Obligations Arising From Particular TransactionsArtificial Intelligence Training Data Transparency

Section § 3110

Explanation

This law defines key terms related to artificial intelligence (AI) for the purpose of this title. It explains what 'artificial intelligence' and 'generative artificial intelligence' mean, focusing on their capabilities and functions, such as generating content. It describes who a 'developer' is, detailing entities involved in creating or modifying AI systems for public use. The law also defines 'substantially modifies' as changes that alter the AI's function, and explains 'synthetic data generation' as creating artificial data from seed data. Lastly, it clarifies what it means to 'train a generative AI system,' including activities like testing and fine-tuning.

For purposes of this title, the following definitions shall apply:
(a)CA Civil Law Code § 3110(a) “Artificial intelligence” 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 Civil Law Code § 3110(b) “Developer” means a person, partnership, state or local government agency, or corporation that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public. For purposes of this subdivision, “members of the public” does not include an affiliate as defined in subparagraph (A) of paragraph (1) of subdivision (c) of Section 1799.1a, or a hospital’s medical staff member.
(c)CA Civil Law Code § 3110(c) “Generative artificial intelligence” means artificial intelligence that can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence’s training data.
(d)CA Civil Law Code § 3110(d) “Substantially modifies” or “substantial modification” means a new version, new release, or other update to a generative artificial intelligence system or service that materially changes its functionality or performance, including the results of retraining or fine tuning.
(e)CA Civil Law Code § 3110(e) “Synthetic data generation” means a process in which seed data are used to create artificial data that have some of the statistical characteristics of the seed data.
(f)CA Civil Law Code § 3110(f) “Train a generative artificial intelligence system or service” includes testing, validating, or fine tuning by the developer of the artificial intelligence system or service.
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Section § 3111

Explanation

This law requires developers of generative artificial intelligence systems in California to publish detailed information on the data used to train their AI systems. This includes providing a summary of the datasets, details about data sources, types of data, any legal protections, and modifications made. They must disclose whether personal or synthetic data is used, and when the data was collected and first used. However, developers do not need to provide this documentation for AI systems designed solely for security, airspace operations, or specific federal uses like national security.

On or before January 1, 2026, and before each time thereafter that a generative artificial intelligence system or service, or a substantial modification to a generative artificial intelligence system or service, released on or after January 1, 2022, is made publicly available to Californians for use, regardless of whether the terms of that use include compensation, the developer of the system or service shall post on the developer’s internet website documentation regarding the data used by the developer to train the generative artificial intelligence system or service, including, but not be limited to, all of the following:
(a)CA Civil Law Code § 3111(a) A high-level summary of the datasets used in the development of the generative artificial intelligence system or service, including, but not limited to:
(1)CA Civil Law Code § 3111(a)(1) The sources or owners of the datasets.
(2)CA Civil Law Code § 3111(a)(2) A description of how the datasets further the intended purpose of the artificial intelligence system or service.
(3)CA Civil Law Code § 3111(a)(3) The number of data points included in the datasets, which may be in general ranges, and with estimated figures for dynamic datasets.
(4)CA Civil Law Code § 3111(a)(4) A description of the types of data points within the datasets. For purposes of this paragraph, the following definitions apply:
(A)CA Civil Law Code § 3111(a)(4)(A) As applied to datasets that include labels, “types of data points” means the types of labels used.
(B)CA Civil Law Code § 3111(a)(4)(B) As applied to datasets without labeling, “types of data points” refers to the general characteristics.
(5)CA Civil Law Code § 3111(a)(5) Whether the datasets include any data protected by copyright, trademark, or patent, or whether the datasets are entirely in the public domain.
(6)CA Civil Law Code § 3111(a)(6) Whether the datasets were purchased or licensed by the developer.
(7)CA Civil Law Code § 3111(a)(7) Whether the datasets include personal information, as defined in subdivision (v) of Section 1798.140.
(8)CA Civil Law Code § 3111(a)(8) Whether the datasets include aggregate consumer information, as defined in subdivision (b) of Section 1798.140.
(9)CA Civil Law Code § 3111(a)(9) Whether there was any cleaning, processing, or other modification to the datasets by the developer, including the intended purpose of those efforts in relation to the artificial intelligence system or service.
(10)CA Civil Law Code § 3111(a)(10) The time period during which the data in the datasets were collected, including a notice if the data collection is ongoing.
(11)CA Civil Law Code § 3111(a)(11) The dates the datasets were first used during the development of the artificial intelligence system or service.
(12)CA Civil Law Code § 3111(a)(12) Whether the generative artificial intelligence system or service used or continuously uses synthetic data generation in its development. A developer may include a description of the functional need or desired purpose of the synthetic data in relation to the intended purpose of the system or service.
(b)CA Civil Law Code § 3111(b) A developer shall not be required to post documentation regarding the data used to train a generative artificial intelligence system or service for any of the following:
(1)CA Civil Law Code § 3111(b)(1) A generative artificial intelligence system or service whose sole purpose is to help ensure security and integrity. For purposes of this paragraph, “security and integrity” has the same meaning as defined in subdivision (ac) of Section 1798.140, except as applied to any developer or user and not limited to businesses, as defined in subdivision (d) of that section.
(2)CA Civil Law Code § 3111(b)(2) A generative artificial intelligence system or service whose sole purpose is the operation of aircraft in the national airspace.
(3)CA Civil Law Code § 3111(b)(3) A generative artificial intelligence system or service developed for national security, military, or defense purposes that is made available only to a federal entity.
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