required disclosure.(2)Terminating access to the generative AI system when the covered provider has reason to believe that a third-party licensee has removed a required disclosure.(d)At least once every two years, the department shall review this section and make recommendations to the Legislature regarding any amendments needed to account for changing technology and standards.(b) A covered provider shall include a latent disclosure in AI-generated image, video, audio, or other digital content created by the covered providers GenAI system that meets all of the following criteria:(1) The disclosure conveys all of the following information, either directly or through a link to a permanent internet website:(A) The name of the covered provider.(B) The name and version number of the GenAI system that created or altered the content.(C) The time and date of the contents creation or alteration.(D) Which parts of the content were created or altered by the GenAI system.(E) A unique identifier.(2) The disclosure is detectable by the covered providers AI detection tool.(3) The disclosure is consistent with widely accepted industry standards.(4) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.(c) (1) If a covered provider licenses its GenAI system to a third party, the covered provider shall require by contract that the licensee maintain the systems capability to include a disclosure required by subdivision (b) in content the system creates or alters.(2) If a covered provider knows that a third-party licensee modified a licensed GenAI system such that it is no longer capable of including a disclosure required by subdivision (b) in content the system creates or alters, the covered provider shall revoke the license within 72 hours of discovering the licensees action.(3) A third-party licensee shall cease using a licensed GenAI system after the license for the system has been revoked by the covered provider pursuant to paragraph (2).22757.4. (a) A covered provider that violates this chapter shall be liable for a civil penalty in the amount of five thousand dollars ($5,000) per violation to be collected in a civil action filed only by the Attorney General.(b) Each day that a covered provider is in violation of this chapter shall be deemed a discrete violation.(c) For a violation by a third-party licensee of paragraph (3) of subdivision (c) of Section 22757.3, the Attorney General, a district attorney, a county counsel, or a city attorney may bring a civil action for both of the following:(1) Injunctive relief.(2) Reasonable attorneys fees and costs.
CHAPTER 25. AI Transparency Act
CHAPTER 25. AI Transparency Act
22757. This chapter shall be known as the California AI Transparency Act.
22757. This chapter shall be known as the California AI Transparency Act.
22757.1. As used in this chapter:(a)AI detection tool means the tool required by Section 22757.2.(b)Artificial intelligence or AI means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments by using machine-based inputs and human-based inputs to perceive real and virtual environments, abstract its perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.(c)AI-generated content means any form of digital content that is created with deep learning or machine learning processes.(d)Business has the same meaning as defined in Section 1798.140 of the Civil Code.(a) Artificial intelligence or AI means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.(e)(b) Covered provider is a business means a person that provides creates, codes, or otherwise produces a generative AI artificial intelligence system that has, on average over the preceding 12 months, has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state.(f)Department means the Department of Technology.(g)(c) Generative AI system refers to deep learning models that can generate text, images, and other content based on the data they were trained on. artificial intelligence or GenAI means an artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the systems training data.(h)(d) Metadata means structural or descriptive information about data, including content, format, source, rights, accuracy, provenance, frequency, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions. data.(i)Model means a component of an information system that implements artificial intelligence technology and uses computational, statistical, or machine learning techniques to produce outputs from a given set of inputs.(j)Person means a natural person located within the geographic boundaries of the state.(k)(e) Personal information has the same meaning as defined in Section 1798.140 of the Civil Code.(f) Personal provenance data means provenance data that contains either of the following:(1) Personal information.(2) Unique device, system, or service information that is reasonably capable of being associated with a particular user.(g) 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.(h) 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.
22757.1. As used in this chapter:
(a)AI detection tool means the tool required by Section 22757.2.
(b)Artificial intelligence or AI means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments by using machine-based inputs and human-based inputs to perceive real and virtual environments, abstract its perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.
(c)AI-generated content means any form of digital content that is created with deep learning or machine learning processes.
(d)Business has the same meaning as defined in Section 1798.140 of the Civil Code.
(a) Artificial intelligence or AI means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
(e)
(b) Covered provider is a business means a person that provides creates, codes, or otherwise produces a generative AI artificial intelligence system that has, on average over the preceding 12 months, has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state.
(f)Department means the Department of Technology.
(g)
(c) Generative AI system refers to deep learning models that can generate text, images, and other content based on the data they were trained on. artificial intelligence or GenAI means an artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the systems training data.
(h)
(d) Metadata means structural or descriptive information about data, including content, format, source, rights, accuracy, provenance, frequency, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions. data.
(i)Model means a component of an information system that implements artificial intelligence technology and uses computational, statistical, or machine learning techniques to produce outputs from a given set of inputs.
(j)Person means a natural person located within the geographic boundaries of the state.
(k)
(e) Personal information has the same meaning as defined in Section 1798.140 of the Civil Code.
(f) Personal provenance data means provenance data that contains either of the following:
(1) Personal information.
(2) Unique device, system, or service information that is reasonably capable of being associated with a particular user.
(g) 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.
(h) 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.
22757.2. (a) A covered provider shall create and make freely available an AI detection tool by which a person can query the covered provider as to the extent to which text, image, video, audio, or multimedia content was created, in whole or in part, by a generative AI system provided by the covered provider that meets all of the following criteria:(1) The tool allows a user to assess whether image, video, audio, or other digital content was created or altered by the covered providers GenAI system.(2) The tool allows a user to determine which parts of the content were created or altered by the covered providers GenAI system.(3) The tool outputs any system provenance data that is detected in the content.(4) The tool does not output any personal provenance data that is detected in the content.(1)(5) The AI detection tool shall be is publicly accessible and available via a uniform resource locator (URL) on through the covered providers internet website and through its mobile application, as applicable.(2)(6) The AI detection tool shall allow allows a person user to upload content or a URL. provide a uniform resource locator (URL) linking to online content.(3)(7) The AI detection tool shall support supports an application programming interface that allows a person user to invoke the AI detection tool without visiting the covered providers internet website.(4)The AI detection tool(b) A covered provider shall allow a person to provide collect user feedback if the person believes the AI detection tool is not properly identifying content that was created by the covered provider. related to the efficacy of the covered providers AI detection tool and incorporate that feedback into any attempt to improve the efficacy of the tool.(b)In complying with this section, a(c) A covered provider shall not do any of the following:(1)Reveal personal information that identifies who utilized the covered providers generative AI system to create AI-generated content that was submitted to the covered providers AI detection tool.(2)(1) (A) Subject to Except as provided in subparagraph (B), collect and or retain personal information when a person utilizes from users of the covered providers AI detection tool.(B) (i) A covered provider may collect and retain the contact information of a person user who submitted submits feedback pursuant to paragraph (4) of subdivision (a). subdivision (b) if the user opts in to being contacted by the covered provider.(ii) User information collected pursuant to clause (i) shall be used only to evaluate and improve the efficacy of the covered providers AI detection tool.(3)(2) Retain any content submitted to the AI detection tool for longer than is necessary to comply with this section.(3) Retain any personal provenance data from content submitted to the AI detection tool by a user.
22757.2. (a) A covered provider shall create and make freely available an AI detection tool by which a person can query the covered provider as to the extent to which text, image, video, audio, or multimedia content was created, in whole or in part, by a generative AI system provided by the covered provider that meets all of the following criteria:
(1) The tool allows a user to assess whether image, video, audio, or other digital content was created or altered by the covered providers GenAI system.
(2) The tool allows a user to determine which parts of the content were created or altered by the covered providers GenAI system.
(3) The tool outputs any system provenance data that is detected in the content.
(4) The tool does not output any personal provenance data that is detected in the content.
(1)
(5) The AI detection tool shall be is publicly accessible and available via a uniform resource locator (URL) on through the covered providers internet website and through its mobile application, as applicable.
(2)
(6) The AI detection tool shall allow allows a person user to upload content or a URL. provide a uniform resource locator (URL) linking to online content.
(3)
(7) The AI detection tool shall support supports an application programming interface that allows a person user to invoke the AI detection tool without visiting the covered providers internet website.
(4)The AI detection tool
(b) A covered provider shall allow a person to provide collect user feedback if the person believes the AI detection tool is not properly identifying content that was created by the covered provider. related to the efficacy of the covered providers AI detection tool and incorporate that feedback into any attempt to improve the efficacy of the tool.
(b)In complying with this section, a
(c) A covered provider shall not do any of the following:
(1)Reveal personal information that identifies who utilized the covered providers generative AI system to create AI-generated content that was submitted to the covered providers AI detection tool.
(2)
(1) (A) Subject to Except as provided in subparagraph (B), collect and or retain personal information when a person utilizes from users of the covered providers AI detection tool.
(B) (i) A covered provider may collect and retain the contact information of a person user who submitted submits feedback pursuant to paragraph (4) of subdivision (a). subdivision (b) if the user opts in to being contacted by the covered provider.
(ii) User information collected pursuant to clause (i) shall be used only to evaluate and improve the efficacy of the covered providers AI detection tool.
(3)
(2) Retain any content submitted to the AI detection tool for longer than is necessary to comply with this section.
(3) Retain any personal provenance data from content submitted to the AI detection tool by a user.
22757.3. (a) A covered provider shall offer the user the option to include in AI-generated a manifest disclosure in image, text, video, audio, or multimedia other digital content created or altered by a generative AI the covered providers GenAI system it provides a visible disclosure that meets all of the following criteria:(1)The disclosure shall include a clear and conspicuous notice, as appropriate for the medium of the content, that identifies the content as generated by AI, such that the disclosure is not avoidable, is understandable to a reasonable person, and is not contradicted, mitigated by, or inconsistent with anything else in the communication.(1) The disclosure identifies content as AI-generated content.(2) The disclosure is clear, conspicuous, appropriate for the medium of the content, and understandable to a reasonable person.(2)(3) The disclosure shall, to the extent technically feasible, be is permanent or extraordinarily difficult to remove. remove, to the extent it is technically feasible.(3)The outputs metadata information shall include an identification of the content as being generated by AI, the identity of the tool used to create the content, and the date and time the content was created.(b)A covered provider shall include in AI-generated image, audio, video, or multimedia content created by a generative AI system an imperceptible disclosure that is machine detectable and is, to the extent technically feasible, permanent or difficult to remove.(c)A covered provider shall implement reasonable procedures to prevent downstream use of a generative AI system it provides without the disclosure required by this section, including by doing both of the following:(1)Requiring by contract that third-party licensees of the generative AI system refrain from removing a required disclosure.(2)Terminating access to the generative AI system when the covered provider has reason to believe that a third-party licensee has removed a required disclosure.(d)At least once every two years, the department shall review this section and make recommendations to the Legislature regarding any amendments needed to account for changing technology and standards.(b) A covered provider shall include a latent disclosure in AI-generated image, video, audio, or other digital content created by the covered providers GenAI system that meets all of the following criteria:(1) The disclosure conveys all of the following information, either directly or through a link to a permanent internet website:(A) The name of the covered provider.(B) The name and version number of the GenAI system that created or altered the content.(C) The time and date of the contents creation or alteration.(D) Which parts of the content were created or altered by the GenAI system.(E) A unique identifier.(2) The disclosure is detectable by the covered providers AI detection tool.(3) The disclosure is consistent with widely accepted industry standards.(4) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.(c) (1) If a covered provider licenses its GenAI system to a third party, the covered provider shall require by contract that the licensee maintain the systems capability to include a disclosure required by subdivision (b) in content the system creates or alters.(2) If a covered provider knows that a third-party licensee modified a licensed GenAI system such that it is no longer capable of including a disclosure required by subdivision (b) in content the system creates or alters, the covered provider shall revoke the license within 72 hours of discovering the licensees action.(3) A third-party licensee shall cease using a licensed GenAI system after the license for the system has been revoked by the covered provider pursuant to paragraph (2).
22757.3. (a) A covered provider shall offer the user the option to include in AI-generated a manifest disclosure in image, text, video, audio, or multimedia other digital content created or altered by a generative AI the covered providers GenAI system it provides a visible disclosure that meets all of the following criteria:
(1)The disclosure shall include a clear and conspicuous notice, as appropriate for the medium of the content, that identifies the content as generated by AI, such that the disclosure is not avoidable, is understandable to a reasonable person, and is not contradicted, mitigated by, or inconsistent with anything else in the communication.
(1) The disclosure identifies content as AI-generated content.
(2) The disclosure is clear, conspicuous, appropriate for the medium of the content, and understandable to a reasonable person.
(2)
(3) The disclosure shall, to the extent technically feasible, be is permanent or extraordinarily difficult to remove. remove, to the extent it is technically feasible.
(3)The outputs metadata information shall include an identification of the content as being generated by AI, the identity of the tool used to create the content, and the date and time the content was created.
(b)A covered provider shall include in AI-generated image, audio, video, or multimedia content created by a generative AI system an imperceptible disclosure that is machine detectable and is, to the extent technically feasible, permanent or difficult to remove.
(c)A covered provider shall implement reasonable procedures to prevent downstream use of a generative AI system it provides without the disclosure required by this section, including by doing both of the following:
(1)Requiring by contract that third-party licensees of the generative AI system refrain from removing a required disclosure.
(2)Terminating access to the generative AI system when the covered provider has reason to believe that a third-party licensee has removed a required disclosure.
(d)At least once every two years, the department shall review this section and make recommendations to the Legislature regarding any amendments needed to account for changing technology and standards.
(b) A covered provider shall include a latent disclosure in AI-generated image, video, audio, or other digital content created by the covered providers GenAI system that meets all of the following criteria:
(1) The disclosure conveys all of the following information, either directly or through a link to a permanent internet website:
(A) The name of the covered provider.
(B) The name and version number of the GenAI system that created or altered the content.
(C) The time and date of the contents creation or alteration.
(D) Which parts of the content were created or altered by the GenAI system.
(E) A unique identifier.
(2) The disclosure is detectable by the covered providers AI detection tool.
(3) The disclosure is consistent with widely accepted industry standards.
(4) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.
(c) (1) If a covered provider licenses its GenAI system to a third party, the covered provider shall require by contract that the licensee maintain the systems capability to include a disclosure required by subdivision (b) in content the system creates or alters.
(2) If a covered provider knows that a third-party licensee modified a licensed GenAI system such that it is no longer capable of including a disclosure required by subdivision (b) in content the system creates or alters, the covered provider shall revoke the license within 72 hours of discovering the licensees action.
(3) A third-party licensee shall cease using a licensed GenAI system after the license for the system has been revoked by the covered provider pursuant to paragraph (2).
22757.4. (a) A covered provider that violates this chapter shall be liable for a civil penalty in the amount of five thousand dollars ($5,000) per violation to be collected in a civil action filed only by the Attorney General.(b) Each day that a covered provider is in violation of this chapter shall be deemed a discrete violation.(c) For a violation by a third-party licensee of paragraph (3) of subdivision (c) of Section 22757.3, the Attorney General, a district attorney, a county counsel, or a city attorney may bring a civil action for both of the following:(1) Injunctive relief.(2) Reasonable attorneys fees and costs.
22757.4. (a) A covered provider that violates this chapter shall be liable for a civil penalty in the amount of five thousand dollars ($5,000) per violation to be collected in a civil action filed only by the Attorney General.
(b) Each day that a covered provider is in violation of this chapter shall be deemed a discrete violation.
(c) For a violation by a third-party licensee of paragraph (3) of subdivision (c) of Section 22757.3, the Attorney General, a district attorney, a county counsel, or a city attorney may bring a civil action for both of the following:
(1) Injunctive relief.
(2) Reasonable attorneys fees and costs.