Existing law, the California Consumer Privacy Act of 2018 (CCPA) , grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to direct a business that collects sensitive personal information about the consumer to limit its use, as prescribed. Existing law defines "sensitive personal information" to mean, among other things, personal information that reveals a consumer's precise geolocation. Existing law, the California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA. This bill would require a business that collects precise geolocation information to prominently display, when information is being collected, a notice to the consumer whose information is being collected that states certain information related to the collection of the information and its use by the business, including the goods or services requested by the consumer for which the business is collecting, processing, or disclosing the geolocation information and a description of how the business will process the geolocation information to carry out those purposes. This bill would prohibit a business that collects precise geolocation information from, among other things, retaining the information longer than necessary to provide the goods or services requested by the consumer or longer than one year after the consumer's last intentional interaction with the business, whichever is earlier. This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.
Existing federal law, through copyright, provides authors of original works of authorship, as defined, with certain rights and protections. Existing federal law generally gives the owner of the copyright the right to reproduce the work in copies or phonorecords and the right to distribute copies or phonorecords of the work to the public. Existing federal law provides that sound recordings fixed before February 15, 1972, are not subject to copyright but are subject to similar rights and protections under the Classics Protection and Access Act. Existing law requires, before each time that a generative artificial intelligence system or service, as defined, or a substantial modification to a generative artificial intelligence system or service, released on or after January 1, 2022, is made available to Californians for use, regardless of whether the terms of that use include compensation, a developer of the system or service to post on the developer's internet website documentation, as specified, regarding the data used to train the generative artificial intelligence system or service. This bill would require a developer of a generative artificial intelligence model to make available on its internet website a mechanism allowing a rights owner to request information about the developer's use of the rights owner's covered materials that would allow the rights owner to provide the developer with, among other things, registration, preregistration, or index numbers for one or more covered materials. The bill would require a developer to document and retain any requests received from rights owners for a specified time period. The bill would, subject to specified exceptions, require a developer to, within 30 days of receiving that request from the rights owner, assess whether the developer used the rights owner's covered materials to develop the model and provide the rights owner with a list of covered materials, as specified. The bill would provide that each day following the 30-day period that a developer fails to provide a rights owner with that information constitutes a discrete violation. The bill would authorize a rights owner who complies with specified requirements for submitting a request that is not provided with information according to these provisions to bring, subject to a certain notice and cure opportunity, a civil action against the developer for specified relief. The bill would provide that its requirements do not apply to a model that meets certain criteria, including, among other things, being trained exclusively using data the developer makes publicly available at no cost to users. The bill would provide that it does not impose liability on a telecommunications service, information service, or cable service provider, as specified. The bill would define various terms for these purposes.
Existing law requires the State Department of Education, on or before January 1, 2024, to develop a plan to expand mental health instruction in California public schools. This bill would require the department, on or before January 1, 2028, to develop a plan to expand digital wellness instruction in California public schools, as provided.
This measure would urge President Donald J. Trump and Congress to protect and maintain the historic investments made possible by the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act of 2022.
Existing law requires, beginning on January 1, 2028, a vehicle with connected vehicle service to clearly indicate to a person who is inside the vehicle when a person who is outside the vehicle has accessed, among other things, connected vehicle location access. For these purposes, existing law defines "connected vehicle service" to mean any capability, including through a software application that is designed to be operated on a mobile device, to remotely obtain data from, or send commands to, a vehicle, and "connected vehicle location access" to mean a type of connected vehicle service that allows a person, who is outside of a vehicle, to view or track the location of the vehicle, as specified. If a vehicle includes connected vehicle location access, existing law requires a covered provider, as defined, to provide a mechanism that can be used by a driver who is inside a vehicle to immediately disable connected vehicle location access. Existing law delays the operation of this requirement depending on whether the vehicle was manufactured prior to, or on or after, January 1, 2028. Unless otherwise provided, a violation of the Vehicle Code constitutes an infraction. This bill would, instead, limit the provisions above to specified vehicles with connected vehicle access. The bill would apply the requirement for a vehicle with connected vehicle service to indicate to a person inside the vehicle if connected vehicle location access is enabled to all vehicles beginning with the 2031 model year. The bill would make this requirement operative beginning with the 2031 model year, for 2028, 2029, and 2030 model year vehicles, as soon as practicable after the vehicle is sold unless technologically infeasible, and on or before July 1, 2027, for 2027 model year or older vehicles unless technologically infeasible. By establishing a new duty on vehicle manufacturers, this bill would expand the general crime applicable to provisions under the Vehicle Code, thereby imposing a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires every videogame retailer to post a sign, within the retail establishment in a prominent area, providing information to consumers about a videogame rating system or notifying consumers that a rating system is available to aid in the selection of a game and to make available to consumers, upon request, information that explains the videogame rating system. Existing law, subject to certain exceptions, prohibits a seller of a digital good, including a digital application or game, from advertising or offering for sale a digital good to a purchaser with the terms "buy," "purchase," or any other term that a reasonable person would understand to confer an unrestricted ownership interest in the digital good, or alongside an option for a time-limited rental, unless the seller receives at the time of each transaction an affirmative acknowledgment from the purchaser, or the seller provides to the consumer before executing each transaction a clear and conspicuous statement, as specified. Existing law defines "digital application or game" to mean any application or game that a person accesses and manipulates using a specialized electronic gaming device, computer, mobile device, tablet, or other device with a display screen, including any add-ons or additional content for that application or game. This bill, with regard to digital games first available for purchase or rereleased for purchase on or after January 1, 2028, and subject to certain exceptions, would require a digital game operator to communicate specified information to purchasers and prospective purchasers of a digital game 60 days before the operator ceases to provide services necessary for the ordinary use of the game. The bill would, beginning on the date an operator ceases to provide services necessary for the ordinary use of the game, require the operator to provide the purchaser with, among other things, an alternate version of, a patch or update to, or a refund for, the game, as provided, and prohibit the operator from selling, leasing, or otherwise distributing a version of the game that cannot be used by a purchaser independent of services controlled by the operator. The bill would authorize the Attorney General or a district attorney to bring a civil action for a violation of these provisions.
Existing law requires, among other things related to ensuring the safety of companion chatbots, an operator to prevent a companion chatbot on its companion chatbot platform from engaging with users unless the operator maintains a protocol for preventing the production of suicidal ideation, suicide, or self-harm content to the user, as specified. This bill, the Preventing AI User Self Endangerment (PAUSE) Act, would require an operator to adopt and make publicly available a policy governing its protocol for identifying and responding to credible crisis expressions and, for each companion chatbot an operator makes available to users in this state, implement a system for monitoring and detecting credible crisis expressions in user conversations with companion chatbots. The bill would require, if the monitoring system detects a credible crisis expression, the operator to take certain actions, including commence a crisis interruption pause, as specified. The bill would define "credible crisis expression" to mean a statement by a user of a companion chatbot that reasonably indicates, as determined through contextual analysis rather than keyword detection alone, intent to harm the user or others. This bill would require an operator of a companion chatbot to document certain information related to credible crisis expressions and crisis interruption pauses and, beginning January 1, 2028, annually report that information to the Office of Suicide Prevention. The bill would provide for its enforcement, as specified.
Existing law requires a state agency or department that utilizes generative artificial intelligence (GenAI) to directly communicate with a person regarding government services and benefits to ensure that those communications include a disclaimer that indicates to the person that the communication was generated by GenAI, as specified, and information describing how a person may contact a human employee of the state agency or department. This bill would instead require that disclaimer when a state agency or department uses GenAI to directly communicate with the public and would define "directly communicate" to mean to use GenAI, instead of a natural person, to communicate directly with a specific member of the public or to communicate a general public announcement, as specified.
Existing law establishes various privacy protections relating to the collection, use, sale, or distribution of personal information, images, or video recordings, including restrictions relating to the retention, access, use, sale, or sharing of images or video recordings collected through the operation of an in-vehicle camera. This bill would prohibit a security surveillance company, as defined, from distributing, selling, or otherwise authorizing a third party to access, use, or distribute content obtained from a consumer's security surveillance system without first obtaining the express consent of the consumer and the adult residents of a residential rental property or upon receipt of an order of a court or arbitrator.
Existing law, the Genetic Information Privacy Act, requires a direct-to-consumer genetic testing company, as defined, to provide a consumer with certain information regarding the company's policies and procedures for the collection, use, maintenance, and disclosure, as applicable, of genetic data, and to obtain a consumer's express consent for collection, use, or disclosure of the consumer's genetic data, as specified. Existing law assesses a civil penalty not to exceed $1,000 for a negligent violation of these provisions, and a civil penalty between $1,000 and $10,000, inclusive, for a willful violation of these provisions. This bill would require all local law enforcement agencies in the state to report to the Attorney General starting July 1, 2027, and annually thereafter, the number of reports filed in the past year on the theft of deoxyribonucleic acid (DNA) and the current status of those cases. The bill would require the Attorney General to, on or before January 1, 2028, report to the Legislature, and post on its internet website, the number of police reports filed on the theft of DNA and the current status of those cases. By increasing duties on local law enforcement, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
