California AI Transparency Act (SB 942, as amended by AB 853)
AI Transparency Act
Artificial intelligence
Requires large generative AI providers to embed hidden (latent) provenance disclosures in AI-generated images, video, and audio, offer users a visible disclosure option, and provide a free public AI detection tool that does not collect users' personal information. The law became operative August 2, 2026 after AB 853 delayed it and extended provenance duties to large platforms and device makers.
- Where
- California
- Citation
- Cal. Bus. & Prof. Code 22757-22757.6 (Chapter 25)
- Status
- In force
- In force since
- 2026-08-02
- Last amended
- 2026-01-01
- Enforced by
- California Attorney General, city attorneys, and county counsel
- People can sue
- No
- Penalties
- Civil penalty of $5,000 per violation, each day a discrete violation, plus attorney's fees (22757.4).
- Applies to
- Covered providers: creators of generative AI systems with over 1,000,000 monthly visitors or users publicly accessible in California (22757.1(d))
- Large online platforms (over 2,000,000 monthly users), GenAI hosting platforms, and capture device manufacturers, under duties added by AB 853 with later start dates
What a privacy notice must say
- Offer users the option of a manifest (visible) AI disclosure on generated image, video, or audio content.Cal. Bus. & Prof. Code 22757.3(a) · From 2026-08-02
- Embed a latent disclosure (provider, system and version, time, unique ID) in AI-generated image, video, or audio content.Cal. Bus. & Prof. Code 22757.3(b) · From 2026-08-02
Practices it requires
- Provide a free, publicly accessible AI detection tool that reports system provenance data but not personal provenance data.Cal. Bus. & Prof. Code 22757.2(a) · From 2026-08-02
- Require licensees by contract to keep the disclosure capability and revoke licenses within 96 hours if a licensee disables it.Cal. Bus. & Prof. Code 22757.3(c) · From 2026-08-02
Security duties
- Do not collect or retain personal information from detection-tool users (except opt-in feedback contacts), and do not retain submitted content or personal provenance data longer than necessary.Cal. Bus. & Prof. Code 22757.2(c) · From 2026-08-02
Sources
- Official text
- Cal. Bus. & Prof. Code 22757.1 (California Legislative Information)
- Cal. Bus. & Prof. Code 22757.2
- Cal. Bus. & Prof. Code 22757.3
- Cal. Bus. & Prof. Code 22757.4
- Cal. Bus. & Prof. Code 22757.6 (operative Aug. 2, 2026)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: AB 853's large online platform, GenAI hosting platform, and capture device duties (and their 2027-2028 start dates) were not located in the fetched sections. | SB 1000 (2026), which would revise this Act (remove the user threshold, replace the detection tool with a verification tool), was on the Governor's desk as of 2026-09-25.
Research reference, not legal advice.