CA law poised create penalties for digitally cloning dead performers without consent

Sunday, September 1, 2024
California lawmakers approved a host of proposals aiming to regulate the artificial intelligence industry, including a bill that requires consent for the use of a dead performer's likeness for AI-generated digital replicas.

SAG-AFTRA has been pushing for such legislation as a way to help the estates of dead performers maintain some control over "AI-created fakes" and replicas.

The union responded Saturday and called it a win in its ongoing strategy of enhancing performer protections.

The bill is now headed to Gov. Gavin Newsom's desk. He has until Sept. 30 to sign the proposals, veto them or let them become law without his signature.

Newsom signaled in July he will sign a proposal to crack down on election deepfakes but has not weighed in other legislation.



He warned earlier this summer that overregulation could hurt the homegrown industry. In recent years, he often has cited the state's budget troubles when rejecting legislation that he would otherwise support.

Here is a look at some of the AI bills lawmakers approved this year.

Combatting deepfakes



Citing concerns over how AI tools are increasingly being used to trick voters and generate deepfake pornography of minors, California lawmakers approved several bills this week to crack down on the practice.

Lawmakers approved legislation to ban deepfakes related to elections and require large social media platforms to remove the deceptive material 120 days before Election Day and 60 days thereafter. Campaigns also would be required to publicly disclose if they're running ads with materials altered by AI.



A pair of proposals would make it illegal to use AI tools to create images and videos of child sexual abuse. Current law does not allow district attorneys to go after people who possess or distribute AI-generated child sexual abuse images if they cannot prove the materials are depicting a real person.

Tech companies and social media platforms would be required to provide AI detection tools to users under another proposal.

Setting safety guardrails



California could become the first state in the nation to set sweeping safety measures on large AI models.

The legislation sent by lawmakers to the governor's desk requires developers to start disclosing what data they use to train their models. The efforts aim to shed more light into how AI models work and prevent future catastrophic disasters.



Another measure would require the state to set safety protocols preventing risks and algorithmic discrimination before agencies could enter any contract involving AI models used to define decisions.

Protecting workers



Inspired by the months-long Hollywood actors strike last year, lawmakers approved a proposal to protect workers, including voice actors and audiobook performers, from being replaced by their AI-generated clones. The measure mirrors language in the contract the SAG-AFTRA made with studios last December.

State and local agencies would be banned from using AI to replace workers at call centers under one of the proposals.

Keeping up with the technology



As corporations increasingly weave AI into Americans' daily lives, state lawmakers also passed several bills to increase AI literacy.



One proposal would require a state working group to consider incorporating AI skills into math, science, history and social science curriculums. Another would develop guideline on how schools could use AI in the classrooms.



The Associated Press contributed to this report.
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