Cal. BPC § 22757.1 — California Code / Code bpc / Division 8 / Chapter 25 / Section 22757.1
Section 22757.1
Status: in_force

As used in this chapter:

(a) “Artificial intelligence” or “AI” 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) “Capture device” means a device that can record photographs, audio, or video content, including, but not limited to, video and still photography cameras, mobile phones with built-in cameras or microphones, and voice recorders.

(c) (1) “Capture device manufacturer” means a person who produces a capture device for sale in the state.

(2) “Capture device manufacturer” does not include a person exclusively engaged in the assembly of a capture device.

(d) “Covered provider” means a person that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state.

(e) “Digital signature” means a cryptography-based method that identifies the user or entity that attests to the information provided in the signed section.

(f) “Generative artificial intelligence system” or “GenAI system” means an artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system’s training data.

(g) “GenAI hosting platform” means an internet website or application that makes available for download the source code or model weights a generative artificial intelligence system by a resident of the state, regardless of whether the terms of that use include compensation.

(h) (1) “Large online platform” means a public-facing social media platform, file-sharing platform, mass messaging platform, or stand-alone search engine that distributes content to users who did not create or collaborate in creating the content that exceeded 2,000,000 unique monthly users during the preceding 12 months.

(2) “Large online platform” does not include either of the following:

(A) A broadband internet access service, as defined in Section 3100 of the Civil Code.

(B) A telecommunications service, as defined in Section 153 of Title 47 of the United States Code.

(i) “Latent” means present but not manifest.

(j) “Manifest” means easily perceived, understood, or recognized by a natural person.

(k) “Mass messaging platform” means a direct messaging platform that allows users to distribute content to more than 100 users simultaneously.

(l) “Metadata” means structural or descriptive information about data.

(m) “Personal information” has the same meaning as defined in Section 1798.140 of the Civil Code.

(n) (1) “Personal provenance data” means provenance data that contains either of the following:

(A) Personal information.

(B) Unique device, system, or service information that is reasonably capable of being associated with a particular user.

(2) “Personal provenance data” does not include information contained within a digital signature.

(o) “Provenance data” means data that is embedded into digital content, or that is included in the digital content’s metadata, for the purpose of verifying the digital content’s authenticity, origin, or history of modification.

(p) “System provenance data” means provenance data that is not reasonably capable of being associated with a particular user and that contains either of the following:

(1) Information regarding the type of device, system, or service that was used to generate a piece of digital content.

(2) Information related to content authenticity.