Existing law generally provides for the regulation of law enforcement agencies, including, among other things, requiring each local law enforcement agency to conspicuously post on their internet websites all current standards, policies, practices, operating procedures, and education and training materials that would otherwise be available to the public under specified circumstances. This bill would require each law enforcement agency to maintain a policy to require an official report prepared by a law enforcement officer or any member of a law enforcement agency that is generated using artificial intelligence either fully or partially to include specified information, including a disclosure statement and the signature of the law enforcement officer or member of a law enforcement agency who prepared the official report, as specified. If an officer or any member of an agency uses artificial intelligence to create an official report, the bill would require the first draft created to be retained for as long as the official report is retained. The bill would, except for the official report, prohibit a draft of any report created with the use of artificial intelligence from constituting an officer's statement. The bill would require an agency utilizing artificial intelligence to generate a first draft or official report to maintain an audit trail that identifies, at a minimum, certain things, including the person who used artificial intelligence to create a report. The bill would prohibit a contracted vendor from sharing, selling, or otherwise using information provided by a law enforcement agency to be processed by artificial intelligence, except as provided. The bill would define terms for purposes of these provisions. By requiring local law enforcement agencies to adopt a new policy, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides that everyone is responsible not only for the result of their willful acts, but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person. Existing law requires the developer of a generative artificial intelligence system or service that is released on or after January 1, 2022, and made publicly available to Californians for use, to post on the developer's internet website documentation regarding the data used by the developer to train the generative artificial intelligence system or service. Existing law defines "artificial intelligence" for these purposes. This bill would prohibit a defendant who developed, modified, or used artificial intelligence, as defined, from asserting a defense that the artificial intelligence autonomously caused the harm to the plaintiff.
Existing law requires a social media platform to take various steps to prevent cyberbullying of minors on the platform, including by requiring the platform to establish a prominent mechanism within its internet-based service that allows any individual, whether or not that individual has a profile on the internet-based service, to report cyberbullying or any content that violates the existing terms of service related to cyberbullying. Existing law authorizes the State Department of Public Health to establish the Office of Suicide Prevention in the department, as prescribed. This bill would, among other things related to making a companion chatbot platform safer for users, if a reasonable person interacting with a companion chatbot would be misled to believe that the person is interacting with a human, require an operator of a companion chatbot platform to issue a clear and conspicuous notification indicating that the companion chatbot is artificially generated and not human. The bill would also require an operator to take certain actions with respect to a user the operator knows is a minor, including disclose to the user that the user is interacting with artificial intelligence. The bill would also require an operator to prevent a companion chatbot on its companion chatbot platform from engaging with users unless the operator maintains a protocol for preventing the production of suicidal ideation, suicide, or self-harm content to the user, as specified, and would require an operator to publish details on that protocol on the operator's internet website. This bill would, beginning July 1, 2027, require an operator to annually report to the Office of Suicide Prevention certain things, including protocols put in place to detect, remove, and respond to instances of suicidal ideation by users, and would require the office to post data from that report on its internet website. The bill would authorize a person who suffers injury in fact as a result of noncompliance with the bill to bring a certain civil action.
Existing law grants to a depicted individual a cause of action against a person who creates and intentionally discloses sexually explicit material if the person knows, or reasonably should have known, that the depicted individual in that material did not consent to its creation or disclosure or who intentionally discloses sexually explicit material that the person did not create if the person knows the depicted individual in that material did not consent to the creation of the sexually explicit material. Existing law defines "sexually explicit material" for purposes of that provision to mean any portion of an audiovisual work that shows the depicted individual performing in the nude or appearing to engage in, or being subjected to, sexual conduct and defines "depicted individual" to mean an individual who appears, as a result of digitization, to be giving a performance the individual did not actually perform or to be performing in an altered depiction. Existing law authorizes a plaintiff to recover, among other relief, statutory damages of not less than $1,500 but not more than $30,000, or $150,000 for a malicious violation, as prescribed. This bill would revise and recast the provision described above to additionally grant to a depicted individual a cause of action against a person who knows, or reasonably should know, that the depicted individual was a minor when the digitized sexually explicit material was created and would additionally grant a cause of action to that depicted individual against a person who knowingly facilitates or recklessly aids or abets conduct prohibited by that provision. The bill would define "digitized sexually explicit material" to mean any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct. This bill would make a person that provides a service that enables the ongoing operation of a deepfake pornography service presumed to be engaged in knowing facilitation or reckless aiding or abetting, as described above, if a depicted individual or public prosecutor provides the person with evidence sufficient to demonstrate that the person is providing services that enable the ongoing operation of a deepfake pornography service that engages in conduct described in the provisions described above, and the person fails to take all necessary steps to stop providing services that enable the ongoing operation of a deepfake pornography service within 30 days of receiving that evidence, as specified. This bill would increase the maximum statutory damages available to a depicted individual to $50,000 if the violation was not malicious and $250,000 for a malicious violation and would authorize certain public attorneys to bring a civil action to enforce these provisions, as specified.
The California AI Transparency Act requires 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 to make available an AI detection tool at no cost to the user that, among other things, allows a user to assess whether image, video, or audio content, or content that is a combination thereof, was created or altered by that person's generative artificial intelligence system and outputs any system provenance data that is detected in the content. Existing law makes the California AI Transparency Act operative on January 1, 2026. This bill would delay the operation of the California AI Transparency Act until August 2, 2026. This bill would, beginning January 1, 2027, additionally require a large online platform, as defined, to, among other things related to the provenance of content on the platform, detect whether any provenance data that is compliant with widely adopted specifications adopted by an established standards-setting body is embedded into or attached to content distributed on the large online platform. The bill would also require, beginning January 1, 2028, a capture device manufacturer, with respect to any capture device the capture device manufacturer first produced for sale in the state on or after January 1, 2028, to, among other things, provide a user with the option to include a latent disclosure in content captured by the capture device that conveys certain information, including the name of the capture device manufacturer. The bill would define "capture device" to mean a device that can record photographs, audio, or video content, including, but not limited to, video and still photography cameras, mobile phones with built-in cameras or microphones, and voice recorders. Existing law requires a covered provider to include a latent disclosure in AI-generated image, video, or audio content, or content that is any combination thereof, created by the covered provider's GenAI system that, among other things, conveys certain information and is permanent or extraordinarily difficult to remove, to the extent it is technically feasible. This bill would, beginning January 1, 2027, prohibit a GenAI system hosting platform, as defined, from knowingly making available a GenAI system that does not place disclosures, pursuant to those provisions. This bill would declare that its provisions are severable.
Existing law requires the Office of Emergency Services to establish and lead the California Cybersecurity Integration Center. Existing law states that the center's mission is to reduce the likelihood and severity of cyber incidents that could damage California's economy, its critical infrastructure, or public and private sector computer networks in the state. Existing law requires the center to serve as the central organizing hub of state government's cybersecurity activities and coordinate information sharing with specified entities, including local, state, and federal agencies. This bill would require the California Cybersecurity Integration Center to develop, on or before January 1, 2027, in consultation with the Office of Information Security and the Government Operations Agency, a California AI Cybersecurity Collaboration Playbook, as specified, to facilitate information sharing across the cyber and artificial intelligence communities and to strengthen collective cyber defenses against emerging threats. The bill would require the center to review federal requirements, standards, and industry best practices, as specified, and to use those resources to inform the development of the California AI Cybersecurity Collaboration Playbook. Except as specified, the bill would provide that any information related to cyber threat indicators or defensive measures for a cybersecurity purpose shared in accordance with the California AI Cybersecurity Collaboration Playbook is confidential and would prohibit that information from being disclosed, except as specified. The bill would also make findings and declarations related to its provisions. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
The California AI Transparency Act requires 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 to make available an AI detection tool at no cost to the user that, among other things, 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 provider's generative artificial intelligence system. The California Consumer Privacy Act of 2018 prohibits certain businesses from selling or sharing the personal information of consumers if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, if the consumer is at least 13 years of age and less than 16 years of age, or the consumer's parent or guardian, if the consumer is less than 13 years of age, has affirmatively authorized the sale or sharing of the consumer's personal information. This bill, the Leading Ethical AI Development (LEAD) for Kids Act, would, among other things related to the use of certain artificial intelligence systems by children, prohibit a person, partnership, corporation, business entity, or state or local government agency that makes a companion chatbot available to users from making a companion chatbot available to a child unless the companion chatbot is not foreseeably capable of doing certain things that could harm a child, including encouraging the child to engage in self-harm, suicidal ideation, violence, consumption of drugs or alcohol, or disordered eating. The act would authorize the Attorney General to recover a certain civil penalty for a violation of the bill, as prescribed. The act would authorize a child who suffers actual harm as a result of a violation of the bill, or a parent or guardian acting on behalf of that child, to bring a civil action to recover, among other relief, actual damages. This bill would provide that its provisions are severable.
