WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)–(p) 22757.1. As used in this chapter: (a) \"Artificial intelligenceArtificial intelligence\"Artificial intelligence\" or \"AI\" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 22757.1(a)\" or \"AI\" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
This section establishes the full set of defined terms for the California AI Transparency Act as amended by AB 853. Key additions include capture device, capture device manufacturer, GenAI hosting platform, and large online platform — each reflecting a new category of regulated entity or product introduced by this bill. The section also carries forward existing definitions for covered provider, generative artificial intelligence system, provenance data, and related terms.
The large online platform definition is notable for its breadth: it covers social media, file-sharing, mass messaging, and standalone search engines exceeding 2,000,000 unique monthly users, while excluding broadband ISPs and telecommunications services. The capture device manufacturer definition excludes persons engaged exclusively in device assembly.
(a)(1) 1 A large online platformLarge online platform(1) \"Large online platform\" means a public-facing social media platform, file-sharing platform, mass messaging platform, or stand-alone search engine that distributes content to users who did not create or collaborate in creating the content that exceeded 2,000,000 unique monthly users during the preceding 12 months. (2) \"Large online platform\" does not include either of the following: (A) A broadband internet access service, as defined in Section 3100 of the Civil Code. (B) A telecommunications service, as defined in Section 153 of Title 47 of the United States Code.Bus. & Prof. Code § 22757.1(h) shall do all of the following: (1) Detect whether any provenance dataProvenance data\"Provenance data\" means data that is embedded into digital content, or that is included in the digital content's metadata, for the purpose of verifying the digital content's authenticity, origin, or history of modification.Bus. & Prof. Code § 22757.1(o) that is compliant with widely adopted specifications adopted by an established standards-setting body is embedded into or attached to content distributed on the large online platformLarge online platform(1) \"Large online platform\" means a public-facing social media platform, file-sharing platform, mass messaging platform, or stand-alone search engine that distributes content to users who did not create or collaborate in creating the content that exceeded 2,000,000 unique monthly users during the preceding 12 months. (2) \"Large online platform\" does not include either of the following: (A) A broadband internet access service, as defined in Section 3100 of the Civil Code. (B) A telecommunications service, as defined in Section 153 of Title 47 of the United States Code.Bus. & Prof. Code § 22757.1(h).
(a)(2)–(3) 2 Provide a user interface to disclose the availability of system provenance dataSystem provenance data\"System provenance data\" means provenance data that is not reasonably capable of being associated with a particular user and that contains either of the following: (1) Information regarding the type of device, system, or service that was used to generate a piece of digital content. (2) Information related to content authenticity.Bus. & Prof. Code § 22757.1(p) that reliably indicates that the content was generated or substantially altered by a GenAI system or captured by a capture deviceCapture device\"Capture device\" means 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 § 22757.1(b).
(b) 3 A large online platformLarge online platform(1) \"Large online platform\" means a public-facing social media platform, file-sharing platform, mass messaging platform, or stand-alone search engine that distributes content to users who did not create or collaborate in creating the content that exceeded 2,000,000 unique monthly users during the preceding 12 months. (2) \"Large online platform\" does not include either of the following: (A) A broadband internet access service, as defined in Section 3100 of the Civil Code. (B) A telecommunications service, as defined in Section 153 of Title 47 of the United States Code.Bus. & Prof. Code § 22757.1(h) shall not, to the extent technically feasible, knowingly strip any system provenance dataSystem provenance data\"System provenance data\" means provenance data that is not reasonably capable of being associated with a particular user and that contains either of the following: (1) Information regarding the type of device, system, or service that was used to generate a piece of digital content. (2) Information related to content authenticity.Bus. & Prof. Code § 22757.1(p) or digital signatureDigital signature\"Digital signature\" means a cryptography-based method that identifies the user or entity that attests to the information provided in the signed section.Bus. & Prof. Code § 22757.1(e) that is compliant with widely adopted specifications adopted by an established standards-setting body from content uploaded or distributed on the large online platformLarge online platform(1) \"Large online platform\" means a public-facing social media platform, file-sharing platform, mass messaging platform, or stand-alone search engine that distributes content to users who did not create or collaborate in creating the content that exceeded 2,000,000 unique monthly users during the preceding 12 months. (2) \"Large online platform\" does not include either of the following: (A) A broadband internet access service, as defined in Section 3100 of the Civil Code. (B) A telecommunications service, as defined in Section 153 of Title 47 of the United States Code.Bus. & Prof. Code § 22757.1(h).
(c) This section shall become operative on January 1, 2027.
This section imposes three distinct sets of obligations on large online platforms, all operative January 1, 2027. The first is a technical detection obligation: platforms must scan distributed content for standards-compliant provenance data. The second is a user-facing disclosure obligation: platforms must provide an interface revealing whether system provenance data indicates AI generation or device capture, including the generating system's name and digital signature availability. The third is a preservation obligation: platforms must not knowingly strip standards-compliant provenance data or digital signatures from uploaded or distributed content, to the extent technically feasible.
The provenance-inspection requirement in subdivision (a)(3) gives users three alternative means of access — direct inspection through the platform UI, downloading content with attached provenance data, or following a link to a third-party provenance display — providing flexibility in implementation.
(a) 4 A GenAI system hosting platform shall not knowingly make available a GenAI system that does not place disclosures pursuant to Section 22757.3.
(b) This section shall become operative on January 1, 2027.
This section targets GenAI hosting platforms — websites or applications that make GenAI system source code or model weights available for download. It prohibits a hosting platform from knowingly making available a GenAI system that does not embed the latent disclosures required by Section 22757.3 (the existing covered-provider disclosure obligation). This effectively extends the provenance-embedding mandate to the distribution layer: if a GenAI system fails to place required disclosures, the hosting platform may not distribute it.
The knowledge requirement — "knowingly" — means the hosting platform must have actual awareness that the system does not place required disclosures. The provision is operative January 1, 2027.
(a)(1)–(2) 5 A capture device manufacturerCapture device manufacturer(1) \"Capture device manufacturer\" means a person who produces a capture device for sale in the state. (2) \"Capture device manufacturer\" does not include a person exclusively engaged in the assembly of a capture device.Bus. & Prof. Code § 22757.1(c) shall, with respect to any capture deviceCapture device\"Capture device\" means 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 § 22757.1(b) the capture device manufacturerCapture device manufacturer(1) \"Capture device manufacturer\" means a person who produces a capture device for sale in the state. (2) \"Capture device manufacturer\" does not include a person exclusively engaged in the assembly of a capture device.Bus. & Prof. Code § 22757.1(c) first produced for sale in the state on or after January 1, 2028, do both of the following: (1) Provide a user with the option to include a latentLatent\"Latent\" means present but not manifest.Bus. & Prof. Code § 22757.1(i) disclosure in content captured by the capture deviceCapture device\"Capture device\" means 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 § 22757.1(b).
(b) 5 A capture device manufacturerCapture device manufacturer(1) \"Capture device manufacturer\" means a person who produces a capture device for sale in the state. (2) \"Capture device manufacturer\" does not include a person exclusively engaged in the assembly of a capture device.Bus. & Prof. Code § 22757.1(c) shall comply with this section only to the extent technically feasible and compliant with widely adopted specifications adopted by an established standards-setting body.
(c) This section shall become operative on January 1, 2028.
This section imposes provenance-embedding obligations on capture device manufacturers, operative January 1, 2028, applying only to devices first produced for sale in California on or after that date. Manufacturers must both embed latent disclosures by default in captured content and provide users the option to include such disclosures. The required disclosure elements are the manufacturer's name, the device name and version, and the timestamp of content creation or alteration.
Compliance is subject to two important qualifiers: technical feasibility and compliance with widely adopted standards-body specifications. These constraints parallel the standards-compliance requirement imposed on large online platforms in Section 22757.3.1, signaling a legislative preference for interoperable, industry-standard provenance infrastructure such as C2PA.
(a)(1)–(2) A violator of 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 by the Attorney General, a city attorney, or a county counsel.
(b) Each day that a covered providerCovered provider\"Covered provider\" means a person that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state.Bus. & Prof. Code § 22757.1(d), large online platformLarge online platform(1) \"Large online platform\" means a public-facing social media platform, file-sharing platform, mass messaging platform, or stand-alone search engine that distributes content to users who did not create or collaborate in creating the content that exceeded 2,000,000 unique monthly users during the preceding 12 months. (2) \"Large online platform\" does not include either of the following: (A) A broadband internet access service, as defined in Section 3100 of the Civil Code. (B) A telecommunications service, as defined in Section 153 of Title 47 of the United States Code.Bus. & Prof. Code § 22757.1(h), or capture device manufacturerCapture device manufacturer(1) \"Capture device manufacturer\" means a person who produces a capture device for sale in the state. (2) \"Capture device manufacturer\" does not include a person exclusively engaged in the assembly of a capture device.Bus. & Prof. Code § 22757.1(c) is in violation of this chapter shall be deemed a discrete violation.
(c)(1)–(2) For a violation by a third-party licensee of paragraph (3) of subdivision (c) of Section 22757.3, the Attorney General, a county counsel, or a city attorney may bring a civil action for both of the following: (1) Injunctive relief. (2) Reasonable attorney's fees and costs.
This section establishes the enforcement mechanism for the entire chapter. Civil penalties of $5,000 per violation are collectible in actions brought by the Attorney General, a city attorney, or a county counsel — there is no private right of action. Each day a covered provider, large online platform, or capture device manufacturer remains in violation constitutes a discrete violation, creating potentially significant cumulative exposure for ongoing non-compliance.
The section also addresses third-party licensee violations of Section 22757.3(c)(3) separately, limiting available remedies for those violations to injunctive relief and reasonable attorney's fees — notably omitting the $5,000 per-violation civil penalty. This suggests a deliberate legislative choice to impose softer consequences on downstream licensees compared to the primary regulated entities.
22757.6. This chapter shall become operative on August 2, 2026.
This section delays the operative date of the California AI Transparency Act from the original January 1, 2026 to August 2, 2026. Individual sections added by AB 853 have their own later operative dates — January 1, 2027 for large online platform and GenAI hosting platform obligations, and January 1, 2028 for capture device manufacturer obligations — but this section establishes August 2, 2026 as the baseline date for the existing covered-provider obligations.
The provisions of this act are severable. If any provision of this act 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.
Standard severability clause providing that if any provision of the act or its application is held invalid, the invalidity does not affect other provisions or applications that can be given effect independently.