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California Enacts New Law on Generative AI Mandating Training Data Disclosure | Insights

Governor Newsom Signs Landmark Generative AI Law in California

On September 28, 2024, Governor Gavin Newsom enacted AB 2013, a significant piece of legislation addressing generative artificial intelligence (AI) in California. The law, aimed at enhancing transparency, mandates AI developers to disclose critical information about the datasets used to train their systems and services on their websites.

Who is Affected?

The law broadly defines AI developers as individuals, government agencies, or entities that either create or substantially modify AI systems. Substantial modifications include any updates that materially change an AI’s functionality.

Regulation Scope

AB 2013 specifically targets generative AI, which is defined as AI capable of producing synthetic content—like text, images, or audio—mirroring its training data. The law aligns with definitions found in international regulations such as the EU AI Act and the California AI Transparency Act.

Implementation Timeline

The law applies to generative AI released post-January 1, 2022, and developers have until January 1, 2026, to comply with its requirements.

Developer Obligations

Developers must publish detailed documentation about their training datasets on their websites. This includes information on the data’s sources, characteristics, and whether it contains any protected content. Additional disclosures include dataset ownership, modifications, collection periods, and the presence of personal information as defined by the California Consumer Privacy Act.

Exemptions

Certain AI applications, such as those focused solely on security, national defense, or aircraft operation, are exempt from these requirements.

Conclusion

Governor Newsom’s signing of AB 2013 marks a pivotal step in ensuring AI transparency. As companies integrate AI into their operations, they must prioritize data provenance and consider automated technologies for compliance. This law sets the benchmark for responsible AI development, emphasizing accountability within the rapidly evolving tech landscape.

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