This chapter shall be known as the California AI Transparency Act.
Chapter 25AI Transparency Act
Section § 22757
This section names the law as the California AI Transparency Act, setting the stage for regulations or guidelines related to AI transparency in California.
California AI Transparency Act AI transparency artificial intelligence regulations guidelines California legislation AI governance legal framework AI policy transparency requirements AI systems accountability technology law California regulation
Section § 22757.1
This section defines key terms related to artificial intelligence (AI) within a specific chapter. It describes 'AI' as a machine-based system that can influence environments through its outputs. A 'covered provider' is someone who creates an AI system with over 1,000,000 users monthly in the state. A 'GenAI system' refers to AI that can generate content like text, images, video, and audio. The terms 'latent' and 'manifest' are explained. 'Metadata' refers to data about other data, and 'personal information' is defined as in the Civil Code. 'Personal provenance data' contains specific user-associated information, while 'provenance data' verifies content authenticity and history. 'System provenance data' includes device or system information that isn't user-specific but shows content authenticity.
As used in this chapter:
(a)CA Business and Professions Code § 22757.1(a) “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.
(b)CA Business and Professions Code § 22757.1(b) “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.
(c)CA Business and Professions Code § 22757.1(c) “Generative
artificial intelligence system” or “GenAI system” means an artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system’s training data.
(d)CA Business and Professions Code § 22757.1(d) “Latent” means present but not manifest.
(e)CA Business and Professions Code § 22757.1(e) “Manifest” means easily perceived, understood, or recognized by a natural person.
(f)CA Business and Professions Code § 22757.1(f) “Metadata” means structural or descriptive information about data.
(g)CA Business and Professions Code § 22757.1(g) “Personal information” has the same meaning as defined in Section 1798.140 of the Civil Code.
(h)CA Business and Professions Code § 22757.1(h) “Personal provenance data” means provenance data
that contains either of the following:
(1)CA Business and Professions Code § 22757.1(h)(1) Personal information.
(2)CA Business and Professions Code § 22757.1(h)(2) Unique device, system, or service information that is reasonably capable of being associated with a particular user.
(i)CA Business and Professions Code § 22757.1(i) “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.
(j)CA Business and Professions Code § 22757.1(j) “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)CA Business and Professions Code § 22757.1(j)(1) Information
regarding the type of device, system, or service that was used to generate a piece of digital content.
(2)CA Business and Professions Code § 22757.1(j)(2) Information related to content authenticity.
artificial intelligence generative AI system metadata personal information provenance data content authenticity covered provider digital content user-associated information training data unique device information content origin system information synthetic content text images video audio
Section § 22757.2
This law requires certain providers to offer a free AI detection tool to users. The tool should identify if content like images, videos, or audio has been created or changed by the provider's AI system, but it should not show personal data. The tool must be available online and must allow uploads or content links. It should also have an interface so it can be used without visiting the provider's site. Providers must gather user feedback to improve the tool and cannot keep personal user information without consent. They must not retain content or personal data longer than necessary, except for user contact information if the user agrees for feedback purposes.
(a)CA Business and Professions Code § 22757.2(a) A covered provider shall make available an AI detection tool at no cost to the user that meets all of the following criteria:
(1)CA Business and Professions Code § 22757.2(a)(1) The tool allows a user to assess whether image, video, or audio content, or content that is any combination thereof, was created or altered by the covered provider’s GenAI system.
(2)CA Business and Professions Code § 22757.2(a)(2) The tool outputs any system provenance data that is detected in the content.
(3)CA Business and Professions Code § 22757.2(a)(3) The tool does not output any personal provenance data that is
detected in the content.
(4)Copy CA Business and Professions Code § 22757.2(a)(4)
(A)Copy CA Business and Professions Code § 22757.2(a)(4)(A) Subject to subparagraph (B), the tool is publicly accessible.
(B)CA Business and Professions Code § 22757.2(a)(4)(A)(B) A covered provider may impose reasonable limitations on access to the tool to prevent, or respond to, demonstrable risks to the security or integrity of its GenAI system.
(5)CA Business and Professions Code § 22757.2(a)(5) The tool allows a user to upload content or provide a uniform resource locator (URL) linking to online content.
(6)CA Business and Professions Code § 22757.2(a)(6) The tool
supports an application programming interface that allows a user to invoke the tool without visiting the covered provider’s internet website.
(b)CA Business and Professions Code § 22757.2(b) A covered provider shall collect user feedback related to the efficacy of the covered provider’s AI detection tool and incorporate relevant feedback into any attempt to improve the efficacy of the tool.
(c)CA Business and Professions Code § 22757.2(c) A covered provider shall not do any of the following:
(1)Copy CA Business and Professions Code § 22757.2(c)(1)
(A)Copy CA Business and Professions Code § 22757.2(c)(1)(A) Except as provided in subparagraph (B), collect or retain personal information from users of the covered provider’s AI detection tool.
(B)Copy CA Business and Professions Code § 22757.2(c)(1)(A)(B)
(i)Copy CA Business and Professions Code § 22757.2(c)(1)(A)(B)(i) A covered provider may collect and retain the contact information
of a user who submits feedback pursuant to subdivision (b) if the user opts in to being contacted by the covered provider.
(ii)CA Business and Professions Code § 22757.2(c)(1)(A)(B)(i)(ii) User information collected pursuant to clause (i) shall be used only to evaluate and improve the efficacy of the covered provider’s AI detection tool.
(2)CA Business and Professions Code § 22757.2(c)(2) Retain any content submitted to the AI detection tool for longer than is necessary to comply with this section.
(3)CA Business and Professions Code § 22757.2(c)(3) Retain any personal provenance data from content submitted to the AI detection tool by a user.
AI detection tool image content video content audio content GenAI system system provenance data personal provenance data publicly accessible security risks upload content API support user feedback personal information retention opt-in contact content retention
Section § 22757.3
This law requires companies that use generative AI (GenAI) systems to create or alter digital content (like images, videos, or audio) to include clear disclosures that the content is AI-generated. These disclosures must be evident and hard to remove. The content should include information like the company name, AI system details, and creation date, and it must be detectable by AI detection tools. If such a system is licensed to someone else, the company must ensure the licensed system can still mark content appropriately. If a licensee changes the system so it can't mark content, the company must cancel the license within 96 hours, and the licensee must stop using it.
(a)CA Business and Professions Code § 22757.3(a) A covered provider shall offer the user the option to include a manifest disclosure in image, video, or audio content, or content that is any combination thereof, created or altered by the covered provider’s GenAI system that meets all of the following criteria:
(1)CA Business and Professions Code § 22757.3(a)(1) The disclosure identifies content as AI-generated content.
(2)CA Business and Professions Code § 22757.3(a)(2) The disclosure is clear, conspicuous, appropriate for the medium of the content, and understandable to a reasonable person.
(3)CA Business and Professions Code § 22757.3(a)(3) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is
technically feasible.
(b)CA Business and Professions Code § 22757.3(b) A covered provider shall 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 meets all of the following criteria:
(1)CA Business and Professions Code § 22757.3(b)(1) To the extent that it is technically feasible and reasonable, the disclosure conveys all of the following information, either directly or through a link to a permanent internet website:
(A)CA Business and Professions Code § 22757.3(b)(1)(A) The name of the covered provider.
(B)CA Business and Professions Code § 22757.3(b)(1)(B) The name and version number of the GenAI system that created or altered the content.
(C)CA Business and Professions Code § 22757.3(b)(1)(C) The time and date of the content’s creation or alteration.
(D)CA Business and Professions Code § 22757.3(b)(1)(D) A unique identifier.
(2)CA Business and Professions Code § 22757.3(b)(2) The disclosure is detectable by the covered provider’s AI detection tool.
(3)CA Business and Professions Code § 22757.3(b)(3) The disclosure is consistent with widely accepted industry standards.
(4)CA Business and Professions Code § 22757.3(b)(4) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.
(c)Copy CA Business and Professions Code § 22757.3(c)
(1)Copy CA Business and Professions Code § 22757.3(c)(1) If a covered provider licenses its GenAI system to a third
party, the covered provider shall require by contract that the licensee maintain the system’s capability to include a disclosure required by subdivision (b) in content the system creates or alters.
(2)CA Business and Professions Code § 22757.3(c)(2) If a covered provider knows that a third-party licensee modified a licensed GenAI system such that it is no longer capable of including a disclosure required by subdivision (b) in content the system creates or alters, the covered provider shall revoke the license within 96 hours of discovering the licensee’s action.
(3)CA Business and Professions Code § 22757.3(c)(3) A third-party licensee shall cease using a licensed GenAI system after the license for the system has
been revoked by the covered provider pursuant to paragraph (2).
AI-generated content manifest disclosure latent disclosure GenAI system AI detection tool third-party licensee content creation date license revocation content alteration unique identifier industry standards user option altered content licensee obligations content marking
Section § 22757.4
If a company breaks the rules in this section, they can be fined $5,000 for each day they’re in violation. These fines can be imposed through a lawsuit filed by local or state legal authorities. If someone sues the company and wins, they can get their legal fees and costs covered. Additionally, if third-party contractors violate specific parts of the rules, authorities can also sue to stop them and recover legal costs.
(a)Copy CA Business and Professions Code § 22757.4(a)
(1)Copy CA Business and Professions Code § 22757.4(a)(1) A covered provider that violates 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.
(2)CA Business and Professions Code § 22757.4(a)(2) A prevailing plaintiff in an action brought pursuant to this subdivision shall be entitled to all reasonable attorney’s costs and fees.
(b)CA Business and Professions Code § 22757.4(b) Each day that a covered provider is in violation of this chapter shall be deemed a discrete violation.
(c)CA Business and Professions Code § 22757.4(c) 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)CA Business and Professions Code § 22757.4(c)(1) Injunctive relief.
(2)CA Business and Professions Code § 22757.4(c)(2) Reasonable attorney’s fees and costs.
civil penalty violation Attorney General city attorney county counsel discrete violation third-party licensee injunctive relief reasonable attorney’s fees reasonable attorney’s costs
Section § 22757.5
This law says that certain rules in this chapter don't apply to products or services that only offer video games, TV shows, streaming, movies, or interactive content that isn't created by users.
This chapter does not apply to any product, service, internet website, or application that provides exclusively non-user-generated video game, television, streaming, movie, or interactive experiences.
non-user-generated content video games television streaming services movies interactive experiences exemption products applications internet websites content platform
Section § 22757.6
This section of the law will start being enforced on January 1, 2026.
This chapter shall become operative on January 1, 2026.
operative date January 1 2026 chapter implementation enforcement start date future effective date law commencement operative provision effective date 2026 enforcement law activation implementation timeline
