Bill Text: CA SB942 | 2023-2024 | Regular Session | Amended
Bill Title: California AI Transparency Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-05-22 - In Assembly. Read first time. Held at Desk. [SB942 Detail]
Download: California-2023-SB942-Amended.html
|
Amended
IN
Senate
May 16, 2024 |
|
Amended
IN
Senate
March 20, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 942
| Introduced by Senator Becker |
January 17, 2024 |
An act to add Chapter 25 (commencing with Section 22757) to Division 8 of the Business and Professions Code, relating to consumer protection.
LEGISLATIVE COUNSEL'S DIGEST
SB 942, as amended, Becker.
California AI Transparency Act.
Existing law requires the Secretary of Government Operations to develop a coordinated plan to, among other things, investigate the feasibility of, and obstacles to, developing standards and technologies for state departments to determine digital content provenance. For the purpose of informing that coordinated plan, existing law requires the secretary to evaluate, among other things, the impact of the proliferation of deepfakes, defined to mean audio or visual content that has been generated or manipulated by artificial intelligence that would falsely appear to be authentic or truthful and that features depictions of people appearing to say or do things they did not say or do without their consent, on state government, California-based businesses, and residents of the state.
This bill, the California AI Transparency Act, would, among other
things, require a covered provider, as defined, to create an AI detection tool by which a person can query the covered provider as to the extent to which text, image, video, audio, or multimedia content was created, in whole or in part, by a generative AI system, as defined, provided by the covered provider that meets certain criteria, including that the AI detection tool is publicly accessible and available via a uniform resource locator (URL) on the covered provider’s internet website and through its mobile application, as applicable. The act bill would also require a covered provider to include in AI-generated image, text, video, or multimedia content created by a generative AI system it provides a visible disclosure that, among other things, includes a clear and conspicuous notice, as appropriate for the medium of
the content, that identifies the content as generated by AI, such that the disclosure is not avoidable, is understandable to a reasonable person, and is not contradicted, mitigated by, or inconsistent with anything else in the communication.
The act would create the Generative AI Registry Fund and would require moneys in the fund to be made available, only upon appropriation by the Legislature, to the Department of Technology for the purposes of the act.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 25 (commencing with Section 22757) is added to Division 8 of the Business and Professions Code, to read:CHAPTER 25. AI Transparency Act
22757.
This chapter shall be known as the California AI Transparency Act.22757.1.
As used in this chapter:(a) “AI detection tool” means the tool required by Section 22757.2.
(b) “Artificial intelligence” or “AI” means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments by using machine-based inputs and human-based inputs to perceive real and virtual environments, abstract its perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.
(c) “AI-generated content” means any form of digital content that is created with deep learning or machine learning processes.
(d) “Business” has the same meaning as defined in Section 1798.140 of the Civil Code.
(e) “Covered provider” is a business that provides a generative AI system that has, on average over the preceding 12 months, over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state.
(f) “Department” means the Department of Technology.
(g) “Generative AI system” refers to deep learning models that can generate text, images, and other content based on the data they were trained on.
(h) “Metadata” means structural or descriptive information about data, including content, format, source, rights, accuracy,
provenance, frequency, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions.
(i) “Model” means a component of an information system that implements artificial intelligence technology and uses computational, statistical, or machine learning techniques to produce outputs from a given set of inputs.
(j) “Person” means a natural person located within the geographic boundaries of the state.
(k) “Personal information” has the same meaning as defined in Section 1798.140 of the Civil Code.
(l)“Registry” means the Generative AI Registry created by the department pursuant to Section 22757.4.
22757.2.
(a) A covered provider shall create an AI detection tool by which a person can query the covered provider as to the extent to which text, image, video, audio, or multimedia content was created, in whole or in part, by a generative AI system provided by the covered provider that meets all of the following criteria:(1) The AI detection tool shall be publicly accessible and available via a uniform resource locator (URL) on the covered provider’s internet website and through its mobile application, as applicable.
(2) The AI detection tool shall allow a person to upload content or a URL.
(3) The AI detection tool shall support an application programming interface that allows a person to invoke the AI detection tool without visiting the covered provider’s internet website.
(4) The AI detection tool shall allow a person to provide feedback if the person believes the AI detection tool is not properly identifying content that was created by the covered provider.
(b) In complying with this section, a covered provider shall not do any of the following:
(1) Reveal personal information that identifies who utilized the covered provider’s generative AI system to create AI-generated content that was submitted to the covered provider’s AI detection tool.
(2) (A) Subject to subparagraph (B), collect and retain personal information when a person utilizes the covered provider’s AI detection tool.
(B) A covered provider may collect and retain the contact information of a person who submitted feedback pursuant to paragraph (4) of subdivision (a).
(3) Retain any content submitted to the AI detection tool for longer than is necessary to comply with this section.
22757.3.
(a) A covered provider shall include in AI-generated image, text, video, or multimedia content created by a generative AI system it provides a visible disclosure that meets all of the following criteria:(1) The disclosure shall include a clear and conspicuous notice, as appropriate for the medium of the content, that identifies the content as generated by AI, such that the disclosure is not avoidable, is understandable to a reasonable person, and is not contradicted, mitigated by, or inconsistent with anything else in the communication.
(2) The disclosure shall, to the extent technically feasible, be permanent
or difficult to remove.
(3) The output’s metadata information shall include an identification of the content as being generated by AI, the identity of the tool used to create the content, and the date and time the content was created.
(b) A covered provider shall include in AI-generated image, audio, video, or multimedia content created by a generative AI system an imperceptible disclosure that is machine detectable and is, to the extent technically feasible, permanent or difficult to remove.
(c) A covered provider shall implement reasonable procedures to prevent downstream use of a generative AI system it provides without the disclosure required by this section, including by doing both of the following:
(1) Requiring by contract that third-party licensees of the generative AI system refrain from removing a required disclosure.
(2) Terminating access to the generative AI system when the covered provider has reason to believe that a third-party licensee has removed a required disclosure.
(d) At least once every two years, the department shall review this section and make recommendations to the Legislature regarding any amendments needed to account for changing technology and standards.
(a)A covered provider shall register with the department and provide to the department a URL to any AI detection tool it has created.
(b)(1)The department shall create and display on its internet website the Generative AI Registry.
(2)The registry shall display both of the following:
(A)The name of any covered provider registered with the department.
(B)A link to the covered provider’s AI detection tool.
(c)(1)The department may
adopt regulations necessary to perform its duties under this section.
(2)The department may charge a registration fee, which shall be deposited into the Generative AI Registry Fund, to a covered provider, but only to the extent that the registration fee is necessary to cover the costs of administering the registry.
(a)There is hereby created in the State Treasury the Generative AI Registry Fund.
(b)Moneys in the fund shall be made available, only upon appropriation by the Legislature, to the department for the purposes of this chapter.
22757.6. 22757.4.
(a) A covered provider that violates this chapter shall be liable for a civil penalty in the amount of five thousand dollars ($5,000) per violation to be collected in a civil action filed only by the Attorney General.(b) Each day that a covered provider is in violation of this chapter shall be deemed a discrete violation.
