Technology

Existing law creates a civil cause of action against any person who knowingly uses the name, voice, signature, photograph, or likeness of another person, without their consent, for specified purposes. When a photograph or likeness of an employee of the person using the photograph or likeness appearing in an advertisement or other publication is incidental and not essential to the purpose of the publication, existing law establishes a rebuttable presumption affecting the burden of producing evidence that failure to obtain the consent of an employee was not a knowing use of an employee's photograph or likeness. This bill would clarify that, for purposes of this cause of action, a voice or likeness includes a digital replica, defined to mean a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered. The bill would also remove the provisions establishing the rebuttable presumption when an employee's likeness or photograph appears in an advertisement or other publication. Existing law prohibits the false impersonation of another person in either their personal or official capacity with the intent to steal or defraud, as specified. This bill would clarify that false impersonation includes the use of a digital replica with the intent to impersonate another for purposes of these and other criminal provisions.

Existing law, the California Emergency Services Act, establishes the Office of Emergency Services (OES) within the office of the Governor, and sets forth its powers and duties, including responsibility for addressing natural, technological, or manmade disasters and emergencies, including activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. Existing law requires OES, in coordination with all interested state agencies with designated response roles in the state emergency plan and interested local emergency management agencies, to jointly establish by regulation a standardized emergency management system for use by all emergency response agencies, as specified. The act requires each local agency, in order to be eligible for any funding of response-related costs under disaster assistance programs, to use the standardized emergency management system to coordinate multiple-jurisdiction or multiple-agency operations, except that a local agency is eligible for repair, renovation, or any other nonpersonnel costs resulting from an emergency. This bill would require OES, on or before July 1, 2027, in consultation with certain entities, to develop an implementation plan for entering into a statewide master contract for a public alert and early warning software that is capable of supporting interoperable public safety alerting across state, regional, and local governmental entities. The bill would require the implementation plan, among other requirements, to include a draft request for proposal under which the public alert and early warning software, among other things, is interoperable across state, regional, and local governmental entities. The bill would require the office, upon completion of the implementation plan, to send the plan to the Assembly Committee on Emergency Management and the Senate Committee on Emergency Management. The bill would make the implementation of the plan to enter into a statewide master contract for the creation of a public alert and early warning software subject to approval by the Legislature. If the public alert and early warning software is implemented, the bill would require a city or county that issues public safety alerts to utilize the public alert and early warning software. The bill would specify, among other things, that it is the primary responsibility of the public emergency warning system operator in each city or county to send out emergency alerts to their residents. The bill would repeal its provisions on January 1, 2030. The bill would include findings and declarations relating to its provisions. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Existing law requires the State Department of Public Health to establish an advisory committee to advise the Legislature and the Governor on human cloning and other issues relating to human biotechnology. Existing law requires the California State University, and requests the University of California, to develop systemwide guidance for purchasing gene synthesis equipment or gene synthesis products from gene synthesis providers who prevent the misuse of synthetic genes and safeguard the benefits of gene synthesis technology while minimizing risk, as specified. This bill would prohibit a manufacturer of benchtop nucleic acid synthesis equipment, as defined, from producing equipment in this state or selling or delivering that equipment to a customer in this state unless the manufacturer adheres to the Framework for Nucleic Acid Synthesis Screening issued by the Fast Track Action Committee on Synthetic Nucleic Acid Procurement Screening of the National Science and Technology Council, as revised in September 2024, with respect to that equipment, attests that they comply with the framework with respect to that equipment, and posts that attestation on a public internet website, and would prohibit a provider of specified synthetic nucleic acids from producing those nucleic acids in this state or selling or delivering those nucleic acids to a customer in this state unless the provider adheres to the framework described above with respect to those nucleic acids, attests to complying with the framework with respect to those nucleic acids, and posts that attestation on a public internet website. The bill would make a violation of the prohibitions described above subject to a civil penalty in an amount dependent on the severity of the violation that does not exceed $5,000 per day that the violation continues. The bill would make related findings and declarations. This bill would provide that the provisions of this bill are severable.

Existing law, known as the Cartwright Act, defines a "trust" as a combination of capital, skill, or acts by 2 or more persons for certain prohibited purposes, including, among others, creating or carrying out restrictions in trade or commerce, preventing competition in specified activities, including sale or purchase of merchandise or commodities, or entering into certain exclusive dealing agreements that substantially lessen competition or tend to create a monopoly. Existing law authorizes the Attorney General, a district attorney, a specified city attorney, or a person who is injured in their business or property to bring an action for civil or criminal penalties for a violation of those provisions. This bill would prohibit a covered provider, as defined, from preferencing its own products, services, or lines of business over those of another business user, including manipulating the order of search results or rankings to favor the products or services of the covered provider. The bill would prohibit a covered provider from restricting interoperability or data portability, as specified, including restricting a business user or consumer from obtaining a copy of their data in a useful and portable format. This bill would declare that its remedies and penalties are cumulative and enforceable in addition to other specified remedies, and would provide an affirmative defense for certain conduct. The bill would exempt from these provisions displays of objective content, including mathematical calculations and standard unit conversions, under certain conditions. The bill would specify that its provisions are enforceable by the same means, penalties, damages, and fees as under the Cartwright Act, thereby expanding the scope of existing crimes. The bill would declare its provisions severable. 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 no reimbursement is required by this act for a specified reason.

Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, advise and recommend to the State Board of Education the policies and activities that are needed to implement the state's academic content standards. Existing law requires the commission, on or before July 31, 2019, to consider developing and recommending to the state board computer science content standards for kindergarten and grades 1 to 12, inclusive, pursuant to recommendations developed by a group of computer science experts, as specified. This bill would require the commission, when the computer science content standards are next revised after January 1, 2027, to consider incorporating cybersecurity skills, as defined, into those standards.

Existing law, the Digital Age Assurance Act, requires, beginning January 1, 2027, an operating system provider to provide an accessible interface at account setup that requires an accountholder to indicate the birth date, age, or both, of the user of that device for the purpose of providing a signal regarding the user's age bracket to applications available in a covered application store, among other things related to providing a uniform system for obtaining age information about a user of certain software applications. Existing law defines "user" for these purposes to mean a child that is the primary user of the device. This bill would establish the e-Safety Commission, as specified, and would require the commission to develop minimum age compliance guidelines for covered entities, as defined, review age assurance technologies used to implement the minimum age verification, and establish procedures for noncompliance investigations. The bill would require, on or before January 1 of each year, the commission to report to the Legislature and the Governor on its activities pursuant to the bill, as specified.

The Unruh Civil Rights Act requires persons within the jurisdiction of the state to be free and equal and, regardless of the person's sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, to be entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, as prescribed, and makes a violation of the federal Americans with Disabilities Act of 1990 (ADA) a violation of the act. Existing law imposes liability upon a person who denies, aids, or incites a denial of, or makes any discrimination or distinction contrary to, rights afforded by law for actual damages suffered, exemplary damages, a civil penalty, and attorney's fees, as specified, to any person who was denied the specified rights. Existing law also imposes liability upon a person, firm, or corporation that denies or interferes with admittance to, or enjoyment of, public facilities or otherwise interferes with the rights of an individual with a disability, as specified, for damages and attorney's fees to a person who was denied those rights. This bill would grant to an entity an affirmative defense to a claim seeking statutory damages under the provisions described above on the basis of a specific accessibility barrier on the entity's internet website, as defined, if the entity provided evidence to the plaintiff demonstrating within 30 days of receiving a written prelawsuit demand from the plaintiff that either (1) the entity published a digital accessibility report on the accessibility page of its internet website disclosing the specific access barrier and updated that report to reflect remediation of the access barrier or (2) that various things were true regarding the entity's efforts to identify and remediate access barriers on its internet website, including the entity had a reasonable and good faith basis to believe that the internet website was accessible and conformed with the internet website accessibility standard, as specified. This bill would also prohibit a resource service provider from, in exchange for money or any other form of remuneration, negligently, recklessly, or knowingly constructing, licensing, distributing, or maintaining for online use a resource or part of an internet website that causes an entity's internet website to be inaccessible or not conformant with the internet website accessibility standard if the resource or part of the internet website is within the control of the resource service provider to remediate or from making a false representation that a resource or part of an internet website is accessible or conforms to the internet website accessibility standard. The bill would authorize a small business entity, as defined, and certain public attorneys, including the Attorney General, to bring a civil action to enforce that provision, as specified.

The Insurance Rate Reduction and Reform Act of 1988, an initiative measure enacted by Proposition 103, as approved by the voters at the November 8, 1988, statewide general election, prohibits specified insurance rates from being approved or remaining in effect that are excessive, inadequate, unfairly discriminatory, or otherwise in violation of the act. Under the act, rates and premiums for automobile insurance are determined based on specified factors, including the insured's driving safety record. Existing law authorizes the provisions of Proposition 103 to be amended by a statute that furthers the purposes of the act and is enacted by the Legislature with a 23 vote. This bill, the Consumer Driving Data Protection Act of 2026, would authorize a consumer to opt to use telematics to establish their driving record, thus amending Proposition 103. The bill would prohibit the use of telematics data for a purpose other than rating private passenger automobile insurance. The bill would require a rate application under which telematics would be used to establish an insured's driving record to include specified materials related to the insurer's telematics program. This bill would prohibit an insurer that uses telematics from taking specified actions, including conditioning eligibility for a discount upon participation in a telematics program, unless the discount is approved by the commissioner. The bill would also set forth consent and privacy requirements for the collection and use of telematics data. The bill would authorize the commissioner to impose specified penalties for violations of the bill's provisions, including civil penalties and suspension of an insurer's telematics program. The bill would declare that its provisions further the purposes of Proposition 103.

Existing law generally regulates obscene content on internet websites, including requiring a social media platform to provide a means for a user who is a California resident to report material to the social media platform that the user reasonably believes is child sexual abuse material and prohibiting an operator of an internet website directed to minors from advertising obscene matter to minors. Under existing law, a person who distributes an image of an intimate body part or act of sexual intercourse of an identifiable person, under specified circumstances that include an agreement or understanding that the image would remain private, is guilty of a crime. This bill would require an operator of a pornographic internet website, among other things, to exercise ordinary care and reasonable diligence to ensure that each instance of sexually explicit content displayed on the operator's pornographic internet website does not include a depicted individual. The bill would define terms, including "depicted individual" for its purposes. This bill would also require an operator to exercise ordinary care and take reasonable steps to ensure that each instance of sexually explicit content uploaded to the operator's pornographic internet website does not include a depicted individual. The bill would require a user of a pornographic internet website, before uploading sexually explicit content, to submit specific information to the operator, including a statement certifying, under penalty of perjury, that each individual depicted in the sexually explicit content meets certain criteria. Under the bill, knowingly providing false information in the user statement would be punishable as an infraction with a specified fine. By expanding the crime of perjury and creating a new crime, this bill would impose a state-mandated local program. This bill would authorize a depicted individual and a public prosecutor to bring a civil action to enforce these provisions, as prescribed. This bill would exclude sexually explicit content transmitted on an online dating service through a private messaging or direct-communication feature from its provisions, as specified. 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 no reimbursement is required by this act for a specified reason.

Existing law vests the Public Utilities Commission with regulatory jurisdiction over public utilities, including electrical corporations and gas corporations, while local publicly owned electric utilities are under the direction of their governing boards. Existing law requires every public utility to furnish and maintain adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities, as are necessary to promote the safety, health, comfort, and convenience of its customers, its employees, and the public. This bill would require the commission, on or before January 1, 2028, to adopt standards for an electrical or gas corporation's use of artificial intelligence models, as provided. The bill would require the commission to direct an electrical or gas corporation to file a plan that demonstrates the corporation's compliance with those standards. The bill would authorize the commission to prohibit an electrical or gas corporation's use of an artificial intelligence model if the commission finds that deployment of the artificial intelligence model would negatively impact the provision of safe, affordable, and reliable electrical or gas service. The bill would require each community choice aggregator and local publicly owned electric utility to adopt a policy regarding its use of an artificial intelligence model that is consistent with the standards. Under existing law, a violation of an order, decision, rule, direction, demand, or requirement of the commission is a crime. Because a violation of a commission action implementing those requirements would be a crime, this bill would impose a state-mandated local program. Additionally, by imposing new duties on local publicly owned electric utilities, the 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 no reimbursement is required by this act for specified reasons.