The California AI Transparency Act requires 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 to make available an AI detection tool at no cost to the user that, among other things, allows a user to assess whether image, video, or audio content, or content that is a combination thereof, was created or altered by that person's generative artificial intelligence system and outputs any system provenance data that is detected in the content.
This bill would additionally require a large online platform, as defined, to, among other things, use a specified label to disclose any machine-readable provenance data detected in content distributed on the large online platform. The bill would also require a capture device manufacturer, with respect to any capture device the capture device manufacturer produces for sale in the state, to, among other things, provide a user with the option to include a latent disclosure in content captured by the capture device that, to the extent that it is technically feasible and reasonable, conveys certain information, including the name of the capture device manufacturer. The bill would define "capture device" to mean 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.
Existing law requires a covered provider to include a latent disclosure in AI-generated image, video, or audio content, or content that is any combination thereof, created by the covered provider's GenAI system that, among other things, conveys certain information and is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.
This bill would prohibit a GenAI system hosting platform, as defined, from making available a GenAI system that does not place disclosures, pursuant to those provisions, that are permanent or extraordinarily difficult to remove into content created or substantially modified by the GenAI system. The bill would prohibit a provider or a distributor of software or online services from making available a system, application, tool, or service that is designed for the primary purpose of removing the latent disclosures.
This bill would declare that its provisions are severable.

Statutes affected:
AB 853: 22757.2 BPC
02/19/25 - Introduced: 22757.2 BPC
03/28/25 - Amended Assembly: 22757.1 BPC, 22757.1 BPC, 22757.4 BPC, 22757.4 BPC, 22757.2 BPC
05/23/25 - Amended Assembly: 22757.1 BPC, 22757.4 BPC