California AI Transparency Act.

The document was reformatted from an official chaptered legislative document (with page numbers, authentication headers, and 'STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGISLATION MATERIAL' markings) to a web page rendering that includes website navigation elements such as skip links, FAQ, feedback, sitemap, login, and bill tracking options. The underlying legal text is unchanged.

Header changed from enrolled bill format (Assembly/Senate passage certifications) to chaptered law format with Chapter 674 designation and Governor's approval date of October 13, 2025.

Page numbering changed from 'AB 853' references to 'Ch. 674' references throughout the document.

The entire Section 22757.2 requirement for covered providers to make available a free AI detection tool (with API access, user feedback collection, and privacy protections) was removed from the bill.

New Section 22757.3.2 prohibits GenAI hosting platforms from making available any GenAI system that does not embed disclosures that are permanent or extraordinarily difficult to remove into AI-created or substantially modified content.

Capture device manufacturer obligations were substantially expanded: they must now embed latent disclosures in captured content by default (previously only an opt-in option), inform users of provenance settings on first use, display a clear indicator when provenance data is active, provide the latent disclosure option in both default and third-party capture apps, and allow opt-out based on standard-setting body guidelines.

Large online platforms must now use a conspicuous label disclosing machine-readable provenance data in distributed content, indicating whether provenance data is available, the name and version of the GenAI system used, and whether digital signatures are present. They must also allow users to inspect provenance information easily and must not strip system provenance data or digital signatures from content.

New Section 22757.3.2(b) prohibits providers or distributors of software or online services from making available any tool, application, or service designed for the primary purpose of removing latent disclosures applied under this chapter.

New definition of 'GenAI hosting platform' added: an internet website that makes a GenAI system available for use by a state resident, regardless of whether compensation is involved.

New definition of 'digital signature' added: a cryptography-based method identifying the user or entity attesting to information in the signed section.

The definition of 'personal provenance data' now explicitly excludes information contained within a digital signature, meaning such information is not subject to the privacy restrictions on personal provenance data.

The definition of 'large online platform' was expanded to include web browsers, in addition to social media platforms, content-sharing platforms, messaging platforms, advertising networks, and standalone search engines.

The fiscal committee designation changed from 'no' to 'yes', indicating the bill now requires fiscal committee review, likely due to the expanded regulatory obligations.

A severability clause (Section 5) was added, stating that if any provision is held invalid, the remaining provisions continue in effect.

The overall effective date of the California AI Transparency Act is delayed from January 1, 2026 to August 2, 2026.

Large online platform requirements (Section 22757.3.1) now have an explicit operative date of January 1, 2027.

GenAI hosting platform prohibitions (Section 22757.3.2) now have an explicit operative date of January 1, 2027.

Capture device manufacturer obligations now apply only to devices first produced for sale in the state on or after January 1, 2028, rather than all devices produced for sale.

Large online platforms now explicitly exclude broadband internet access services (as defined in Civil Code Section 3100) and telecommunications services (as defined in Title 47 U.S.C. Section 153).

'Capture device manufacturer' definition now excludes persons exclusively engaged in the assembly of a capture device, narrowing who is covered.

Large online platforms must now detect whether provenance data compliant with widely adopted specifications from an established standards-setting body is embedded in or attached to content distributed on the platform.

Large online platforms must provide a user interface that reliably indicates whether content was generated or substantially altered by a GenAI system or captured by a capture device, and allow users to inspect all available compliant system provenance data via direct UI, download, or link.

The prohibition on large online platforms stripping provenance data now applies only 'to the extent technically feasible' and only to provenance data that is 'compliant with widely adopted specifications adopted by an established standards-setting body,' and requires the act be done 'knowingly.'

GenAI hosting platform prohibition now includes a 'knowingly' qualifier, meaning platforms are only liable if they knowingly make available a GenAI system lacking proper disclosures.

New subsection added to Section 22757.3.3: capture device manufacturers must comply only to the extent technically feasible and compliant with widely adopted specifications from an established standards-setting body.

New definition of 'mass messaging platform' added: a direct messaging platform that allows users to distribute content to more than 100 users simultaneously. This replaces the broader 'messaging platform' term in the large online platform definition.

'GenAI hosting platform' definition expanded from 'internet website' to 'internet website or application that makes available for download the source code or model weights,' broadening which platforms are covered.

'Large online platform' definition updated: 'content-sharing' becomes 'content-sharing file-sharing,' 'messaging platform' replaced with 'mass messaging platform,' and 'web browser' changed to 'web browser engine.'

New Section 22757.3.3 creates a standalone set of requirements for capture device manufacturers with an operative date of January 1, 2028, delaying compliance obligations by several years compared to the rest of the bill.

The requirement for large online platforms to 'retain any available provenance data in content provided to, or posted on' the platform is removed. Platforms now only need to label detected provenance data and allow users to inspect it, without an obligation to store it.

The requirement for capture device manufacturers to 'ensure secure hardware-based provenance capture is available to third-party applications' is reworded as 'make secure hardware-based provenance data capture available to third-party applications,' shifting from an assurance obligation to a provision obligation.

Capture device manufacturer obligations are moved from a subsection of Section 22757.3.1 (which applies to large online platforms) into their own section (22757.3.3), separating them from platform requirements and giving them a distinct compliance timeline.

Section 22757.4(a)(1) changes the penalty trigger from 'a covered provider, large online platform, or capture device manufacturer that violates' to 'a violator of this chapter,' broadening the enforcement language to potentially cover any entity subject to the chapter.

The bill now amends Sections 22757.1 and 22757.4 of, and adds Section 22757.3.1 to, the Business and Professions Code, rather than only amending Section 22757.2. This expands the bill from a single provision to a multi-section regulatory framework.

A new definitions section (Section 22757.1) is added with 13 defined terms including 'capture device,' 'capture device manufacturer,' 'large online platform' (defined as a public-facing social media, content-sharing, messaging platform, advertising network, or standalone search engine exceeding 2,000,000 unique monthly users during the preceding 12 months), 'provenance data,' 'system provenance data,' and 'personal provenance data.'

A new Section 22757.3.1 requires large online platforms to (1) retain any available provenance data in content provided to or posted on the platform, and (2) make available to consumers either the provenance data itself or a conspicuous indicator that provenance data is available.

A new Section 22757.3.1 requires capture device manufacturers to (1) include in the default capture app the ability for users to enable inclusion of provenance data in captured content, and (2) ensure secure hardware-based provenance capture is available to third-party applications.

Section 22757.4 enforcement provisions are expanded to cover violations by large online platforms and capture device manufacturers in addition to covered providers. The $5,000 per-violation civil penalty and per-day discrete violation rule now apply to all three actor types. A new provision allows the Attorney General or local counsel to seek injunctive relief and attorney's fees for third-party licensee violations.

The fiscal committee designation changed from 'no' to 'yes,' indicating the amendment introduces a state-mandated program with fiscal impact that requires fiscal committee review.