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 establishes the Department of Industrial Relations in the Labor and Workforce Development Agency to administer and enforce various laws relating to employment and working conditions. This bill would require a business, as defined, to annually provide a notice to the department of all the workplace surveillance tools the employer is using in the workplace. The bill would require the notice to include, among other information, a list of the workplace surveillance tools being used that surveil employees and the categories of information being collected on employees by the workplace surveillance. The bill would also require a business to send the notice to employees and any union that represents employees of the business. The bill would make a business that violates these provisions subject to a civil penalty of $500 per violation. This bill would require the department to submit a report to the Legislature by January 1, 2029, compiling the above-described notices provided by businesses. The bill would require that the report include, among other requirements, a breakdown of notices by industry type.
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.
(1) Existing law, the Digital Financial Assets Law, prohibits a person, on or after July 1, 2026, from engaging in digital financial asset business activity, or holding itself out as being able to engage in digital financial asset business activity, with, or on behalf of, a resident, unless any of certain criteria are met, including that the person is licensed with the Department of Financial Protection and Innovation, as prescribed, or the person submits an application on or before July 1, 2026, and is awaiting approval or denial of that application. This bill would revise the above-described latter criterion to specify that the person submits a completed application, as provided. The Digital Financial Assets Law authorizes the Commissioner of Financial Protection and Innovation to issue a conditional license to an applicant who holds or maintains a license to conduct virtual currency business activity in the State of New York, as specified, provided the license was issued or approved no later than January 1, 2023. This bill would revise the above-described authorization to require that the license be issued or approved no later than January 1, 2025. (2) The Digital Financial Assets Law defines "digital financial asset business activity" to mean any of specified activities, including, among others, exchanging, transferring, or storing a digital financial asset, as specified, or exchanging one or more digital representations of value used within one or more online games, game platforms, or family of games, as provided. This bill would remove exchanging one or more digital representations of value used within one or more online games, game platforms, or family of games from the definition of "digital financial business activity." The bill would specify that a "digital financial asset" does not include, among other things, a transaction in which a merchant grants digital representations of value that primarily relate to an affinity or rewards program, as provided, or a digital representation of value issued by or on behalf of a publisher and used primarily within online games or game platforms and that is not otherwise a digital financial asset. The Digital Financial Assets Law declares that its provisions do not apply to specified activity, including by a person who does not receive compensation for providing digital financial asset products or services or for conducting financial asset business activity or that is engaged in testing products or services with the person's own funds. This bill would specify that the above-described exclusion includes a person who merely retains the ability to terminate, suspend, or interrupt a digital financial transaction solely to prevent unauthorized or fraudulent activity and who is not compensated for that service. The Digital Financial Assets Law prohibits a covered person from exchanging, transferring, or storing a digital financial asset that is a stablecoin or engaging in digital financial asset administration of a stablecoin, as specified, unless certain conditions are met. However, existing law authorizes a covered person to exchange, transfer, or store a stablecoin or engage in digital financial asset administration of that stablecoin, as specified, if the stablecoin is approved by the commissioner and complies with certain requirements, restrictions, or prohibitions established by the commissioner. This bill would repeal the above-described provisions related to stablecoins. (3) The Digital Financial Assets Law requires a licensee to submit an annual report, as provided, containing specified information, including a description of any data security breach or cybersecurity event of the licensee. Existing law requires a licensee to file with the department, as applicable, a report of, among other things, a change in the licensee's business for the conduct of its digital financial asset business activity with, or on behalf of, a resident that meets one of specified criteria, including that the proposed change might raise safety and soundness or operational concerns. This bill would revise the above-described annual report to instead include a description of any material data security breach or cybersecurity event of the licensee. The bill would revise the specified criteria in the requirement to file the above-described report of a change in the licensee's business to instead include that the proposed change might raise material safety and soundness or operational concerns. Before engaging in digital financial asset business activity with a resident, the Digital Financial Assets Law requires a covered person, defined as a person required to obtain a license pursuant to that law, to disclose, as provided, certain information, including the resident's right to at least 14 days' prior notice of specified changes that have a material impact on digital financial asset business activity with the resident, or the policies applicable to the resident's account. Existing law requires a covered exchange, as provided, to certify on a form provided by the department that the covered exchange has taken specified actions, except for any digital financial asset approved for listing on or before January 1, 2023. In a transaction for or with a resident, existing law prohibits the covered exchange from interjecting a third party between the covered exchange and the best market for the digital financial asset in a manner inconsistent with specified requirements. This bill would prohibit the 14-day notice requirement from applying to changes in terms, conditions, or policies that are reasonably necessary to address a risk of loss to the resident or covered person, to the extent that the change does not relate to the fee schedule. The bill would instead exclude from the above-described certification requirement a digital financial asset approved for listing on or before January 1, 2025. The bill would require a covered person to provide and make available an up-to-date description of the order execution practices of the covered person, as specified. The bill would exempt a transaction in which a resident receives stablecoin, as defined, in exchange for legal tender or bank or credit union credit from the above-described prohibition against interjecting a third party. The Digital Financial Assets Law requires an applicant, as provided, to create, and during licensure, maintain in a record specified policies and procedures. Existing law requires these policies and procedures be disclosed separately from other disclosures made available to a resident, as specified, except for, among other things, an adopted information security program or an operational security program. This bill would instead exclude from the above-described requirement to disclose separately from other disclosures programs with information that is sensitive to potential security risks, as specified. 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 vests the Public Utilities Commission with regulatory jurisdiction over public utilities, including electrical corporations and gas corporations, while local publicly owned electric utilities are under the direction of their governing boards. Existing law requires every public utility to furnish and maintain adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities, as are necessary to promote the safety, health, comfort, and convenience of its customers, its employees, and the public. This bill would require the commission, on or before January 1, 2028, to adopt standards for an electrical or gas corporation's use of artificial intelligence models, as provided. The bill would require the commission to direct an electrical or gas corporation to file a plan that demonstrates the corporation's compliance with those standards. The bill would authorize the commission to prohibit an electrical or gas corporation's use of an artificial intelligence model if the commission finds that deployment of the artificial intelligence model would negatively impact the provision of safe, affordable, and reliable electrical or gas service. The bill would require each community choice aggregator and local publicly owned electric utility to adopt a policy regarding its use of an artificial intelligence model that is consistent with the standards. Under existing law, a violation of an order, decision, rule, direction, demand, or requirement of the commission is a crime. Because a violation of a commission action implementing those requirements would be a crime, this bill would impose a state-mandated local program. Additionally, by imposing new duties on local publicly owned electric utilities, the 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 no reimbursement is required by this act for specified reasons.
Existing law requires the Attorney General to establish and maintain various databases and information centers relating to the identification, apprehension, and prevention of crimes, including the Violent Crime Information Center and the Automated Firearms System, among others. Existing law requires a business that controls the collection of a consumer's personal information to delete that information upon the request of the consumer and provides for administrative penalties if the business fails to act on the consumer's request. This bill would, beginning January 1, 2029, require the Department of Justice to establish the Nonconsensual Intimate Image Clearinghouse to allow individuals who were exploited in California to submit a request for the removal of nonconsensual intimate images from covered platforms. The bill would define nonconsensual intimate images to include an authentic image depicting a person nude or engaging in sexual conduct distributed without consent or an image digitally altered or generated by artificial intelligence realistically depicting a person nude or engaged in sexual conduct without consent. The bill would require the department to transmit verified identifiers of images to covered platforms and require those platforms to remove verified matches within 48 hours of receipt and to prevent the images from being uploaded again. The bill would require the department to enforce these provisions and would impose civil penalties for violations. The bill would require a peace officer in the investigation of a specified offense to advise a victim that they may make a request to the clearinghouse pursuant to these provisions and would require a peace officer to provide certain information to the clearinghouse, as specified. By increasing duties for peace officers, 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.
Existing law prohibits the false impersonation of another person in either that person's personal or official capacity with the intent to steal or defraud, as specified. Existing law protects all people from defamation, including libel and slander, as provided. Existing law makes any person who knowingly uses another's name, voice, signature, photograph, or likeness for commercial purposes, as specified, without that person's prior consent liable for damages, as specified. Existing law provides that a party seeking relief pursuant to those provisions may also seek an injunction or temporary restraining order according to specified procedures. This bill would enact the Digital Dignity Act. The act would subject to specified liability a person who, by distributing content with actual knowledge that the content includes a digital replica, is found guilty of violating a criminal provision for which false impersonation of another is a required element, as prescribed, or is found liable in a civil action arising from the use or portrayal through a digital replica, as provided. The Digital Dignity Act would require a large online platform that includes a generative AI tool, as defined, that provides users with the functionality to create a digital replica of other individuals to provide a mechanism for individuals to report content that violates the platform's terms of service or a provision of law relating to the individual's digital replica and to submit to the large online platform any certified court order or judgment ordering the removal of any content involving the individual's digital replica on the platform or finding that content involving the individual's digital replica was defamatory, fraudulent, or any other form of image appropriation not permitted by law, as prescribed. Upon receipt of the court order or judgment, the act would require the large online platform to remove the digital replica and make reasonable efforts to identify and remove any known identical copies. The act would authorize a city attorney or the Attorney General to bring a civil action to enforce these provisions and to seek a specified civil penalty and injunctive relief. The act would require a generative AI tool provider to maintain, for no less than 90 days, records sufficient to allow compliance with a court order issued pursuant to a civil action by the city attorney or Attorney General, as prescribed.
