California AB 1836

Amends California Civil Code to require consent for using deceased personalities' likenesses in AI-generated replicas. Exempts certain expressive works. Imposes liability for unauthorized use with fines up to $10,000. Specifies consent requirements and transferrable rights for digital likenesses.

  • Authority: California
  • Parent authority: State governments
  • Jurisdiction: United States
  • Collections: U.S. state and local documents
  • Most recent activity: Enacted
  • Most recent activity date: 2024-09-17

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

  • Compromise of privacy
  • Fraud, scams, and targeted manipulation

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • False or misleading information
  • Overreliance and unsafe use
  • Economic and cultural devaluation of human effort

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document primarily addresses risks related to malicious actors (4.3 - fraud and manipulation through unauthorized digital replicas), privacy concerns (2.1 - unauthorized use of personal likeness), and human-computer interaction issues (5.1 - potential for deceptive AI-generated content). Coverage is concentrated in protecting against misuse of AI-generated digital replicas of deceased personalities.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Information
  • Professional & Technical Services
  • Arts, Entertainment & Recreation

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • Agriculture, Mining, Construction & Manufacturing
  • Trade, Transportation & Utilities
  • Public Administration (excl. National Security)

All other sectors had no coverage in this document.

Sectors Summary

The document primarily governs the Information sector (media production, broadcasting, digital content) and Arts, Entertainment, and Recreation sector (entertainment industry, performing arts). It also has significant implications for Professional and Technical Services (advertising, marketing) and Trade sectors (merchandise, product sales).

Legislative Status

Hard Law

Legislative Status Summary

This is a binding California state statute that amends the Civil Code with mandatory requirements, specific liability provisions, monetary penalties, and enforcement mechanisms through civil litigation.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Summary: The document begins with 'The people of the State of California do enact as follows' and states 'It is the intent of the Legislature to enact legislation', clearly identifying the California Legislature as the proposing body.

Target

  • Entity Types: AI_Developer, AI_Deployer
  • Summary: The law targets 'a person who produces, distributes, or makes available the digital replica of a deceased personality's voice or likeness' and 'a person who uses a deceased personality's name, voice, signature, photograph, or likeness' without consent.

Enforcer

  • Entity Types: AI_Governance_Actor, Affected_Stakeholder
  • Summary: Enforcement occurs through civil litigation brought by injured parties in courts. The law creates a private right of action rather than designating a specific regulatory enforcement body.

Monitor

  • Entity Types: AI_Governance_Actor
  • Summary: The Secretary of State is designated to maintain a public registry of claims to deceased personality rights, though this is primarily administrative rather than active monitoring of compliance.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document primarily addresses the deployment and distribution stages of AI systems that create digital replicas. It focuses on the use and commercial distribution of AI-generated content rather than the development or training phases.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

  • Generative AI

Technical Scope Summary

The document explicitly addresses AI-generated digital replicas of deceased personalities, focusing on computer-generated representations of voice and likeness. It does not mention AI models, systems, or specific technical categories like foundation models or compute thresholds.

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1836
https://agora.eto.tech/instrument/1544
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Document data from AGORA, CSET Emerging Technology Observatory.