SB 11: Artificial intelligence technology.

(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 synthetic content, and would clarify that use of such synthetic content, as specified, is deemed to be a false personation 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 employees photograph or likeness.

This bill would clarify that, for purposes of this cause of action, a synthetic voice or likeness that a reasonable person would believe to be a genuine voice or likeness, is deemed to be the voice or likeness of the person depicted. The bill would also remove the provisions establishing the rebuttable presumption when an employees 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 introduction of evidence in court proceedings and develop any necessary rules of court to assist courts in assessing claims that evidence that is being introduced has been generated by or manipulated by artificial intelligence.

(4)Existing law establishes the Department of Consumer Affairs within the Business, Consumer Services, and Housing Agency to protect and promote the interests of consumers. Existing law places certain requirements on various specified businesses, including household movers, tanning facilities, video arcades, and tax preparers.

This bill would require, by December 1, 2026, any person or entity that sells or provides access to any artificial intelligence technology that is designed to create synthetic content, as defined, to provide a consumer warning that misuse of the technology may result in civil or criminal liability for the user. The bill would require the Department of Consumer Affairs to specify the form and content of the consumer warning and post it on a publicly accessible page of its internet website by July 1, 2026. The bill would also impose a civil penalty for violations of the requirement.