California Governor Signs AI Protection Bills — THE Journal

Politics and financing

California Governor Signs AI Protection Bills

• By John K. Waters
• 24.09.24

California Gov. Gavin Newsom has officially signed a series of groundbreaking AI bills into law, signaling the state’s latest efforts to regulate the emerging technology, particularly in response to the misuse of sexually explicit deepfakes. The legislation aims to mitigate the risks posed by AI-generated content as concerns grow about the technology’s potential to manipulate images, videos and voices in ways that could cause significant harm.

The new measures come at a time when deepfakes — digitally altered media that can reproduce the likenesses of real people — are spreading, raising concerns about their potential to deceive, defame and harass individuals. The three bills signed by Newsome aim to directly address these concerns by establishing a legal framework and mandates to hold AI creators and social media companies accountable.

“We live in an era where digital tools like AI have enormous power, but they can also be abused against other people,” Newsom said in a statement. “We are stepping in to protect Californians.”

Combating the use of deepfakes

One key piece of legislation is SB 926, which explicitly criminalizes the creation and distribution of sexually explicit deepfakes that appear convincingly real and cause the person depicted in the image to experience “severe emotional distress.” Violators could face stiff penalties under the new law, a significant step in deterring such digital exploitation.

SB 981 requires social media platforms to establish a streamlined process for users to report sexually explicit deepfakes of themselves. The bill requires platforms to promptly investigate and temporarily block flagged content while an investigation is ongoing. The provision aims to curb the rapid spread of harmful deepfakes that can destroy reputations within moments of being posted online.

The third law, SB 942, focuses on transparency, mandating that AI-generated content must include clear disclosure. The law aims to help users more easily identify images or videos that have been altered by AI, ensuring that the public can distinguish real content from AI-generated content, reducing the likelihood that people will be misled by sophisticated forgeries.

Broader AI regulation on the horizon

While these bills mark important steps in curbing AI misuse, a broader AI regulation known as the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act (SB-1047) remains in limbo. The bill, passed by the California state legislature last month, would impose more comprehensive regulations on AI development, particularly targeting frontier models that push the boundaries of what AI can achieve.

Gov. Newsom has until Sept. 30 to sign or veto the bill, which has divided lawmakers, AI researchers and tech companies. Supporters say the bill is necessary to put safeguards in place to prevent further development of AI technologies, while critics warn that overregulation could stifle innovation and economic growth in California’s AI sector.

Silicon Valley’s Position

But Silicon Valley is particularly concerned about the potential chilling effects of the new legislation, with AI startups and big tech companies worried that overly strict laws could stifle the development of cutting-edge AI systems and limit the country’s competitive advantage in this rapidly evolving field.

But advocates of the legislation say responsible AI development must balance innovation with responsibility. Lawmakers in favor of the bill emphasize the need for safeguards to prevent AI from being weaponized, whether through malicious deepfakes, algorithmic biases or misuse of personal data.

Asked about the legislation earlier this week, Newsom remained noncommittal, saying only that the bill “will be evaluated on its own merits.” The governor, who has historically been cautious about imposing regulations that could curb the growth of the tech sector, is facing increasing pressure from both sides of the debate.

The way forward

California’s new AI laws reflect a growing consensus among lawmakers and citizens that AI needs guardrails, especially as the technology becomes more embedded in everyday life. While debate over broader regulation continues, the bills signed this week represent a decisive step to protect individuals from the most harmful uses of AI-generated media.

As deepfakes and other AI technologies become more advanced, policymakers will likely continue to grapple with how to balance the promise of AI with the risks it poses. With California leading the way, the rest of the country — and the world — will be watching closely to see how these regulations evolve in the future.