Regulon.AI — CA-SB-11 · CA SB 11 (AI Technology Providers)

2024-12-02 introduced Introduced. Read first time. To Com. on RLS. for assignment. To print.

2025-01-29 committee referral Referred to Coms. on JUD. and PUB. S.

2025-04-02 committee referral From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 12. Noes 0. Page 609.) (April 1). Re-referred to Com. on PUB. S.

2025-04-10 committee referral From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

2025-04-23 committee referral From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 840.) (April 22). Re-referred to Com. on APPR.

2025-04-29 committee referral From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

2025-05-23 committee passage From committee: Do pass as amended. (Ayes 6. Noes 0. Page 1187.) (May 23).

2025-05-23 amendment Read second time and amended. Ordered to second reading.

2025-05-27 chamber passage Read second time. Ordered to third reading.

2025-06-09 committee referral Referred to Coms. on JUD., PUB. S., and P. & C.P.

2025-06-17 committee passage From committee: Do pass as amended and re-refer to Com. on PUB. S. (Ayes 11. Noes 0.) (June 17).

2025-06-18 committee referral Read second time and amended. Re-referred to Com. on PUB. S.

2025-07-02 committee referral From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 9. Noes 0.) (July 1). Re-referred to Com. on P. & C.P.

2025-07-10 committee referral From committee with author's amendments. Read second time and amended. Re-referred to Com. on P. & C.P.

2025-07-17 committee passage From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (July 16).

2025-07-17 committee referral Read second time and amended. Re-referred to Com. on APPR.

2025-08-29 committee passage From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 29).

2025-09-02 amendment Read second time and amended. Ordered to second reading.

2025-09-03 chamber passage Read second time. Ordered to third reading.

2025-09-03 amendment Read third time and amended.

2025-09-03 chamber passage Ordered to third reading.

2025-09-13 chamber passage Assembly amendments concurred in. (Ayes 37. Noes 0. Page 3035.) Ordered to engrossing and enrolling.

2025-09-23 chamber passage Enrolled and presented to the Governor at 2 p.m.

2025-10-13 executive action Vetoed by the Governor.

Summary

SB 11 addresses AI-generated digital replicas across four domains. First, it requires any provider of AI technology that enables users to create digital replicas to display a mandated consumer warning about civil and criminal liability for unauthorized use, hyperlinked on every prompt input page and included in terms of service, by December 1, 2026. Second, it amends California's right-of-publicity statute (Civil Code § 3344) to clarify that 'voice' and 'likeness' include AI-generated digital replicas, expanding the existing private right of action. Third, it directs the Judicial Council to develop rules of court by January 1, 2027 for assessing AI-generated or AI-manipulated evidence. Fourth, it amends the Penal Code to clarify that using a digital replica to impersonate another person constitutes false impersonation for purposes of existing criminal statutes. The consumer warning obligation is enforced by public prosecutors with penalties up to $10,000 per day; the right-of-publicity provisions carry a private right of action with a $750 statutory minimum.

Enforcement & Penalties

Enforcement Authority

Civil penalty enforcement by public prosecutors, defined as the Attorney General, city attorney, county counsel, district attorney, or any other city or county prosecutor, by bringing a civil action in any court of competent jurisdiction (Bus. & Prof. Code § 22650(c)). The right-of-publicity cause of action under Civil Code § 3344 is a private right of action available to any person whose name, voice, signature, photograph, or likeness is used without consent. Criminal impersonation provisions under Penal Code § 541 are enforced through standard criminal prosecution.

Penalties

For the consumer warning obligation (Bus. & Prof. Code § 22650), civil penalty not to exceed $10,000 per day that the technology is provided without a consumer warning; no private right of action — enforcement by public prosecutors only. For right-of-publicity violations (Civ. Code § 3344), the greater of $750 or actual damages, plus any profits attributable to the unauthorized use not already counted in actual damages. Punitive damages may also be awarded. Prevailing party entitled to attorney's fees and costs. Injunctive relief and temporary restraining orders available; respondent must complete removal within two business days of service of order. Remedies are cumulative.

Who Is Covered

any person or entity that makes available to consumers any artificial intelligence technology that enables a user to create a digital replica.

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.

What Is Covered

any artificial intelligence technology that enables a user to create a digital replica

Compliance Obligations 4 obligations · click obligation ID to open requirement page

CP-01 Deceptive & Manipulative AI Conduct · CP-01.9 · General Consumer App

Bus. & Prof. Code § 22650(a)-(d)

Plain Language

Any provider of AI technology that enables users to create digital replicas must display the mandated consumer warning — verbatim statutory text about civil and criminal liability — on every page or screen where a user can input a prompt, and include it in the terms and conditions. All warnings must be clear and conspicuous. Failure to comply exposes the provider to civil penalties up to $10,000 per day, enforced by public prosecutors. A narrow carve-out applies for digital replicas created within video games and used solely in gameplay without external distribution. The compliance deadline is December 1, 2026. This maps to CP-01.9 because it is a mandated consumer-facing disclosure about the nature and legal risks of AI-generated output — specifically warning that outputs may implicate another person's rights — though it is a novel form of disclosure not squarely addressed in most other jurisdictions.

Statutory Text

(a) By December 1, 2026, any person or entity that makes available to consumers any artificial intelligence technology that enables a user to create a digital replica shall provide the following consumer warning: "Unlawful use of this technology to depict another person without prior consent may result in civil or criminal liability for the user." (b) The warning shall be hyperlinked on any page or screen where the consumer may input a prompt to the artificial intelligence technology. The warning shall also be included in the terms and conditions for use of the artificial intelligence technology. All warnings shall be displayed in a manner that is clear and conspicuous. (c) Failure to comply with subdivision (a) or (b) is punishable by a civil penalty not to exceed ten thousand dollars ($10,000) for each day that the technology is provided to or offered to the public without a consumer warning. A public prosecutor may enforce this section by bringing a civil action in any court of competent jurisdiction. (d) The warning shall not be required for a digital replica created in a video game where the digital replica is used solely in game play and is not distributed outside of the game.

CP-02 Non-Consensual Intimate Imagery · CP-02.4 · General Consumer App

Civ. Code § 3344(a), (f), (g)

Plain Language

SB 11 amends California's right-of-publicity statute to expressly clarify that 'voice' and 'likeness' include AI-generated digital replicas. This means that any person who knowingly uses another person's AI-generated digital replica — on products, merchandise, or for advertising or soliciting purposes — without prior consent is liable under the same framework that has long applied to traditional photographs and voice recordings. Damages are the greater of $750 or actual damages, plus disgorgement of profits, potential punitive damages, and attorney's fees. The amendment does not create a new cause of action but extends the existing right-of-publicity private cause of action to cover AI-generated content. Exemptions exist for news, public affairs, sports broadcasts, and political campaigns (subdivision (c)), and for advertising media owners/employees absent knowledge (subdivision (e)).

Statutory Text

(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. (f) For the purposes of this section, a voice or likeness includes a digital replica, as defined in Section 3344.1. (g) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.

Other · General Consumer App

Evid. Code § 1425(a)-(b)

Plain Language

The Judicial Council must, by January 1, 2027, review how AI affects the admissibility of evidence in court proceedings and develop any necessary rules of court to help judges evaluate claims that evidence was AI-generated or AI-manipulated. This provision imposes an obligation on the judicial branch — not on AI technology providers or deployers — and creates no private-sector compliance obligation. However, any rules the Judicial Council ultimately adopts could affect how AI-generated content is treated in litigation, which product counsel should monitor.

Statutory Text

(a) By no later than January 1, 2027, the Judicial Council shall review the impact of artificial intelligence on the admissibility of proffered evidence in court proceedings and develop any necessary rules of court to assist courts in assessing claims that proffered evidence has been generated by or manipulated by artificial intelligence and determining whether such evidence is admissible. (b) As used in this section, "artificial intelligence" has the same meaning as in Section 3110 of the Civil Code.

Other · General Consumer App

Penal Code § 541

Plain Language

Using an AI-generated digital replica to impersonate another person now expressly constitutes 'false impersonation' for purposes of California's existing criminal impersonation statutes (Penal Code §§ 528.5, 529, 530, and any other provision requiring false impersonation as an element). This closes a potential defense that AI-generated impersonation is outside the scope of traditional impersonation crimes, but it creates no new affirmative compliance obligation for AI technology providers. Product counsel should be aware that users of AI tools who generate content impersonating real individuals may face criminal liability, which reinforces the importance of the consumer warning obligation under Bus. & Prof. Code § 22650.

Statutory Text

For the purposes of any provision of this code in which the false impersonation of another is a required element, including, without limitation, Sections 528.5, 529, and 530, false impersonation includes the use of a digital replica with the intent to impersonate another.