(1) Existing law prohibits the false impersonation of another person in either their personal or official capacity with the intent to steal or defraud, as specified. This bill would define various terms related to artificial intelligence and digital replication, and would clarify that false impersonation includes the use of a digital replica with the intent to impersonate another for purposes of these and other criminal provisions. (2) Existing law creates a civil cause of action against any person who knowingly uses the name, voice, signature, photograph, or likeness of another person, without their consent, for specified purposes. When a photograph or likeness of an employee of the person using the photograph or likeness appearing in an advertisement or other publication is incidental and not essential to the purpose of the publication, existing law establishes a rebuttable presumption affecting the burden of producing evidence that failure to obtain the consent of an employee was not a knowing use of an employee's photograph or likeness. This bill would clarify that, for purposes of this cause of action, a voice or likeness includes a digital replica, as defined. The bill would also remove the provisions establishing the rebuttable presumption when an employee's likeness or photograph appears in an advertisement or other publication. (3) Existing law governs the admissibility of evidence in court proceedings. Existing law prescribes procedures for the authentication of photographs and audio and video recordings. This bill would require the Judicial Council, by no later than January 1, 2027, to review the impact of artificial intelligence on the admissibility of proffered evidence in court proceedings and develop any necessary rules of court to assist courts in assessing claims that proffered evidence has been generated by or manipulated by artificial intelligence and determining whether such evidence is admissible. (4) Existing law, the Unfair Competition Law, establishes a statutory cause of action for unfair competition, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising, and establishes remedies and penalties in that regard, including civil penalties. This bill would require, by December 1, 2026, and except as provided, any person or entity that makes available to consumers any artificial intelligence technology that enables a user to create a digital replica, as defined, to provide a consumer warning that unlawful use of the technology to depict another person without prior consent may result in civil or criminal liability for the user. The bill would require the warning to be hyperlinked on any page or screen where the consumer may input a prompt to the technology and included in the terms and conditions for use of the technology. The bill would also impose a civil penalty for violations of the requirement. This bill would incorporate additional changes to Section 3344 of the Civil Code proposed by SB 683 to be operative only if this bill and SB 683 are enacted and this bill is enacted last.
Existing law generally provides protections for minors on the internet, including the California Age-Appropriate Design Code Act that, among other things, requires a business that provides an online service, product, or feature likely to be accessed by children to do certain things, including estimate the age of child users with a reasonable level of certainty appropriate to the risks that arise from the data management practices of the business or apply the privacy and data protections afforded to children to all consumers and prohibits an online service, product, or feature from, among other things, using dark patterns to lead or encourage children to provide personal information beyond what is reasonably expected to provide that online service, product, or feature or to forego privacy protections. This bill, beginning January 1, 2027, would require, among other things related to age verification with respect to software applications, an operating system provider, as defined, to provide an accessible interface at account setup that requires an account holder, as defined, to indicate the birth date, age, or both, of the user of that device for the purpose of providing a signal regarding the user's age bracket to applications available in a covered application store and to provide a developer, as defined, who has requested a signal with respect to a particular user with a digital signal via a reasonably consistent real-time application programming interface regarding whether a user is in any of several age brackets, as prescribed. The bill would require a developer to request a signal with respect to a particular user from an operating system provider or a covered application store when the application is downloaded and launched. This bill would prohibit an operating system provider or a covered application store from using data collected from a third party in an anticompetitive manner, as specified. This bill would punish noncompliance with a civil penalty to be enforced by the Attorney General, as prescribed. This bill would declare its provisions to be severable.
Existing law authorizes a court to issue a restraining order to a person to prevent abuse, as specified, based on reasonable proof of a past act or acts of abuse. Existing law authorizes the order to be issued solely on the affidavit or testimony of the person requesting the restraining order. Existing law requires a manufacturer of a connected device to equip the device with a reasonable security feature or features that are appropriate to the nature and function of the device, appropriate to the information it may collect, contain, or transmit, and designed to protect the device and information contained in the device from unauthorized access, destruction, use, modification, or disclosure. This bill would authorize a survivor, as defined, or a designated representative of a survivor, to submit a device protection request to an account manager, as defined, seeking to terminate a perpetrator's access to a connected device or associated user account. The bill would define "survivor" for these purposes to mean an individual who has had specified criminal acts committed or allegedly committed against them or who cares for another individual against whom those criminal acts have been committed or allegedly committed, as provided. The bill would require an account manager, within 2 business days of receiving a complete device protection request, to terminate or disable the perpetrator's access to the connected device or user account, or to inform the survivor, in a clear and conspicuous manner, of any methods to reset the device to factory settings or a similar state that removes all account holders, as provided. The bill would specify the requirements for a device protection request and would impose certain requirements on an account manager in processing a request. By providing that a device protection request may include a copy of a signed affidavit, the bill would expand the crime of perjury, and thus impose a state-mandated local program. This bill would require the account manager to clearly describe the process to submit a device protection request on their internet website or mobile application and would prohibit the account manager from providing specified information to the perpetrator. The bill would require an account manager and any officer, director, employee, vendor, or agent thereof to treat any information submitted by a survivor or a designated representative of a survivor as confidential and securely dispose of the information, as provided. This bill would authorize enforcement of these provisions by injunction or civil penalty in any court action by any person injured by a violation of those provisions, the Attorney General, a district attorney, county counsel, a city attorney, or a city prosecutor, against an account manager or perpetrator, as provided. The bill would prohibit a waiver of these prohibitions and would declare that these provisions are severable. Existing law authorizes a court to issue an ex parte order for, among other things, disturbing the peace of the other party. Existing law provides that disturbing the peace of the other party may be committed directly or indirectly, including through the use of a third party, and by any method or through any means including, but not limited to, telephone, online accounts, text messages, internet-connected devices, or other electronic technologies. This bill would provide that, for purposes of those provisions, an internet-connected device includes a connected device as described in the bill. 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.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law generally imposes penalties on a person who negligently, willfully, or maliciously discloses the results of a human immunodeficiency virus (HIV) test to a third party in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, as specified. Existing law, notwithstanding the above-described restrictions, authorizes the recording of the HIV test results by the physician who ordered the test in the test subject's medical record and authorizes other disclosure of the results without written authorization of the test subject, or the subject's representative, to the test subject's providers of health care, excluding a regulated health care service plan, for purposes of diagnosis, care, or treatment of the patient. This bill would authorize a provider of health care to disclose the results of an HIV test that identifies or provides identifying characteristics of a Medi-Cal beneficiary without written authorization of the test subject, or the subject's representative, to the Medi-Cal managed care plan to which the beneficiary is assigned, if applicable, and to external quality review organizations conducting external quality reviews of Medi-Cal managed care plans, for the purpose of administering quality improvement programs, including, but not limited to, value-based payment programs and healthy behavior incentive programs, designed to improve HIV care for Medi-Cal beneficiaries. Under the bill, HIV test results that do not identify or provide identifying characteristics of the test subjects would be authorized for disclosure without written authorization by the Medi-Cal managed care plan to departmental staff for the above-described purpose. The bill would make certain clarifying or declaratory statements with regard to related provisions.
Existing law provides that everyone is responsible not only for the result of their willful acts, but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person. Existing law requires the developer of a generative artificial intelligence system or service that is released on or after January 1, 2022, and made publicly available to Californians for use, to post on the developer's internet website documentation regarding the data used by the developer to train the generative artificial intelligence system or service. Existing law defines "artificial intelligence" for these purposes. This bill would prohibit a defendant who developed, modified, or used artificial intelligence, as defined, from asserting a defense that the artificial intelligence autonomously caused the harm to the plaintiff.
Existing law grants to a depicted individual a cause of action against a person who creates and intentionally discloses sexually explicit material if the person knows, or reasonably should have known, that the depicted individual in that material did not consent to its creation or disclosure or who intentionally discloses sexually explicit material that the person did not create if the person knows the depicted individual in that material did not consent to the creation of the sexually explicit material. Existing law defines "sexually explicit material" for purposes of that provision to mean any portion of an audiovisual work that shows the depicted individual performing in the nude or appearing to engage in, or being subjected to, sexual conduct and defines "depicted individual" to mean an individual who appears, as a result of digitization, to be giving a performance the individual did not actually perform or to be performing in an altered depiction. Existing law authorizes a plaintiff to recover, among other relief, statutory damages of not less than $1,500 but not more than $30,000, or $150,000 for a malicious violation, as prescribed. This bill would revise and recast the provision described above to additionally grant to a depicted individual a cause of action against a person who knows, or reasonably should know, that the depicted individual was a minor when the digitized sexually explicit material was created and would additionally grant a cause of action to that depicted individual against a person who knowingly facilitates or recklessly aids or abets conduct prohibited by that provision. The bill would define "digitized sexually explicit material" to mean any portion of a visual or audiovisual work created or substantially altered through digitization, including an image, that shows the depicted individual in the nude or appearing to engage in, or being subjected to, sexual conduct. This bill would make a person that provides a service that enables the ongoing operation of a deepfake pornography service presumed to be engaged in knowing facilitation or reckless aiding or abetting, as described above, if a depicted individual or public prosecutor provides the person with evidence sufficient to demonstrate that the person is providing services that enable the ongoing operation of a deepfake pornography service that engages in conduct described in the provisions described above, and the person fails to take all necessary steps to stop providing services that enable the ongoing operation of a deepfake pornography service within 30 days of receiving that evidence, as specified. This bill would increase the maximum statutory damages available to a depicted individual to $50,000 if the violation was not malicious and $250,000 for a malicious violation and would authorize certain public attorneys to bring a civil action to enforce these provisions, as specified.
Existing law generally regulates social media platforms, including, among other laws, the Protecting Our Kids from Social Media Addiction Act that prohibits an operator of an addictive internet-based service or application, including a social media platform, from providing an addictive feed, as defined, to a minor user, except as prescribed. This bill would enact the Social Media Warning Law that would require a covered platform, as defined, to display a certain black box warning to certain users each day the user initially accesses the social media platform, again after 3 hours of cumulative active use, and thereafter at least once per hour of cumulative active use, as prescribed. This bill would specify that its provisions shall not be interpreted to serve as the basis for a private right of action, as specified. The bill would make its provisions operative on January 1, 2027, and would declare these provisions severable.
Existing law makes any person who knowingly uses another's name, voice, signature, photograph, or likeness in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without that person's prior consent liable for damages, as specified. This bill would provide that a party seeking relief pursuant to those provisions may also seek an injunction or temporary restraining order according to specified procedures. The bill would require the respondent to comply with the order within 2 business days from the day the order is served, unless otherwise required by the order, if the court grants the applicant a temporary restraining order without notice to the opposing party that requires the respondent to remove, recall, or otherwise cease the publication or distribution of the petitioner's name, voice, signature, photograph, or likeness. The bill would make other nonsubstantive changes. This bill would incorporate additional changes to Section 3344 of the Civil Code proposed by SB 11 to be operative only if this bill and SB 11 are enacted and this bill is enacted last.
The California Consumer Privacy Act of 2018 (CCPA) grants a consumer various rights with respect to personal information that is collected or sold by a business, including the right to request that a business disclose specified information that has been collected about the consumer, to request that a business delete personal information about the consumer that the business has collected from the consumer, and to direct a business not to sell or share the consumer's personal information, as specified. The CCPA defines various terms for these purposes. The California Privacy Rights Act of 2020 (CPRA) , approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA and establishes the California Privacy Protection Agency (agency) and vests the agency with full administrative power, authority, and jurisdiction to enforce the CCPA. Existing law requires a data broker to register with the agency, and defines "data broker" to mean a business that knowingly collects and sells to third parties the personal information of a consumer with whom the business does not have a direct relationship, subject to specified exceptions. Existing law requires a data broker, in registering with the agency, to pay a registration fee in an amount determined by the agency and provide specified information, including, among other things, the name of the data broker and its primary physical, email, and internet website addresses, and whether the data broker collects the personal information of minors, consumers' precise geolocation, or consumers' reproductive health care data. This bill would require a data broker to provide additional information to the agency, including whether the data broker collects consumers' names, dates of birth, ZIP Codes, email addresses, phone numbers, login or account information, various government identification numbers, mobile advertising, connected television, or vehicle identification numbers, citizenship data, union membership status, sexual orientation status, gender identity and gender expression data, biometric data, and up to 3, but no fewer than one, of the most common types of personal information that the data broker collects, as provided. The bill would also require a data broker to provide information regarding whether, in the past year, the data broker shared or sold consumers' data to a foreign actor, as defined, the federal government, other state governments, law enforcement, as provided, or a developer of a GenAI system, as defined. The bill would make changes to the administrative fines and costs that apply to data brokers who fail to register. Existing law requires, beginning January 1, 2026, the California Privacy Protection Agency to establish an accessible deletion mechanism that, among other things, allows a consumer, through a single verifiable consumer request, to request that every data broker that maintains any personal information delete any personal information related to that consumer held by the data broker or associated service provider or contractor. Existing law requires, beginning August 1, 2026, a data broker to access the accessible deletion mechanism at least once every 45 days and, among other things, process a denied request to delete personal information as an opt-out of the sale or sharing of the consumer's personal information under the CCPA, as specified. This bill would require a data broker to process the above-described denied request within 45 days of receiving the request. Existing law requires the agency to create a page on its internet website where registration information provided by data brokers and the accessible deletion mechanism is accessible to the public. This bill would prohibit the agency from making accessible to the public on its internet website information regarding whether the data broker collects consumers' names, dates of birth, zip codes, email addresses, phone numbers, mobile advertising, connected television, or vehicle identification numbers, and the most common types of personal information that it collects. This bill would declare that it furthers the purposes and intent of the CPRA for specified reasons.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing law, in-person, face-to-face contact is not required under the Medi-Cal program when covered health care services are provided by video synchronous interaction, asynchronous store and forward, audio-only synchronous interaction, remote patient monitoring, or other permissible virtual communication modalities, when those services and settings meet certain criteria. Existing law required the department, on or before January 1, 2023, to develop a research and evaluation plan that, among other things, proposes strategies to analyze the relationship between telehealth and access to care, quality of care, and Medi-Cal program costs, utilization, and program integrity. The department created that plan in December of 2022 and published the Biennial Telehealth Utilization Report in April of 2024. This bill, the Telehealth for All Act of 2025, would require the department, commencing in 2028 and every 2 years thereafter, to use Medi-Cal data and other data sources available to the department to produce analyses in a publicly available Medi-Cal telehealth utilization report. The bill would authorize the department to include those analyses in each of the department's Biennial Telehealth Utilization Reports, as specified. The bill would require the analyses to address telehealth access and utilization data, including various metrics on telehealth visits and claims, disaggregated by geographic, demographic, and social determinants of health categories to identify disparities. The bill would require the department to identify additional data elements for inclusion in future reports to help to identify and address access-to-care issues or provide greater insight into utilization of telehealth modalities.
