This is part of a series from Nelson Mullins' AI Task Force. We will continue to provide additional insight on both domestic and international matters across various industries spanning both the public and private sectors.
Governor Gavin Newsom vetoed the California Artificial Intelligence (AI) Safety Bill, which was seen as a potential blueprint for national AI legislation. The Governor’s veto, however, highlights a critical tension between regulating the use of AI without stifling innovation.
In his veto statement, Newsom expressed concerns that the AI Safety Bill did not adequately differentiate between low- and high-risk AI applications:
“While well-intentioned, [the AI Safety Bill] does not take into account whether an AI system is deployed in high-risk environments, involves critical decision-making or the use of sensitive data. Instead, the bill applies stringent standards to even the most basic functions — so long as a large system deploys it. I do not believe this is the best approach to protecting the public from real threats posed by the technology.”
The AI Safety Bill's broad scope would have applied equally to low-risk AI, such as customer service chatbots, and high-risk systems like those used in healthcare or criminal justice, potentially burdening companies with unnecessary compliance measures.
The same day, Governor Newsom announced a series of initiatives to related to AI. According to the press release, over the past 30 days, Governor Newsom signed 17 bills covering the deployment and regulation of generative AI technology, including:
- AB 1008 by Assemblymember Rebecca Bauer-Kahan (D-Orinda) – Clarifies that personal information under the California Consumer Privacy Act (CCPA) can exist in various formats, including information stored by AI systems. (previously signed)
- AB 1831 by Assemblymember Marc Berman (D-Menlo Park) – Expands the scope of existing child pornography statutes to include matter that is digitally altered or generated using AI.
- AB 1836 by Assemblymember Rebecca Bauer-Kahan (D-Orinda) – Prohibits a person from producing, distributing, or making available the digital replica of a deceased personality’s voice or likeness in an expressive audiovisual work or sound recording without prior consent, except as provided. (previously signed)
- AB 2013 by Assemblymember Jacqui Irwin (D-Thousand Oaks) – Requires AI developers to post information on the data used to train the AI system or service on their websites. (previously signed)
- AB 2355 by Assemblymember Wendy Carrillo (D-Los Angeles) – Requires committees that create, publish, or distribute a political advertisement that contains any image, audio, or video that is generated or substantially altered using AI to include a disclosure in the advertisement disclosing that the content has been so altered. (previously signed)
- AB 2602 by Assemblymember Ash Kalra (D-San Jose) – Provides that an agreement for the performance of personal or professional services which contains a provision allowing for the use of a digital replica of an individual’s voice or likeness is unenforceable if it does not include a reasonably specific description of the intended uses of the replica and the individual is not represented by legal counsel or by a labor union, as specified. (previously signed)
- AB 2655 by Assemblymember Marc Berman (D-Menlo Park) – Requires large online platforms with at least one million California users to remove materially deceptive and digitally modified or created content related to elections, or to label that content, during specified periods before and after an election, if the content is reported to the platform. Provides for injunctive relief. (previously signed)
- AB 2839 by Assemblymember Gail Pellerin (D-Santa Cruz) – Expands the timeframe in which a committee or other entity is prohibited from knowingly distributing an advertisement or other election material containing deceptive AI-generated or manipulated content from 60 days to 120 days, amongst other things. (previously signed)
- AB 2876 by Assemblymember Marc Berman (D-Menlo Park) – Require the Instructional Quality Commission (IQC) to consider AI literacy to be included in the mathematics, science, and history-social science curriculum frameworks and instructional materials.
- AB 2885 by Assemblymember Rebecca Bauer-Kahan (D-Orinda) – Establishes a uniform definition for AI, or artificial intelligence, in California law. (previously signed)
- AB 3030 by Assemblymember Lisa Calderon (D-Whittier) – Requires specified health care providers to disclose the use of GenAI when it is used to generate communications to a patient pertaining to patient clinical information. (previously signed)
- SB 896 by Senator Bill Dodd (D-Napa) – Requires CDT to update report for the Governor as called for in Executive Order N-12-23, related to the procurement and use of GenAI by the state; requires OES to perform a risk analysis of potential threats posed by the use of GenAI to California’s critical infrastructure (w/high-level summary to Legislature); and requires that the use of GenAI for state communications be disclosed.
- SB 926 by Senator Aisha Wahab (D-Silicon Valley) – Creates a new crime for a person to intentionally create and distribute any sexually explicit image of another identifiable person that was created in a manner that would cause a reasonable person to believe the image is an authentic image of the person depicted, under circumstances in which the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. (previously signed)
- SB 942 by Senator Josh Becker (D-Menlo Park) – Requires the developers of covered GenAI systems to both include provenance disclosures in the original content their systems produce and make tools available to identify GenAI content produced by their systems. (previously signed)
- SB 981 by Senator Aisha Wahab (D-Silicon Valley) – Requires social media platforms to establish a mechanism for reporting and removing “sexually explicit digital identity theft.” (previously signed)
- SB 1120 by Senator Josh Becker (D-Menlo Park) – Establishes requirements on health plans and insurers applicable to their use AI for utilization review and utilization management decisions, including that the use of AI, algorithm, or other software must be based upon a patient’s medical or other clinical history and individual clinical circumstances as presented by the requesting provider and not supplant health care provider decision making. (previously signed)
- SB 1288 by Senator Josh Becker (D-Menlo Park) – Requires the Superintendent of Public Instruction (SPI) to convene a working group for the purpose of exploring how artificial intelligence (AI) and other forms of similarly advanced technology are currently being used in education. (previously signed)
- SB 1381 by Senator Aisha Wahab (D-Silicon Valley) – Expands the scope of existing child pornography statutes to include matter that is digitally altered or generated using AI.
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