California 2023-2024 Regular Session

California Senate Bill SB942 Compare Versions

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1-Senate Bill No. 942 CHAPTER 291An act to add Chapter 25 (commencing with Section 22757) to Division 8 of the Business and Professions Code, relating to consumer protection. [ Approved by Governor September 19, 2024. Filed with Secretary of State September 19, 2024. ] LEGISLATIVE COUNSEL'S DIGESTSB 942, 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 make available an artificial intelligence (AI) detection tool at no cost to the user that meets certain criteria, including that the AI detection tool is publicly accessible. The bill would require a covered provider to offer the user an option to include a manifest disclosure in image, video, or audio content, or content that is any combination thereof, created or altered by the covered providers generative artificial intelligence (GenAI) system that, among other things, 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 content, or content that is any combination thereof, created by the covered providers GenAI system that, among other things, to the extent that it is technically feasible and reasonable 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 96 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 by the Attorney General, a city attorney, or a county counsel, 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 county counsel, or a city attorney to bring a civil action for injunctive relief and reasonable attorneys fees and costs.This bill would make its provisions operative on January 1, 2026.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) 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.(b) Covered provider means a person that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state.(c) Generative artificial intelligence system or GenAI system 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.(d) Latent means present but not manifest.(e) Manifest means easily perceived, understood, or recognized by a natural person.(f) Metadata means structural or descriptive information about data.(g) Personal information has the same meaning as defined in Section 1798.140 of the Civil Code.(h) 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.(i) 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.(j) 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 related to content authenticity.22757.2. (a) A covered provider shall make available an AI detection tool at no cost to the user that meets all of the following criteria:(1) The tool allows a user to assess whether image, video, or audio content, or content that is any combination thereof, was created or altered by the covered providers GenAI system.(2) The tool outputs any system provenance data that is detected in the content.(3) The tool does not output any personal provenance data that is detected in the content.(4) (A) Subject to subparagraph (B), the tool is publicly accessible.(B) A covered provider may impose reasonable limitations on access to the tool to prevent, or respond to, demonstrable risks to the security or integrity of its GenAI system.(5) The tool allows a user to upload content or provide a uniform resource locator (URL) linking to online content.(6) The tool supports an application programming interface that allows a user to invoke the tool without visiting the covered providers internet website.(b) A covered provider shall collect user feedback related to the efficacy of the covered providers AI detection tool and incorporate relevant feedback into any attempt to improve the efficacy of the tool.(c) A covered provider shall not do any of the following:(1) (A) Except as provided in subparagraph (B), collect or retain personal information from users of the covered providers AI detection tool.(B) (i) A covered provider may collect and retain the contact information of a user who submits feedback pursuant to 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.(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 a manifest disclosure in image, video, or audio content, or content that is any combination thereof, created or altered by the covered providers GenAI system that meets all of the following criteria:(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.(3) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.(b) A covered provider shall include a latent disclosure in AI-generated image, video, or audio content, or content that is any combination thereof, created by the covered providers GenAI system that meets all of the following criteria:(1) To the extent that it is technically feasible and reasonable, 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) 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 96 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) (1) 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 by the Attorney General, a city attorney, or a county counsel.(2) A prevailing plaintiff in an action brought pursuant to this subdivision shall be entitled to all reasonable attorneys costs and fees.(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 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.22757.5. This chapter does not apply to any product, service, internet website, or application that provides exclusively non-user-generated video game, television, streaming, movie, or interactive experiences.22757.6. This chapter shall become operative on January 1, 2026.
1+Enrolled September 03, 2024 Passed IN Senate August 29, 2024 Passed IN Assembly August 28, 2024 Amended IN Assembly August 23, 2024 Amended IN Assembly August 19, 2024 Amended IN Assembly July 03, 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. 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, 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 make available an artificial intelligence (AI) detection tool at no cost to the user that meets certain criteria, including that the AI detection tool is publicly accessible. The bill would require a covered provider to offer the user an option to include a manifest disclosure in image, video, or audio content, or content that is any combination thereof, created or altered by the covered providers generative artificial intelligence (GenAI) system that, among other things, 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 content, or content that is any combination thereof, created by the covered providers GenAI system that, among other things, to the extent that it is technically feasible and reasonable 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 96 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 by the Attorney General, a city attorney, or a county counsel, 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 county counsel, or a city attorney to bring a civil action for injunctive relief and reasonable attorneys fees and costs.This bill would make its provisions operative on January 1, 2026.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) 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.(b) Covered provider means a person that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state.(c) Generative artificial intelligence system or GenAI system 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.(d) Latent means present but not manifest.(e) Manifest means easily perceived, understood, or recognized by a natural person.(f) Metadata means structural or descriptive information about data.(g) Personal information has the same meaning as defined in Section 1798.140 of the Civil Code.(h) 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.(i) 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.(j) 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 related to content authenticity.22757.2. (a) A covered provider shall make available an AI detection tool at no cost to the user that meets all of the following criteria:(1) The tool allows a user to assess whether image, video, or audio content, or content that is any combination thereof, was created or altered by the covered providers GenAI system.(2) The tool outputs any system provenance data that is detected in the content.(3) The tool does not output any personal provenance data that is detected in the content.(4) (A) Subject to subparagraph (B), the tool is publicly accessible.(B) A covered provider may impose reasonable limitations on access to the tool to prevent, or respond to, demonstrable risks to the security or integrity of its GenAI system.(5) The tool allows a user to upload content or provide a uniform resource locator (URL) linking to online content.(6) The tool supports an application programming interface that allows a user to invoke the tool without visiting the covered providers internet website.(b) A covered provider shall collect user feedback related to the efficacy of the covered providers AI detection tool and incorporate relevant feedback into any attempt to improve the efficacy of the tool.(c) A covered provider shall not do any of the following:(1) (A) Except as provided in subparagraph (B), collect or retain personal information from users of the covered providers AI detection tool.(B) (i) A covered provider may collect and retain the contact information of a user who submits feedback pursuant to 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.(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 a manifest disclosure in image, video, or audio content, or content that is any combination thereof, created or altered by the covered providers GenAI system that meets all of the following criteria:(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.(3) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.(b) A covered provider shall include a latent disclosure in AI-generated image, video, or audio content, or content that is any combination thereof, created by the covered providers GenAI system that meets all of the following criteria:(1) To the extent that it is technically feasible and reasonable, 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) 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 96 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) (1) 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 by the Attorney General, a city attorney, or a county counsel.(2) A prevailing plaintiff in an action brought pursuant to this subdivision shall be entitled to all reasonable attorneys costs and fees.(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 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.22757.5. This chapter does not apply to any product, service, internet website, or application that provides exclusively non-user-generated video game, television, streaming, movie, or interactive experiences.22757.6. This chapter shall become operative on January 1, 2026.
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3- Senate Bill No. 942 CHAPTER 291An act to add Chapter 25 (commencing with Section 22757) to Division 8 of the Business and Professions Code, relating to consumer protection. [ Approved by Governor September 19, 2024. Filed with Secretary of State September 19, 2024. ] LEGISLATIVE COUNSEL'S DIGESTSB 942, 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 make available an artificial intelligence (AI) detection tool at no cost to the user that meets certain criteria, including that the AI detection tool is publicly accessible. The bill would require a covered provider to offer the user an option to include a manifest disclosure in image, video, or audio content, or content that is any combination thereof, created or altered by the covered providers generative artificial intelligence (GenAI) system that, among other things, 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 content, or content that is any combination thereof, created by the covered providers GenAI system that, among other things, to the extent that it is technically feasible and reasonable 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 96 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 by the Attorney General, a city attorney, or a county counsel, 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 county counsel, or a city attorney to bring a civil action for injunctive relief and reasonable attorneys fees and costs.This bill would make its provisions operative on January 1, 2026.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Enrolled September 03, 2024 Passed IN Senate August 29, 2024 Passed IN Assembly August 28, 2024 Amended IN Assembly August 23, 2024 Amended IN Assembly August 19, 2024 Amended IN Assembly July 03, 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. 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, 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 make available an artificial intelligence (AI) detection tool at no cost to the user that meets certain criteria, including that the AI detection tool is publicly accessible. The bill would require a covered provider to offer the user an option to include a manifest disclosure in image, video, or audio content, or content that is any combination thereof, created or altered by the covered providers generative artificial intelligence (GenAI) system that, among other things, 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 content, or content that is any combination thereof, created by the covered providers GenAI system that, among other things, to the extent that it is technically feasible and reasonable 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 96 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 by the Attorney General, a city attorney, or a county counsel, 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 county counsel, or a city attorney to bring a civil action for injunctive relief and reasonable attorneys fees and costs.This bill would make its provisions operative on January 1, 2026.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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5- Senate Bill No. 942 CHAPTER 291
5+ Enrolled September 03, 2024 Passed IN Senate August 29, 2024 Passed IN Assembly August 28, 2024 Amended IN Assembly August 23, 2024 Amended IN Assembly August 19, 2024 Amended IN Assembly July 03, 2024 Amended IN Assembly June 20, 2024 Amended IN Senate May 16, 2024 Amended IN Senate March 20, 2024
66
7- Senate Bill No. 942
7+Enrolled September 03, 2024
8+Passed IN Senate August 29, 2024
9+Passed IN Assembly August 28, 2024
10+Amended IN Assembly August 23, 2024
11+Amended IN Assembly August 19, 2024
12+Amended IN Assembly July 03, 2024
13+Amended IN Assembly June 20, 2024
14+Amended IN Senate May 16, 2024
15+Amended IN Senate March 20, 2024
816
9- CHAPTER 291
17+ CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
18+
19+ Senate Bill
20+
21+No. 942
22+
23+Introduced by Senator BeckerJanuary 17, 2024
24+
25+Introduced by Senator Becker
26+January 17, 2024
1027
1128 An act to add Chapter 25 (commencing with Section 22757) to Division 8 of the Business and Professions Code, relating to consumer protection.
12-
13- [ Approved by Governor September 19, 2024. Filed with Secretary of State September 19, 2024. ]
1429
1530 LEGISLATIVE COUNSEL'S DIGEST
1631
1732 ## LEGISLATIVE COUNSEL'S DIGEST
1833
1934 SB 942, Becker. California AI Transparency Act.
2035
2136 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 make available an artificial intelligence (AI) detection tool at no cost to the user that meets certain criteria, including that the AI detection tool is publicly accessible. The bill would require a covered provider to offer the user an option to include a manifest disclosure in image, video, or audio content, or content that is any combination thereof, created or altered by the covered providers generative artificial intelligence (GenAI) system that, among other things, 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 content, or content that is any combination thereof, created by the covered providers GenAI system that, among other things, to the extent that it is technically feasible and reasonable 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 96 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 by the Attorney General, a city attorney, or a county counsel, 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 county counsel, or a city attorney to bring a civil action for injunctive relief and reasonable attorneys fees and costs.This bill would make its provisions operative on January 1, 2026.
2237
2338 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.
2439
2540 This bill, the California AI Transparency Act, would, among other things, require a covered provider, as defined, to make available an artificial intelligence (AI) detection tool at no cost to the user that meets certain criteria, including that the AI detection tool is publicly accessible. The bill would require a covered provider to offer the user an option to include a manifest disclosure in image, video, or audio content, or content that is any combination thereof, created or altered by the covered providers generative artificial intelligence (GenAI) system that, among other things, 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 content, or content that is any combination thereof, created by the covered providers GenAI system that, among other things, to the extent that it is technically feasible and reasonable 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 96 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.
2641
2742 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 by the Attorney General, a city attorney, or a county counsel, 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 county counsel, or a city attorney to bring a civil action for injunctive relief and reasonable attorneys fees and costs.
2843
2944 This bill would make its provisions operative on January 1, 2026.
3045
3146 ## Digest Key
3247
3348 ## Bill Text
3449
3550 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) 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.(b) Covered provider means a person that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state.(c) Generative artificial intelligence system or GenAI system 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.(d) Latent means present but not manifest.(e) Manifest means easily perceived, understood, or recognized by a natural person.(f) Metadata means structural or descriptive information about data.(g) Personal information has the same meaning as defined in Section 1798.140 of the Civil Code.(h) 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.(i) 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.(j) 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 related to content authenticity.22757.2. (a) A covered provider shall make available an AI detection tool at no cost to the user that meets all of the following criteria:(1) The tool allows a user to assess whether image, video, or audio content, or content that is any combination thereof, was created or altered by the covered providers GenAI system.(2) The tool outputs any system provenance data that is detected in the content.(3) The tool does not output any personal provenance data that is detected in the content.(4) (A) Subject to subparagraph (B), the tool is publicly accessible.(B) A covered provider may impose reasonable limitations on access to the tool to prevent, or respond to, demonstrable risks to the security or integrity of its GenAI system.(5) The tool allows a user to upload content or provide a uniform resource locator (URL) linking to online content.(6) The tool supports an application programming interface that allows a user to invoke the tool without visiting the covered providers internet website.(b) A covered provider shall collect user feedback related to the efficacy of the covered providers AI detection tool and incorporate relevant feedback into any attempt to improve the efficacy of the tool.(c) A covered provider shall not do any of the following:(1) (A) Except as provided in subparagraph (B), collect or retain personal information from users of the covered providers AI detection tool.(B) (i) A covered provider may collect and retain the contact information of a user who submits feedback pursuant to 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.(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 a manifest disclosure in image, video, or audio content, or content that is any combination thereof, created or altered by the covered providers GenAI system that meets all of the following criteria:(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.(3) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.(b) A covered provider shall include a latent disclosure in AI-generated image, video, or audio content, or content that is any combination thereof, created by the covered providers GenAI system that meets all of the following criteria:(1) To the extent that it is technically feasible and reasonable, 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) 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 96 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) (1) 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 by the Attorney General, a city attorney, or a county counsel.(2) A prevailing plaintiff in an action brought pursuant to this subdivision shall be entitled to all reasonable attorneys costs and fees.(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 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.22757.5. This chapter does not apply to any product, service, internet website, or application that provides exclusively non-user-generated video game, television, streaming, movie, or interactive experiences.22757.6. This chapter shall become operative on January 1, 2026.
3651
3752 The people of the State of California do enact as follows:
3853
3954 ## The people of the State of California do enact as follows:
4055
4156 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) 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.(b) Covered provider means a person that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state.(c) Generative artificial intelligence system or GenAI system 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.(d) Latent means present but not manifest.(e) Manifest means easily perceived, understood, or recognized by a natural person.(f) Metadata means structural or descriptive information about data.(g) Personal information has the same meaning as defined in Section 1798.140 of the Civil Code.(h) 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.(i) 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.(j) 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 related to content authenticity.22757.2. (a) A covered provider shall make available an AI detection tool at no cost to the user that meets all of the following criteria:(1) The tool allows a user to assess whether image, video, or audio content, or content that is any combination thereof, was created or altered by the covered providers GenAI system.(2) The tool outputs any system provenance data that is detected in the content.(3) The tool does not output any personal provenance data that is detected in the content.(4) (A) Subject to subparagraph (B), the tool is publicly accessible.(B) A covered provider may impose reasonable limitations on access to the tool to prevent, or respond to, demonstrable risks to the security or integrity of its GenAI system.(5) The tool allows a user to upload content or provide a uniform resource locator (URL) linking to online content.(6) The tool supports an application programming interface that allows a user to invoke the tool without visiting the covered providers internet website.(b) A covered provider shall collect user feedback related to the efficacy of the covered providers AI detection tool and incorporate relevant feedback into any attempt to improve the efficacy of the tool.(c) A covered provider shall not do any of the following:(1) (A) Except as provided in subparagraph (B), collect or retain personal information from users of the covered providers AI detection tool.(B) (i) A covered provider may collect and retain the contact information of a user who submits feedback pursuant to 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.(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 a manifest disclosure in image, video, or audio content, or content that is any combination thereof, created or altered by the covered providers GenAI system that meets all of the following criteria:(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.(3) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.(b) A covered provider shall include a latent disclosure in AI-generated image, video, or audio content, or content that is any combination thereof, created by the covered providers GenAI system that meets all of the following criteria:(1) To the extent that it is technically feasible and reasonable, 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) 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 96 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) (1) 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 by the Attorney General, a city attorney, or a county counsel.(2) A prevailing plaintiff in an action brought pursuant to this subdivision shall be entitled to all reasonable attorneys costs and fees.(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 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.22757.5. This chapter does not apply to any product, service, internet website, or application that provides exclusively non-user-generated video game, television, streaming, movie, or interactive experiences.22757.6. This chapter shall become operative on January 1, 2026.
4257
4358 SECTION 1. Chapter 25 (commencing with Section 22757) is added to Division 8 of the Business and Professions Code, to read:
4459
4560 ### SECTION 1.
4661
4762 CHAPTER 25. AI Transparency Act22757. This chapter shall be known as the California AI Transparency Act.22757.1. As used in this chapter:(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.(b) Covered provider means a person that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state.(c) Generative artificial intelligence system or GenAI system 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.(d) Latent means present but not manifest.(e) Manifest means easily perceived, understood, or recognized by a natural person.(f) Metadata means structural or descriptive information about data.(g) Personal information has the same meaning as defined in Section 1798.140 of the Civil Code.(h) 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.(i) 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.(j) 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 related to content authenticity.22757.2. (a) A covered provider shall make available an AI detection tool at no cost to the user that meets all of the following criteria:(1) The tool allows a user to assess whether image, video, or audio content, or content that is any combination thereof, was created or altered by the covered providers GenAI system.(2) The tool outputs any system provenance data that is detected in the content.(3) The tool does not output any personal provenance data that is detected in the content.(4) (A) Subject to subparagraph (B), the tool is publicly accessible.(B) A covered provider may impose reasonable limitations on access to the tool to prevent, or respond to, demonstrable risks to the security or integrity of its GenAI system.(5) The tool allows a user to upload content or provide a uniform resource locator (URL) linking to online content.(6) The tool supports an application programming interface that allows a user to invoke the tool without visiting the covered providers internet website.(b) A covered provider shall collect user feedback related to the efficacy of the covered providers AI detection tool and incorporate relevant feedback into any attempt to improve the efficacy of the tool.(c) A covered provider shall not do any of the following:(1) (A) Except as provided in subparagraph (B), collect or retain personal information from users of the covered providers AI detection tool.(B) (i) A covered provider may collect and retain the contact information of a user who submits feedback pursuant to 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.(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 a manifest disclosure in image, video, or audio content, or content that is any combination thereof, created or altered by the covered providers GenAI system that meets all of the following criteria:(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.(3) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.(b) A covered provider shall include a latent disclosure in AI-generated image, video, or audio content, or content that is any combination thereof, created by the covered providers GenAI system that meets all of the following criteria:(1) To the extent that it is technically feasible and reasonable, 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) 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 96 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) (1) 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 by the Attorney General, a city attorney, or a county counsel.(2) A prevailing plaintiff in an action brought pursuant to this subdivision shall be entitled to all reasonable attorneys costs and fees.(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 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.22757.5. This chapter does not apply to any product, service, internet website, or application that provides exclusively non-user-generated video game, television, streaming, movie, or interactive experiences.22757.6. This chapter shall become operative on January 1, 2026.
4863
4964 CHAPTER 25. AI Transparency Act22757. This chapter shall be known as the California AI Transparency Act.22757.1. As used in this chapter:(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.(b) Covered provider means a person that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state.(c) Generative artificial intelligence system or GenAI system 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.(d) Latent means present but not manifest.(e) Manifest means easily perceived, understood, or recognized by a natural person.(f) Metadata means structural or descriptive information about data.(g) Personal information has the same meaning as defined in Section 1798.140 of the Civil Code.(h) 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.(i) 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.(j) 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 related to content authenticity.22757.2. (a) A covered provider shall make available an AI detection tool at no cost to the user that meets all of the following criteria:(1) The tool allows a user to assess whether image, video, or audio content, or content that is any combination thereof, was created or altered by the covered providers GenAI system.(2) The tool outputs any system provenance data that is detected in the content.(3) The tool does not output any personal provenance data that is detected in the content.(4) (A) Subject to subparagraph (B), the tool is publicly accessible.(B) A covered provider may impose reasonable limitations on access to the tool to prevent, or respond to, demonstrable risks to the security or integrity of its GenAI system.(5) The tool allows a user to upload content or provide a uniform resource locator (URL) linking to online content.(6) The tool supports an application programming interface that allows a user to invoke the tool without visiting the covered providers internet website.(b) A covered provider shall collect user feedback related to the efficacy of the covered providers AI detection tool and incorporate relevant feedback into any attempt to improve the efficacy of the tool.(c) A covered provider shall not do any of the following:(1) (A) Except as provided in subparagraph (B), collect or retain personal information from users of the covered providers AI detection tool.(B) (i) A covered provider may collect and retain the contact information of a user who submits feedback pursuant to 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.(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 a manifest disclosure in image, video, or audio content, or content that is any combination thereof, created or altered by the covered providers GenAI system that meets all of the following criteria:(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.(3) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.(b) A covered provider shall include a latent disclosure in AI-generated image, video, or audio content, or content that is any combination thereof, created by the covered providers GenAI system that meets all of the following criteria:(1) To the extent that it is technically feasible and reasonable, 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) 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 96 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) (1) 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 by the Attorney General, a city attorney, or a county counsel.(2) A prevailing plaintiff in an action brought pursuant to this subdivision shall be entitled to all reasonable attorneys costs and fees.(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 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.22757.5. This chapter does not apply to any product, service, internet website, or application that provides exclusively non-user-generated video game, television, streaming, movie, or interactive experiences.22757.6. This chapter shall become operative on January 1, 2026.
5065
5166 CHAPTER 25. AI Transparency Act
5267
5368 CHAPTER 25. AI Transparency Act
5469
5570 22757. This chapter shall be known as the California AI Transparency Act.
5671
5772
5873
5974 22757. This chapter shall be known as the California AI Transparency Act.
6075
6176 22757.1. As used in this chapter:(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.(b) Covered provider means a person that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state.(c) Generative artificial intelligence system or GenAI system 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.(d) Latent means present but not manifest.(e) Manifest means easily perceived, understood, or recognized by a natural person.(f) Metadata means structural or descriptive information about data.(g) Personal information has the same meaning as defined in Section 1798.140 of the Civil Code.(h) 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.(i) 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.(j) 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 related to content authenticity.
6277
6378
6479
6580 22757.1. As used in this chapter:
6681
6782 (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.
6883
6984 (b) Covered provider means a person that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state.
7085
7186 (c) Generative artificial intelligence system or GenAI system 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.
7287
7388 (d) Latent means present but not manifest.
7489
7590 (e) Manifest means easily perceived, understood, or recognized by a natural person.
7691
7792 (f) Metadata means structural or descriptive information about data.
7893
7994 (g) Personal information has the same meaning as defined in Section 1798.140 of the Civil Code.
8095
8196 (h) Personal provenance data means provenance data that contains either of the following:
8297
8398 (1) Personal information.
8499
85100 (2) Unique device, system, or service information that is reasonably capable of being associated with a particular user.
86101
87102 (i) 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.
88103
89104 (j) 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:
90105
91106 (1) Information regarding the type of device, system, or service that was used to generate a piece of digital content.
92107
93108 (2) Information related to content authenticity.
94109
95110 22757.2. (a) A covered provider shall make available an AI detection tool at no cost to the user that meets all of the following criteria:(1) The tool allows a user to assess whether image, video, or audio content, or content that is any combination thereof, was created or altered by the covered providers GenAI system.(2) The tool outputs any system provenance data that is detected in the content.(3) The tool does not output any personal provenance data that is detected in the content.(4) (A) Subject to subparagraph (B), the tool is publicly accessible.(B) A covered provider may impose reasonable limitations on access to the tool to prevent, or respond to, demonstrable risks to the security or integrity of its GenAI system.(5) The tool allows a user to upload content or provide a uniform resource locator (URL) linking to online content.(6) The tool supports an application programming interface that allows a user to invoke the tool without visiting the covered providers internet website.(b) A covered provider shall collect user feedback related to the efficacy of the covered providers AI detection tool and incorporate relevant feedback into any attempt to improve the efficacy of the tool.(c) A covered provider shall not do any of the following:(1) (A) Except as provided in subparagraph (B), collect or retain personal information from users of the covered providers AI detection tool.(B) (i) A covered provider may collect and retain the contact information of a user who submits feedback pursuant to 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.(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.
96111
97112
98113
99114 22757.2. (a) A covered provider shall make available an AI detection tool at no cost to the user that meets all of the following criteria:
100115
101116 (1) The tool allows a user to assess whether image, video, or audio content, or content that is any combination thereof, was created or altered by the covered providers GenAI system.
102117
103118 (2) The tool outputs any system provenance data that is detected in the content.
104119
105120 (3) The tool does not output any personal provenance data that is detected in the content.
106121
107122 (4) (A) Subject to subparagraph (B), the tool is publicly accessible.
108123
109124 (B) A covered provider may impose reasonable limitations on access to the tool to prevent, or respond to, demonstrable risks to the security or integrity of its GenAI system.
110125
111126 (5) The tool allows a user to upload content or provide a uniform resource locator (URL) linking to online content.
112127
113128 (6) The tool supports an application programming interface that allows a user to invoke the tool without visiting the covered providers internet website.
114129
115130 (b) A covered provider shall collect user feedback related to the efficacy of the covered providers AI detection tool and incorporate relevant feedback into any attempt to improve the efficacy of the tool.
116131
117132 (c) A covered provider shall not do any of the following:
118133
119134 (1) (A) Except as provided in subparagraph (B), collect or retain personal information from users of the covered providers AI detection tool.
120135
121136 (B) (i) A covered provider may collect and retain the contact information of a user who submits feedback pursuant to subdivision (b) if the user opts in to being contacted by the covered provider.
122137
123138 (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.
124139
125140 (2) Retain any content submitted to the AI detection tool for longer than is necessary to comply with this section.
126141
127142 (3) Retain any personal provenance data from content submitted to the AI detection tool by a user.
128143
129144 22757.3. (a) A covered provider shall offer the user the option to include a manifest disclosure in image, video, or audio content, or content that is any combination thereof, created or altered by the covered providers GenAI system that meets all of the following criteria:(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.(3) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.(b) A covered provider shall include a latent disclosure in AI-generated image, video, or audio content, or content that is any combination thereof, created by the covered providers GenAI system that meets all of the following criteria:(1) To the extent that it is technically feasible and reasonable, 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) 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 96 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).
130145
131146
132147
133148 22757.3. (a) A covered provider shall offer the user the option to include a manifest disclosure in image, video, or audio content, or content that is any combination thereof, created or altered by the covered providers GenAI system that meets all of the following criteria:
134149
135150 (1) The disclosure identifies content as AI-generated content.
136151
137152 (2) The disclosure is clear, conspicuous, appropriate for the medium of the content, and understandable to a reasonable person.
138153
139154 (3) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.
140155
141156 (b) A covered provider shall include a latent disclosure in AI-generated image, video, or audio content, or content that is any combination thereof, created by the covered providers GenAI system that meets all of the following criteria:
142157
143158 (1) To the extent that it is technically feasible and reasonable, the disclosure conveys all of the following information, either directly or through a link to a permanent internet website:
144159
145160 (A) The name of the covered provider.
146161
147162 (B) The name and version number of the GenAI system that created or altered the content.
148163
149164 (C) The time and date of the contents creation or alteration.
150165
151166 (D) A unique identifier.
152167
153168 (2) The disclosure is detectable by the covered providers AI detection tool.
154169
155170 (3) The disclosure is consistent with widely accepted industry standards.
156171
157172 (4) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.
158173
159174 (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.
160175
161176 (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 96 hours of discovering the licensees action.
162177
163178 (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).
164179
165180 22757.4. (a) (1) 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 by the Attorney General, a city attorney, or a county counsel.(2) A prevailing plaintiff in an action brought pursuant to this subdivision shall be entitled to all reasonable attorneys costs and fees.(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 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.
166181
167182
168183
169184 22757.4. (a) (1) 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 by the Attorney General, a city attorney, or a county counsel.
170185
171186 (2) A prevailing plaintiff in an action brought pursuant to this subdivision shall be entitled to all reasonable attorneys costs and fees.
172187
173188 (b) Each day that a covered provider is in violation of this chapter shall be deemed a discrete violation.
174189
175190 (c) For a violation by a third-party licensee of paragraph (3) of subdivision (c) of Section 22757.3, the Attorney General, a county counsel, or a city attorney may bring a civil action for both of the following:
176191
177192 (1) Injunctive relief.
178193
179194 (2) Reasonable attorneys fees and costs.
180195
181196 22757.5. This chapter does not apply to any product, service, internet website, or application that provides exclusively non-user-generated video game, television, streaming, movie, or interactive experiences.
182197
183198
184199
185200 22757.5. This chapter does not apply to any product, service, internet website, or application that provides exclusively non-user-generated video game, television, streaming, movie, or interactive experiences.
186201
187202 22757.6. This chapter shall become operative on January 1, 2026.
188203
189204
190205
191206 22757.6. This chapter shall become operative on January 1, 2026.