(a)(1) 1 A generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) shall do all of the following: (1) Place imperceptible and maximally indelible watermarksMaximally indelible watermarks"Maximally indelible watermarks" means watermarks that are as difficult to remove as is possible with currently available techniques and that are tested through AI red-teaming.Bus. & Prof. Code § 22949.90(m) containing provenance dataProvenance data"Provenance data" means data that includes the name of the AI system that generated the content, the underlying AI models that were part of the AI system, the time and date of the creation of the content, and, if applicable, which specific portions of the content are synthetic.Bus. & Prof. Code § 22949.90(n) into content created by an AI systemAI system"AI system" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, including, but not limited to, predictions, content, recommendations, or decisions that may influence physical or virtual environments.Bus. & Prof. Code § 22949.90(b) that the generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) makes available. If the content is manipulated in ways that are intended to remove a watermarkWatermark"Watermark" means embedded information, typically difficult to remove, into outputs created, including into photographs, videos, audio clips, or text, for the purposes of verifying the authenticity of the output or the identity or characteristics of its provenance, modifications, or conveyance.Bus. & Prof. Code § 22949.90(q), or if a content sample, including a cropped portion of an image, a truncated segment of a generated piece of audio or video content, or a small amount of text content, is damaged or becomes too small to contain the required provenance dataProvenance data"Provenance data" means data that includes the name of the AI system that generated the content, the underlying AI models that were part of the AI system, the time and date of the creation of the content, and, if applicable, which specific portions of the content are synthetic.Bus. & Prof. Code § 22949.90(n), the generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) shall, at minimum, embed watermarking information that identifies the content as synthetic and gives the name of the generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i).

(a)(2) 2 Provide downloadable software tools or online services to determine whether a piece of content was created with the provider's system and make those tools available to all large online platformsLarge online platform"Large online platform" means a public-facing internet website, web application, or digital application, including a social network, video sharing platform, messaging platform, advertising network, or search engine that had at least 1,000,000 California users during the preceding 12 months.Bus. & Prof. Code § 22949.90(k) and the public. (A) A generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) shall produce the software tools or online services in ways that are easy to use manually by individuals seeking to quickly assess the provenance of a single piece of content and to use in an efficient and automated fashion by online platforms or researchers seeking to assess the provenance of hundreds or thousands of pieces of content per minute. (B) A generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) shall produce the software tools or online services to be interoperable to the greatest extent possible with decoders made available by other providers or organizations. The decoders shall adhere, to the greatest extent possible, to relevant national or international standards, if available.

(a)(3) 3 Conduct AI red-teamingAI red-teaming"AI red-teaming" means a structured testing effort to find flaws and vulnerabilities in an AI system, often in a controlled environment and in collaboration with developers of artificial intelligence (AI) and is most often performed by dedicated "red teams" that adopt adversarial methods to identify flaws and vulnerabilities, including, but not limited to, harmful or discriminatory outputs from an AI system, unforeseen or undesirable system behaviors, limitations, or potential risks associated with misuse of the system.Bus. & Prof. Code § 22949.90(a) exercises that involve third-party experts to test whether watermarksWatermark"Watermark" means embedded information, typically difficult to remove, into outputs created, including into photographs, videos, audio clips, or text, for the purposes of verifying the authenticity of the output or the identity or characteristics of its provenance, modifications, or conveyance.Bus. & Prof. Code § 22949.90(q) can be easily removed from their synthetic contentSynthetic content"Synthetic content" means information, including images, videos, audio clips, and text, that has been significantly modified or generated by algorithms, including by AI.Bus. & Prof. Code § 22949.90(o) and whether AI systemsAI system"AI system" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, including, but not limited to, predictions, content, recommendations, or decisions that may influence physical or virtual environments.Bus. & Prof. Code § 22949.90(b) could be used to falsely add watermarksWatermark"Watermark" means embedded information, typically difficult to remove, into outputs created, including into photographs, videos, audio clips, or text, for the purposes of verifying the authenticity of the output or the identity or characteristics of its provenance, modifications, or conveyance.Bus. & Prof. Code § 22949.90(q) to authentic contentAuthentic content"Authentic content" means images, videos, audio clips, or text created by human beings without any modifications or with only minor modifications that do not lead to significant changes to the perceived contents or meaning of the content. Minor modifications include, but are not limited to, changes to brightness or contrast of images, removal of background noise in audio, and spelling or grammar corrections in text.Bus. & Prof. Code § 22949.90(c) that indicates that it is inauthentic. (A) If a generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) intends to allow their systems to be downloaded and modified, the provider shall conduct AI red-teamingAI red-teaming"AI red-teaming" means a structured testing effort to find flaws and vulnerabilities in an AI system, often in a controlled environment and in collaboration with developers of artificial intelligence (AI) and is most often performed by dedicated "red teams" that adopt adversarial methods to identify flaws and vulnerabilities, including, but not limited to, harmful or discriminatory outputs from an AI system, unforeseen or undesirable system behaviors, limitations, or potential risks associated with misuse of the system.Bus. & Prof. Code § 22949.90(a) to assess whether the systems' watermarking functionalities can be disabled to generate deceptive, inauthentic contentInauthentic content"Inauthentic content" means synthetic content that is so similar to authentic content that it could be mistaken as authentic.Bus. & Prof. Code § 22949.90(j). (B) A generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) shall make summaries of its AI red-teamingAI red-teaming"AI red-teaming" means a structured testing effort to find flaws and vulnerabilities in an AI system, often in a controlled environment and in collaboration with developers of artificial intelligence (AI) and is most often performed by dedicated "red teams" that adopt adversarial methods to identify flaws and vulnerabilities, including, but not limited to, harmful or discriminatory outputs from an AI system, unforeseen or undesirable system behaviors, limitations, or potential risks associated with misuse of the system.Bus. & Prof. Code § 22949.90(a) exercises publicly available in a location linked from the home page of the generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i)'s internet website with a clearly labeled link that has a similar look, feel, and size relative to other links on the same web page and shall remove from the summaries details that may pose immediate public security. A generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) shall submit full reports of its AI red-teamingAI red-teaming"AI red-teaming" means a structured testing effort to find flaws and vulnerabilities in an AI system, often in a controlled environment and in collaboration with developers of artificial intelligence (AI) and is most often performed by dedicated "red teams" that adopt adversarial methods to identify flaws and vulnerabilities, including, but not limited to, harmful or discriminatory outputs from an AI system, unforeseen or undesirable system behaviors, limitations, or potential risks associated with misuse of the system.Bus. & Prof. Code § 22949.90(a) exercises to the Department of Technology within six months from the date upon which this act takes effect, and annually thereafter.

(b) 1 A generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) may continue providing legacy generative AI systemsLegacy generative AI system"Legacy generative AI systems" means generative AI systems created and released before the date upon which this act takes effect.Bus. & Prof. Code § 22949.90(l) that do not have watermarking capabilities as described by paragraph (1) of subdivision (a) if either of the following applies: (1) The generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) is able to retrospectively create and make publicly available a decoder that accurately determines whether content generated by the legacy generative AI systemLegacy generative AI system"Legacy generative AI systems" means generative AI systems created and released before the date upon which this act takes effect.Bus. & Prof. Code § 22949.90(l) is synthetic with at least 99 percent accuracy as measured by an independent auditor. (2) The generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) conducts and publishes research to definitively demonstrate that the legacy generative AI systemLegacy generative AI system"Legacy generative AI systems" means generative AI systems created and released before the date upon which this act takes effect.Bus. & Prof. Code § 22949.90(l) is not capable of producing inauthentic content of a quality that is sufficiently realistic to be potentially mistaken for authentic contentAuthentic content"Authentic content" means images, videos, audio clips, or text created by human beings without any modifications or with only minor modifications that do not lead to significant changes to the perceived contents or meaning of the content. Minor modifications include, but are not limited to, changes to brightness or contrast of images, removal of background noise in audio, and spelling or grammar corrections in text.Bus. & Prof. Code § 22949.90(c).

(c) 4 A generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i), generative AI system distributorGenerative AI system distributor"Generative AI system distributors" means organizations or individuals that distribute generative AI systems, or substantial components thereof, such as model weights, in ways that can be downloaded and used by individuals locally on their own hardware, or modified or incorporated into other products or services.Bus. & Prof. Code § 22949.90(h), or other provider, or a distributor of software or online services shall not make available or distribute an AI systemAI system"AI system" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, including, but not limited to, predictions, content, recommendations, or decisions that may influence physical or virtual environments.Bus. & Prof. Code § 22949.90(b), application, tool, or service that has the capacity to remove watermarksWatermark"Watermark" means embedded information, typically difficult to remove, into outputs created, including into photographs, videos, audio clips, or text, for the purposes of verifying the authenticity of the output or the identity or characteristics of its provenance, modifications, or conveyance.Bus. & Prof. Code § 22949.90(q) from synthetic contentSynthetic content"Synthetic content" means information, including images, videos, audio clips, and text, that has been significantly modified or generated by algorithms, including by AI.Bus. & Prof. Code § 22949.90(o) or an AI systemAI system"AI system" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, including, but not limited to, predictions, content, recommendations, or decisions that may influence physical or virtual environments.Bus. & Prof. Code § 22949.90(b) that has the capacity to remove watermarksWatermark"Watermark" means embedded information, typically difficult to remove, into outputs created, including into photographs, videos, audio clips, or text, for the purposes of verifying the authenticity of the output or the identity or characteristics of its provenance, modifications, or conveyance.Bus. & Prof. Code § 22949.90(q) from synthetic contentSynthetic content"Synthetic content" means information, including images, videos, audio clips, and text, that has been significantly modified or generated by algorithms, including by AI.Bus. & Prof. Code § 22949.90(o) but was not explicitly designed for that purpose.

(d) 5 If a generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) distributes a generative AI systemGenerative AI system"Generative AI system" means the class of AI models that emulates the structure and characteristics of input data to generate derived synthetic content, including images, videos, audio, text, and other digital content. The synthetic content generated may, but does not necessarily have to, be of the same content type as the input data.Bus. & Prof. Code § 22949.90(g) in a way that allows the generative AI systemGenerative AI system"Generative AI system" means the class of AI models that emulates the structure and characteristics of input data to generate derived synthetic content, including images, videos, audio, text, and other digital content. The synthetic content generated may, but does not necessarily have to, be of the same content type as the input data.Bus. & Prof. Code § 22949.90(g) to be modified by others, the generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) shall ensure that the generative AI systemGenerative AI system"Generative AI system" means the class of AI models that emulates the structure and characteristics of input data to generate derived synthetic content, including images, videos, audio, text, and other digital content. The synthetic content generated may, but does not necessarily have to, be of the same content type as the input data.Bus. & Prof. Code § 22949.90(g) does not allow for removal of the system's watermarking functionality. (2) A generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) shall not distribute a generative AI systemGenerative AI system"Generative AI system" means the class of AI models that emulates the structure and characteristics of input data to generate derived synthetic content, including images, videos, audio, text, and other digital content. The synthetic content generated may, but does not necessarily have to, be of the same content type as the input data.Bus. & Prof. Code § 22949.90(g) or make a generative AI systemGenerative AI system"Generative AI system" means the class of AI models that emulates the structure and characteristics of input data to generate derived synthetic content, including images, videos, audio, text, and other digital content. The synthetic content generated may, but does not necessarily have to, be of the same content type as the input data.Bus. & Prof. Code § 22949.90(g) available for use if the system's watermarking functionality can be removed by others.

(e) 6 Within 24 hours of discovering a vulnerability or failure in an AI systemAI system"AI system" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, including, but not limited to, predictions, content, recommendations, or decisions that may influence physical or virtual environments.Bus. & Prof. Code § 22949.90(b), a generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) shall report the vulnerability or failure to the Department of Technology. A generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) shall also notify other generative AI system providersGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) that may be affected by similar vulnerabilities or failures in a manner that allows the other generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) to harden their own AI systemsAI system"AI system" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, including, but not limited to, predictions, content, recommendations, or decisions that may influence physical or virtual environments.Bus. & Prof. Code § 22949.90(b) against similar risks. (2) A generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) shall also notify any affected party. Affected parties include, but are not limited to, an online platform, researchers or users who received incorrect results from a watermarkWatermark"Watermark" means embedded information, typically difficult to remove, into outputs created, including into photographs, videos, audio clips, or text, for the purposes of verifying the authenticity of the output or the identity or characteristics of its provenance, modifications, or conveyance.Bus. & Prof. Code § 22949.90(q) decoder, or users who produced AI content that contained incorrect or insufficient watermarking data. (3) A generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) shall make any report to the Department of Technology under this subdivision publicly available in a location linked from the home page of the generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i)'s internet website with a clearly labeled link that has a similar look, feel, and size relative to other links on the same web page. (4) If public disclosure of the report under this subdivision could pose public safety risks, a generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) may instead do either of the following: (A) Post a summary disclosure of the reported vulnerability or failure. (B) Delay, for no longer than 30 days, the public disclosure of the report until the public safety risks have been mitigated. If a generative AI system providerGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) delays public disclosure, the provider shall document and demonstrate that they moved as quickly as possible to resolve the vulnerability or failure and meet the reporting requirements under this subdivision.

(f) 7 A conversational AI systemConversational AI system"Conversational AI systems" means chatbots and other audio- or video-based systems that can hold humanlike conversations through digital media, including, but not limited to, online calling, phone calling, video conferencing, messaging, application or web-based chat interfaces, or other conversational interfaces. Conversational AI systems includes chatbots for customer service or entertainment purposes embedded in internet websites and applications.Bus. & Prof. Code § 22949.90(e) shall clearly and prominently disclose to users that the conversational AI systemConversational AI system"Conversational AI systems" means chatbots and other audio- or video-based systems that can hold humanlike conversations through digital media, including, but not limited to, online calling, phone calling, video conferencing, messaging, application or web-based chat interfaces, or other conversational interfaces. Conversational AI systems includes chatbots for customer service or entertainment purposes embedded in internet websites and applications.Bus. & Prof. Code § 22949.90(e) receives synthetic contentSynthetic content"Synthetic content" means information, including images, videos, audio clips, and text, that has been significantly modified or generated by algorithms, including by AI.Bus. & Prof. Code § 22949.90(o). (A) In visual interfaces, including, but not limited to, text chats or video calling, a conversational AI systemConversational AI system"Conversational AI systems" means chatbots and other audio- or video-based systems that can hold humanlike conversations through digital media, including, but not limited to, online calling, phone calling, video conferencing, messaging, application or web-based chat interfaces, or other conversational interfaces. Conversational AI systems includes chatbots for customer service or entertainment purposes embedded in internet websites and applications.Bus. & Prof. Code § 22949.90(e) shall place the disclosure required under this subdivision in the interface itself and maintain the disclosure's visibility in a prominent location throughout any interaction with the interface. (B) In audio-only interfaces, including, but not limited to, phone or other voice calling systems, a conversational AI systemConversational AI system"Conversational AI systems" means chatbots and other audio- or video-based systems that can hold humanlike conversations through digital media, including, but not limited to, online calling, phone calling, video conferencing, messaging, application or web-based chat interfaces, or other conversational interfaces. Conversational AI systems includes chatbots for customer service or entertainment purposes embedded in internet websites and applications.Bus. & Prof. Code § 22949.90(e) shall verbally make the disclosure required under this subdivision at the beginning and end of a call. (2) In all conversational interfaces of a conversational AI systemConversational AI system"Conversational AI systems" means chatbots and other audio- or video-based systems that can hold humanlike conversations through digital media, including, but not limited to, online calling, phone calling, video conferencing, messaging, application or web-based chat interfaces, or other conversational interfaces. Conversational AI systems includes chatbots for customer service or entertainment purposes embedded in internet websites and applications.Bus. & Prof. Code § 22949.90(e), the conversational AI systemConversational AI system"Conversational AI systems" means chatbots and other audio- or video-based systems that can hold humanlike conversations through digital media, including, but not limited to, online calling, phone calling, video conferencing, messaging, application or web-based chat interfaces, or other conversational interfaces. Conversational AI systems includes chatbots for customer service or entertainment purposes embedded in internet websites and applications.Bus. & Prof. Code § 22949.90(e) shall, at the beginning of a user's interaction with the system, obtain a user's affirmative consent acknowledging that the user has been informed that they are interacting with a conversational AI systemConversational AI system"Conversational AI systems" means chatbots and other audio- or video-based systems that can hold humanlike conversations through digital media, including, but not limited to, online calling, phone calling, video conferencing, messaging, application or web-based chat interfaces, or other conversational interfaces. Conversational AI systems includes chatbots for customer service or entertainment purposes embedded in internet websites and applications.Bus. & Prof. Code § 22949.90(e). A conversational AI systemConversational AI system"Conversational AI systems" means chatbots and other audio- or video-based systems that can hold humanlike conversations through digital media, including, but not limited to, online calling, phone calling, video conferencing, messaging, application or web-based chat interfaces, or other conversational interfaces. Conversational AI systems includes chatbots for customer service or entertainment purposes embedded in internet websites and applications.Bus. & Prof. Code § 22949.90(e) shall obtain a user's affirmative consent prior to beginning the conversation. (3) Disclosures and affirmative consent opportunities shall be made available to a user in the language in which the conversational AI systemConversational AI system"Conversational AI systems" means chatbots and other audio- or video-based systems that can hold humanlike conversations through digital media, including, but not limited to, online calling, phone calling, video conferencing, messaging, application or web-based chat interfaces, or other conversational interfaces. Conversational AI systems includes chatbots for customer service or entertainment purposes embedded in internet websites and applications.Bus. & Prof. Code § 22949.90(e) is communicating with the user. (4) The requirements under this subdivision shall not apply to conversational AI systemsConversational AI system"Conversational AI systems" means chatbots and other audio- or video-based systems that can hold humanlike conversations through digital media, including, but not limited to, online calling, phone calling, video conferencing, messaging, application or web-based chat interfaces, or other conversational interfaces. Conversational AI systems includes chatbots for customer service or entertainment purposes embedded in internet websites and applications.Bus. & Prof. Code § 22949.90(e) that produce content that could not be reasonably mistaken as authentic.

(g) This section shall become operative on February 1, 2025.

(a)(1)–(2) For purposes of this section, the following definitions apply: (1) "Authenticity watermarkAuthenticity watermark"Authenticity watermark" means a watermark of authentic content that includes the name of the device manufacturer.Bus. & Prof. Code § 22949.90.2(a)(1)" means a watermarkWatermark"Watermark" means embedded information, typically difficult to remove, into outputs created, including into photographs, videos, audio clips, or text, for the purposes of verifying the authenticity of the output or the identity or characteristics of its provenance, modifications, or conveyance.Bus. & Prof. Code § 22949.90(q) of authentic contentAuthentic content"Authentic content" means images, videos, audio clips, or text created by human beings without any modifications or with only minor modifications that do not lead to significant changes to the perceived contents or meaning of the content. Minor modifications include, but are not limited to, changes to brightness or contrast of images, removal of background noise in audio, and spelling or grammar corrections in text.Bus. & Prof. Code § 22949.90(c) that includes the name of the device manufacturer. (2) "Provenance watermarkProvenance watermark"Provenance watermark" means a watermark of authentic content that includes details about the content, including, but not limited to, the time and date of production, the name of the user, details about the device, and a digital signature.Bus. & Prof. Code § 22949.90.2(a)(2)" means a watermarkWatermark"Watermark" means embedded information, typically difficult to remove, into outputs created, including into photographs, videos, audio clips, or text, for the purposes of verifying the authenticity of the output or the identity or characteristics of its provenance, modifications, or conveyance.Bus. & Prof. Code § 22949.90(q) of authentic contentAuthentic content"Authentic content" means images, videos, audio clips, or text created by human beings without any modifications or with only minor modifications that do not lead to significant changes to the perceived contents or meaning of the content. Minor modifications include, but are not limited to, changes to brightness or contrast of images, removal of background noise in audio, and spelling or grammar corrections in text.Bus. & Prof. Code § 22949.90(c) that includes details about the content, including, but not limited to, the time and date of production, the name of the user, details about the device, and a digital signatureDigital signature"Digital signature" means a digital method that allows a user to sign a piece of authentic or synthetic content with their name or device information, verifying that they created the content, and that is included in the content's provenance data.Bus. & Prof. Code § 22949.90(f).

(b)(1)–(5) 8 Beginning January 1, 2026, newly manufactured digital cameras and recording devices sold, offered for sale, or distributed in California shall offer users the option to place an authenticity watermarkAuthenticity watermark"Authenticity watermark" means a watermark of authentic content that includes the name of the device manufacturer.Bus. & Prof. Code § 22949.90.2(a)(1) and provenance watermarkProvenance watermark"Provenance watermark" means a watermark of authentic content that includes details about the content, including, but not limited to, the time and date of production, the name of the user, details about the device, and a digital signature.Bus. & Prof. Code § 22949.90.2(a)(2) in the content produced by that device. (2) A user shall have the option to remove the authenticity and provenance watermarksProvenance watermark"Provenance watermark" means a watermark of authentic content that includes details about the content, including, but not limited to, the time and date of production, the name of the user, details about the device, and a digital signature.Bus. & Prof. Code § 22949.90.2(a)(2) from the content produced by their device. (3) Authenticity watermarksAuthenticity watermark"Authenticity watermark" means a watermark of authentic content that includes the name of the device manufacturer.Bus. & Prof. Code § 22949.90.2(a)(1) shall be turned on by default, while provenance watermarksProvenance watermark"Provenance watermark" means a watermark of authentic content that includes details about the content, including, but not limited to, the time and date of production, the name of the user, details about the device, and a digital signature.Bus. & Prof. Code § 22949.90.2(a)(2) shall be turned off by default. (4) Newly manufactured digital cameras and recording devices subject to the requirements of this subdivision shall clearly inform a user of the existence of the authenticity and provenance watermarksProvenance watermark"Provenance watermark" means a watermark of authentic content that includes details about the content, including, but not limited to, the time and date of production, the name of the user, details about the device, and a digital signature.Bus. & Prof. Code § 22949.90.2(a)(2) settings upon the user's first use of the camera or the recording function on the recording device. (A) When a camera or audio recording application is open, a newly manufactured digital camera or recording device shall have a clear indicator that a watermarkWatermark"Watermark" means embedded information, typically difficult to remove, into outputs created, including into photographs, videos, audio clips, or text, for the purposes of verifying the authenticity of the output or the identity or characteristics of its provenance, modifications, or conveyance.Bus. & Prof. Code § 22949.90(q) is being applied. (B) A newly manufactured digital camera or recording device shall allow the user to adjust the watermarksWatermark"Watermark" means embedded information, typically difficult to remove, into outputs created, including into photographs, videos, audio clips, or text, for the purposes of verifying the authenticity of the output or the identity or characteristics of its provenance, modifications, or conveyance.Bus. & Prof. Code § 22949.90(q) settings. (5) The authenticity watermarkAuthenticity watermark"Authenticity watermark" means a watermark of authentic content that includes the name of the device manufacturer.Bus. & Prof. Code § 22949.90.2(a)(1) and provenance watermarkProvenance watermark"Provenance watermark" means a watermark of authentic content that includes details about the content, including, but not limited to, the time and date of production, the name of the user, details about the device, and a digital signature.Bus. & Prof. Code § 22949.90.2(a)(2) shall persist in content produced using newly manufactured digital cameras or recording devices even if the content is created or recorded in third-party applications that offer camera or audio recording functionalities.

(c) 8 The authenticity watermarkAuthenticity watermark"Authenticity watermark" means a watermark of authentic content that includes the name of the device manufacturer.Bus. & Prof. Code § 22949.90.2(a)(1) and provenance watermarkProvenance watermark"Provenance watermark" means a watermark of authentic content that includes details about the content, including, but not limited to, the time and date of production, the name of the user, details about the device, and a digital signature.Bus. & Prof. Code § 22949.90.2(a)(2), as required in subdivision (b), shall be compatible with widely used industry standards, including the Coalition for Content Provenance and Authenticity's content credentials.

(d) 9 Beginning January 1, 2026, a camera and recording device manufacturerCamera and recording device manufacturer"Camera and recording device manufacturers" means the makers of 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.Bus. & Prof. Code § 22949.90(d) shall offer a software or firmware update enabling a user to place an authenticity watermarkAuthenticity watermark"Authenticity watermark" means a watermark of authentic content that includes the name of the device manufacturer.Bus. & Prof. Code § 22949.90.2(a)(1) and provenance watermarkProvenance watermark"Provenance watermark" means a watermark of authentic content that includes details about the content, including, but not limited to, the time and date of production, the name of the user, details about the device, and a digital signature.Bus. & Prof. Code § 22949.90.2(a)(2) on the content created by the device to a user of a digital camera or recording device purchased in California prior to January 1, 2026. This requirement shall only apply if a digital camera or recording device purchased in California prior to January 1, 2026, is capable of receiving a software or firmware update that would enable the user to place an authenticity watermarkAuthenticity watermark"Authenticity watermark" means a watermark of authentic content that includes the name of the device manufacturer.Bus. & Prof. Code § 22949.90.2(a)(1) and provenance watermarkProvenance watermark"Provenance watermark" means a watermark of authentic content that includes details about the content, including, but not limited to, the time and date of production, the name of the user, details about the device, and a digital signature.Bus. & Prof. Code § 22949.90.2(a)(2) on the content created by the device.

(a) 10 Beginning March 1, 2025, a large online platformLarge online platform"Large online platform" means a public-facing internet website, web application, or digital application, including a social network, video sharing platform, messaging platform, advertising network, or search engine that had at least 1,000,000 California users during the preceding 12 months.Bus. & Prof. Code § 22949.90(k) shall use labels to prominently disclose the provenance dataProvenance data"Provenance data" means data that includes the name of the AI system that generated the content, the underlying AI models that were part of the AI system, the time and date of the creation of the content, and, if applicable, which specific portions of the content are synthetic.Bus. & Prof. Code § 22949.90(n) found in watermarksWatermark"Watermark" means embedded information, typically difficult to remove, into outputs created, including into photographs, videos, audio clips, or text, for the purposes of verifying the authenticity of the output or the identity or characteristics of its provenance, modifications, or conveyance.Bus. & Prof. Code § 22949.90(q) or digital signaturesDigital signature"Digital signature" means a digital method that allows a user to sign a piece of authentic or synthetic content with their name or device information, verifying that they created the content, and that is included in the content's provenance data.Bus. & Prof. Code § 22949.90(f) in content distributed to users on its platforms by making use of the data contained in watermarksWatermark"Watermark" means embedded information, typically difficult to remove, into outputs created, including into photographs, videos, audio clips, or text, for the purposes of verifying the authenticity of the output or the identity or characteristics of its provenance, modifications, or conveyance.Bus. & Prof. Code § 22949.90(q) and digital signaturesDigital signature"Digital signature" means a digital method that allows a user to sign a piece of authentic or synthetic content with their name or device information, verifying that they created the content, and that is included in the content's provenance data.Bus. & Prof. Code § 22949.90(f) embedded in content using widely used industry standards, including the Coalition for Content Provenance and Authenticity's content credentials, and synthetic contentSynthetic content"Synthetic content" means information, including images, videos, audio clips, and text, that has been significantly modified or generated by algorithms, including by AI.Bus. & Prof. Code § 22949.90(o) decoders provided by generative AI system providersGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i). (1) The labels shall indicate whether content is fully synthetic, partially synthetic, authentic, authentic with minor modifications, or does not contain a watermarkWatermark"Watermark" means embedded information, typically difficult to remove, into outputs created, including into photographs, videos, audio clips, or text, for the purposes of verifying the authenticity of the output or the identity or characteristics of its provenance, modifications, or conveyance.Bus. & Prof. Code § 22949.90(q). (2) A user shall be allowed to click or tap on a label to inspect all available provenance dataProvenance data"Provenance data" means data that includes the name of the AI system that generated the content, the underlying AI models that were part of the AI system, the time and date of the creation of the content, and, if applicable, which specific portions of the content are synthetic.Bus. & Prof. Code § 22949.90(n) in an easy-to-understand format.

(b) 10 The disclosure required under subdivision (a) shall be readily legible to an average viewer or, if the content is in audio format, shall be clearly audible. A disclosure in audio and video content shall occur at the beginning and end of a piece of content and shall be presented in a prominent manner and at a comparable volume and speaking cadence as other spoken words in the content.

(c) 11 A large online platformLarge online platform"Large online platform" means a public-facing internet website, web application, or digital application, including a social network, video sharing platform, messaging platform, advertising network, or search engine that had at least 1,000,000 California users during the preceding 12 months.Bus. & Prof. Code § 22949.90(k) shall use state-of-the-art techniques to detect and label synthetic contentSynthetic content"Synthetic content" means information, including images, videos, audio clips, and text, that has been significantly modified or generated by algorithms, including by AI.Bus. & Prof. Code § 22949.90(o) that has had watermarksWatermark"Watermark" means embedded information, typically difficult to remove, into outputs created, including into photographs, videos, audio clips, or text, for the purposes of verifying the authenticity of the output or the identity or characteristics of its provenance, modifications, or conveyance.Bus. & Prof. Code § 22949.90(q) removed or was produced by AI systemsAI system"AI system" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, including, but not limited to, predictions, content, recommendations, or decisions that may influence physical or virtual environments.Bus. & Prof. Code § 22949.90(b) without watermarking functionality.

(d) 12 A large online platformLarge online platform"Large online platform" means a public-facing internet website, web application, or digital application, including a social network, video sharing platform, messaging platform, advertising network, or search engine that had at least 1,000,000 California users during the preceding 12 months.Bus. & Prof. Code § 22949.90(k) shall require a user that uploads or distributes content on its platform to disclose whether the uploaded or distributed content is synthetic contentSynthetic content"Synthetic content" means information, including images, videos, audio clips, and text, that has been significantly modified or generated by algorithms, including by AI.Bus. & Prof. Code § 22949.90(o). (2) A large online platformLarge online platform"Large online platform" means a public-facing internet website, web application, or digital application, including a social network, video sharing platform, messaging platform, advertising network, or search engine that had at least 1,000,000 California users during the preceding 12 months.Bus. & Prof. Code § 22949.90(k) shall include prominent warnings to users that uploading or distributing synthetic contentSynthetic content"Synthetic content" means information, including images, videos, audio clips, and text, that has been significantly modified or generated by algorithms, including by AI.Bus. & Prof. Code § 22949.90(o) without disclosing that it is synthetic contentSynthetic content"Synthetic content" means information, including images, videos, audio clips, and text, that has been significantly modified or generated by algorithms, including by AI.Bus. & Prof. Code § 22949.90(o) is not permissible and will result in disciplinary action by the large online platformLarge online platform"Large online platform" means a public-facing internet website, web application, or digital application, including a social network, video sharing platform, messaging platform, advertising network, or search engine that had at least 1,000,000 California users during the preceding 12 months.Bus. & Prof. Code § 22949.90(k). (3) A large online platformLarge online platform"Large online platform" means a public-facing internet website, web application, or digital application, including a social network, video sharing platform, messaging platform, advertising network, or search engine that had at least 1,000,000 California users during the preceding 12 months.Bus. & Prof. Code § 22949.90(k) may provide users with an option to indicate that the user is uncertain whether the content they are uploading or distributing is synthetic contentSynthetic content"Synthetic content" means information, including images, videos, audio clips, and text, that has been significantly modified or generated by algorithms, including by AI.Bus. & Prof. Code § 22949.90(o). If a user uploads or distributes content and indicates that they are uncertain of whether the content is synthetic contentSynthetic content"Synthetic content" means information, including images, videos, audio clips, and text, that has been significantly modified or generated by algorithms, including by AI.Bus. & Prof. Code § 22949.90(o), a large online platformLarge online platform"Large online platform" means a public-facing internet website, web application, or digital application, including a social network, video sharing platform, messaging platform, advertising network, or search engine that had at least 1,000,000 California users during the preceding 12 months.Bus. & Prof. Code § 22949.90(k) shall indicate that the uploaded or distributed content is possibly synthetic and shall display that indication in a manner that is visible or audible to viewers or listeners of the content.

(e) 13 A large online platformLarge online platform"Large online platform" means a public-facing internet website, web application, or digital application, including a social network, video sharing platform, messaging platform, advertising network, or search engine that had at least 1,000,000 California users during the preceding 12 months.Bus. & Prof. Code § 22949.90(k) shall use state-of-the-art techniques to detect and label inauthentic text content that is uploaded or distributed by individual users or networks of users. (2) A large online platformLarge online platform"Large online platform" means a public-facing internet website, web application, or digital application, including a social network, video sharing platform, messaging platform, advertising network, or search engine that had at least 1,000,000 California users during the preceding 12 months.Bus. & Prof. Code § 22949.90(k) may use a variety of methods to detect inauthentic text content, including, but not limited to, the following: (A) Bulk analysis of collected text content from users or networks of users. (B) Analysis of user behavioral signals indicating usage of synthetic contentSynthetic content"Synthetic content" means information, including images, videos, audio clips, and text, that has been significantly modified or generated by algorithms, including by AI.Bus. & Prof. Code § 22949.90(o). (C) Assessing large quantities of text generated by users or networks of users for watermarked content. (D) Considering whether a user's typing cadence indicates authenticity or automation. (E) Verification that users are matched to unique device identifications such as a subscriber identity module (SIM) card, international mobile equipment identity (IMEI), or multifactor authentication (MFA). (3) A large online platformLarge online platform"Large online platform" means a public-facing internet website, web application, or digital application, including a social network, video sharing platform, messaging platform, advertising network, or search engine that had at least 1,000,000 California users during the preceding 12 months.Bus. & Prof. Code § 22949.90(k) shall also consider account age, login frequency, connection to other identity verification services, frequency of content uploading or distributing, authenticity of original media content, and other on-platform behaviors by a user that could be used to detect undisclosed inauthentic contentInauthentic content"Inauthentic content" means synthetic content that is so similar to authentic content that it could be mistaken as authentic.Bus. & Prof. Code § 22949.90(j) production. (4) If a large online platformLarge online platform"Large online platform" means a public-facing internet website, web application, or digital application, including a social network, video sharing platform, messaging platform, advertising network, or search engine that had at least 1,000,000 California users during the preceding 12 months.Bus. & Prof. Code § 22949.90(k) discovers that a user has uploaded or distributed inauthentic contentInauthentic content"Inauthentic content" means synthetic content that is so similar to authentic content that it could be mistaken as authentic.Bus. & Prof. Code § 22949.90(j) and the user did not disclose that the uploaded or distributed content is synthetic contentSynthetic content"Synthetic content" means information, including images, videos, audio clips, and text, that has been significantly modified or generated by algorithms, including by AI.Bus. & Prof. Code § 22949.90(o) pursuant to subdivision (d), the large online platformLarge online platform"Large online platform" means a public-facing internet website, web application, or digital application, including a social network, video sharing platform, messaging platform, advertising network, or search engine that had at least 1,000,000 California users during the preceding 12 months.Bus. & Prof. Code § 22949.90(k) shall disable the account of the user that uploaded or distributed the undisclosed inauthentic contentInauthentic content"Inauthentic content" means synthetic content that is so similar to authentic content that it could be mistaken as authentic.Bus. & Prof. Code § 22949.90(j).

(f) 14 A large online platformLarge online platform"Large online platform" means a public-facing internet website, web application, or digital application, including a social network, video sharing platform, messaging platform, advertising network, or search engine that had at least 1,000,000 California users during the preceding 12 months.Bus. & Prof. Code § 22949.90(k) shall make accessible a verification process for users to apply a digital signatureDigital signature"Digital signature" means a digital method that allows a user to sign a piece of authentic or synthetic content with their name or device information, verifying that they created the content, and that is included in the content's provenance data.Bus. & Prof. Code § 22949.90(f) to content created by a human being. The verification process shall include options to verify in a variety of methods that do not necessarily require disclosure of personal identifiable information, including, but not limited to, uploading a government-issued identification and matching picture identification or verifying that a user possesses a unique device with a SIM card and active phone number.

(a)(1)–(3) 15 Beginning January 1, 2026, and annually thereafter, generative AI system providersGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i), generative AI system distributorsGenerative AI system distributor"Generative AI system distributors" means organizations or individuals that distribute generative AI systems, or substantial components thereof, such as model weights, in ways that can be downloaded and used by individuals locally on their own hardware, or modified or incorporated into other products or services.Bus. & Prof. Code § 22949.90(h), and large online platformsLarge online platform"Large online platform" means a public-facing internet website, web application, or digital application, including a social network, video sharing platform, messaging platform, advertising network, or search engine that had at least 1,000,000 California users during the preceding 12 months.Bus. & Prof. Code § 22949.90(k) shall produce a Risk Assessment and Mitigation Report that assesses the risks posed by synthetic contentSynthetic content"Synthetic content" means information, including images, videos, audio clips, and text, that has been significantly modified or generated by algorithms, including by AI.Bus. & Prof. Code § 22949.90(o) and the harms that have been or could be caused by synthetic contentSynthetic content"Synthetic content" means information, including images, videos, audio clips, and text, that has been significantly modified or generated by algorithms, including by AI.Bus. & Prof. Code § 22949.90(o). (2) The report shall include, but is not limited to, assessments on the distribution of AI-generated child sexual abuse materials, nonconsensual intimate imagery, disinformation related to elections or public health, plagiarism, or other instances where synthetic or inauthentic contentInauthentic content"Inauthentic content" means synthetic content that is so similar to authentic content that it could be mistaken as authentic.Bus. & Prof. Code § 22949.90(j) caused or may have the potential to cause harm. (3) The report shall be audited by qualified, independent auditors who shall assess and either validate or invalidate the claims made in the report. An auditor shall assess the report by using state-of-the-art techniques and adhering to national and international standards for the auditing of AI systemsAI system"AI system" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs, including, but not limited to, predictions, content, recommendations, or decisions that may influence physical or virtual environments.Bus. & Prof. Code § 22949.90(b) as they become available.

(b) The Department of Technology may authorize independent researchers associated with educational institutions or civil society organizations approved by the Department of Technology to access special researcher tools designed to facilitate large-scale and efficient analysis of content and application programming interfaces (APIs) from generative AI system providersGenerative AI system provider"Generative AI system providers" means organizations or individuals that make AI systems, or substantial components thereof, available on the market, put them into service, provide them as standalone models or embed them in other systems or products, or provide them under free and open source licenses as a service, or through other large online platforms. Generative AI system distributors include repositories or hosting internet websites that make AI systems available for download, even if those repositories are not the original makers of the AI systems they make available, and providers of conversational AI systems.Bus. & Prof. Code § 22949.90(i) and large online platformsLarge online platform"Large online platform" means a public-facing internet website, web application, or digital application, including a social network, video sharing platform, messaging platform, advertising network, or search engine that had at least 1,000,000 California users during the preceding 12 months.Bus. & Prof. Code § 22949.90(k) for the purposes of generating test content, studying the efficacy of labeling and effects on users, and evaluating the overall effectiveness of this chapter in preventing harms caused by inauthentic contentInauthentic content"Inauthentic content" means synthetic content that is so similar to authentic content that it could be mistaken as authentic.Bus. & Prof. Code § 22949.90(j).

A violation of this chapter may result in an administrative penalty, assessed by the Department of Technology, of up to one million dollars ($1,000,000) or 5 percent of the violator's annual global revenue, whichever is greater.

Within 90 days of the date upon which this act takes effect, the Department of Technology shall adopt regulations as necessary to implement and carry out the purposes of this chapter. The department shall review and update its regulations relating to the implementation of this chapter as needed, including, but not limited to, adopting specific national or international standards for provenance, authenticity, watermarking, and digital signaturesDigital signature"Digital signature" means a digital method that allows a user to sign a piece of authentic or synthetic content with their name or device information, verifying that they created the content, and that is included in the content's provenance data.Bus. & Prof. Code § 22949.90(f), so long as the standards do not weaken the provisionsof this chapter.

The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.