Bill Text: CA SB970 | 2023-2024 | Regular Session | Amended
Bill Title: Artificial intelligence technology.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - May 16 hearing: Held in committee and under submission. [SB970 Detail]
Download: California-2023-SB970-Amended.html
Amended
IN
Senate
April 11, 2024 |
Introduced by Senator Ashby |
January 25, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would require the Judicial Council to develop and implement screening procedures for these types of records that are introduced as evidence, to identify those that are synthetic. The bill would also require the council to develop and promulgate educational materials to assist in the identification of evidence that has been tampered with by means of artificial intelligence.
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 22.7 (commencing with Section 22650) is added to Division 8 of the Business and Professions Code, to read:CHAPTER 22.7. Artificial Intelligence Technology Providers
22650.
(a)SEC. 2.
Section 3344 of the Civil Code is amended to read:3344.
(a) Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person’s prior consent, or, in the case of a minor, the prior consent of their parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by them as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing these profits, the injured party or parties are required to present proof only of the gross revenue attributable to the unauthorized use, and the person who violated this section is required to prove their deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorney’s fees and costs.SEC. 3.
Article 2.5 (commencing with Section 1425) is added to Chapter 1 of Division 11 of the Evidence Code, to read:Article 2.5. Screening of Writings for Synthetic Content
(a)The Judicial Council shall develop and implement screening procedures for writings introduced as evidence to identify those writings that are synthetic media.
(b)The Judicial Council shall develop and make available to the public educational materials to assist judges, attorneys, and law enforcement officers in understanding and identifying synthetic media and evidence that has been tampered with by means of artificial intelligence technology.
1425.
(a) By no later than January 1, 2026, the Judicial Council shall review the impact of artificial intelligence on the introduction of evidence in court proceedings and develop any necessary rules of court to assist courts in assessing claims that evidence that is being introduced has been generated by or manipulated by artificial intelligence.(c)
SEC. 4.
Chapter 9 (commencing with Section 540) is added to Title 13 of Part 1 of the Penal Code, to read:CHAPTER 9. Offense Involving the Use of Artificial Intelligence Technology
540.
For purposes of the chapter, the following definitions apply:(c)“Video cloning technology” means technology that utilizes AI, specifically deep learning and generative adversarial networks (GANs), to create or modify video content in a manner that appears to be an
actual recording.
(d)“Voice cloning technology” means technology that utilizes AI to replicate a human voice in a manner that seems to be an actual human voice, including the actual voice of a specific identifiable person.