Bill Text: CA SB1216 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Secretary of Government Operations: deepfakes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2022-09-30 - Chaptered by Secretary of State. Chapter 885, Statutes of 2022. [SB1216 Detail]
Download: California-2021-SB1216-Amended.html
Bill Title: Secretary of Government Operations: deepfakes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2022-09-30 - Chaptered by Secretary of State. Chapter 885, Statutes of 2022. [SB1216 Detail]
Download: California-2021-SB1216-Amended.html
|
Amended
IN
Assembly
June 15, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1216
| Introduced by Senator Gonzalez (Coauthor: Assembly Member Berman) |
February 17, 2022 |
An act to add and repeal Section 11547.5 of the Government Code, relating to technology.
LEGISLATIVE COUNSEL'S DIGEST
SB 1216, as amended, Gonzalez.
Secretary of the Government Operations Agency: working group: deepfakes.
Existing law specifies that there is, in the Government Operations Agency, the Department of General Services, which shall develop and enforce policy and procedures and institute or cause the institution of those investigations and proceedings as it deems proper to assure effective operation of all functions performed by the department and to conserve the rights and interests of the state.
Existing law also provides it is unlawful for a person doing business in California and advertising to consumers in California to make any false or misleading advertising claim. Existing law prohibits a person from registering, trafficking in, or using in bad faith a domain or subdomain name that is identical or confusingly similar to another domain or subdomain name, because of, among other things, misspelling of the domain or subdomain name, as
specified.
This bill, until January 1, 2025, would require the Secretary of the Government Operations Agency to establish and appoint, upon appropriation by the Legislature, the Deepfake Working Group to evaluate, among other things, the impact the proliferation of deepfakes has, as defined, has and the risks, including privacy risks, associated with the deployment of digital content forgery technologies and deepfakes on government, businesses, and residents of the state. The bill would require the working group to develop a coordinated plan to investigate and develop mechanisms to reduce and identify digital content forgeries and deepfakes, as provided. The bill, on or before July 1, 2024, would require the working group to report to the Legislature on the potential uses and
risks of deepfake technology to the state and businesses, as specified.
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.
Section 11547.5 is added to the Government Code, to read:11547.5.
(a) For the purpose of this section, the following definitions shall apply:(1) “Deepfake” means audio or visual content that has been generated or manipulated by artificial intelligence which would falsely appear to be authentic or truthful and which features depictions of people appearing to say or do things they did not say or do without their consent.
(1)
(2) “Digital content provenance” means the verifiable chronology of the original piece of digital content, such as an image, video, audio recording, or electronic document.
(2)
(3) “Digital content forgery” means the use of technologies, including artificial intelligence and machine learning techniques, to fabricate or manipulate audio, visual, or text content with the intent to mislead.
(3)
(4) “Working group” means the Deepfake Working Group.
(b) Upon appropriation by the Legislature, the Secretary of the Government Operations Agency shall establish the Deepfake Working Group to evaluate all of the following:
(1) The impact of the proliferation of deepfakes on state government, California-based businesses, and residents of the state.
(2) The risks, including privacy risks, associated with the deployment of digital content forgery technologies and deepfakes on state and local government, California-based businesses, and residents of the state.
(3) Potential privacy impacts of technologies allowing public verification of digital content provenance.
(3)
(4) The impact of digital content forgery technologies and deepfakes on civic engagement, including voters.
(4)
(5) The legal implications associated with the use of digital content forgery technologies and deepfakes. technologies, deepfakes, and technologies allowing public verification of digital content provenance.
(5)
(6) The best practices for preventing digital content forgery and deepfake technology to benefit the state, California-based businesses, and California residents.
(c) (1) The working group shall consist of participants from all of the following:
(A) Three appointees from the technology industry, with technical focus that includes digital content, media manipulation, or related subjects.
(B) Three appointees from nontechnology-related industries.
(C) Three appointees with a background in law chosen in consultation with the Judicial Council.
(D) Two appointees representing privacy organizations.
(E) Two appointees representing consumer organizations.
(F) The State Chief Information
Officer, or the officer’s designee.
(G) The Director of Finance, or the director’s designee.
(H) The chief information officers of three other state agencies, departments, or commissions, or their designees.
(I) One member of the Senate, appointed by the Senate Committee on Rules.
(J) One member of the Assembly, appointed by the Speaker of the Assembly.
(2) The Secretary of the Government Operations Agency shall designate the chairperson of the working group on or before July 1, 2023.
(3) The members of the working group shall
serve without compensation, but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties.
(d) The working group shall take input from a broad range of stakeholders with a diverse range of interests affected by state policies governing emerging technologies, privacy, business, the courts, the legal community, and state government.
(e) The Deepfake Working Group shall develop a coordinated plan to accomplish all of the following:
(1) Reduce the proliferation and impact of digital content forgeries and deepfakes, including by exploring whether and how the adoption of a digital content
provenance standard could assist with reducing the proliferation of digital content forgeries and deepfakes.
(2) Investigate the feasibility of, and obstacles to, developing standards and technologies for state departments for determining digital content provenance.
(3) Increase the ability of internet companies, journalists, watchdog organizations, other relevant entities, and members of the public to meaningfully scrutinize and identify digital content forgeries and relay trust and information about digital content provenance to content consumers.
(4) Develop or identify mechanisms for content creators to cryptographically certify authenticity of original media and nondeceptive manipulations.
(5) Develop or identify mechanisms for content creators to enable the public to validate the authenticity of original media and non-deceptive manipulations to establish digital content provenance. provenance without materially compromising personal privacy or civil liberties.
(f) On or before July 1, 2024, the working group shall report to the Legislature on the potential uses and risks of deepfake technology to the state government and California-based businesses.
(1) The working group’s report shall include recommendations for modifications to the definition definitions of digital content forgery and deepfakes and recommendations for amendments to other code sections that may be impacted by the deployment of appropriate or necessary legislation related to digital content forgery technologies and deepfakes.
(2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.
(g) This section shall remain in effect only until January 1, 2025, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2025, deletes or extends that date.
