I Build Generative AI Technology: Does California’s New Transparency Requirement Apply to Me?
On September 28, 2024, California Governor Gavin Newson signed into law AB-2013, requiring developers of generative artificial intelligence (AI) models, under certain conditions, to make specific disclosures regarding those models by January 1, 2026. At a high level, the disclosure requirements are directed towards greater transparency regarding what data goes into generative AI systems, especially for developers making AI systems expected to be generally available to the public.
This article is structed as an FAQ to help AI developers understand whether they are obligated by AB-2013 to document their training data, and if so what that documentation looks like.
FAQ
Who is a generative AI model developer?
A developer is a “person, partnership, state or local government agency, or corporation that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public.” Note that the law can be triggered if the developer “substantially modifies” an AI system or service originally developed by an upstream developer or other third party, and covered modification includes retraining or fine tuning of a previously developed or third-party model.
Is my technology even considered generative AI?
Under AB-2013, generative AI is a system that “can generate derived synthetic content, such as text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence’s training data.”
What if I’m offering the technology for free?
Rather than any specific consideration for compensation or commercialization relating to the generative AI model, the key question is whether it is made “publicly available for Californians for use, regardless of whether the terms of that use include compensation.” Thus, it appears that if the generative AI technology is not made publicly available (regardless of commercial considerations), it will not be subject to AB-2013.
In what format is the disclosure supposed to be made?
Documentation regarding the data used by the developer to train the generative AI system or service must be posted on the developer’s website.
What is required to be published?
The full list of information to be documented is provided below; it includes, without limitation, sources or owners of datasets, how they further the intended purpose of the generative AI system, a description of the types of data used, IP considerations (including whether there is data protected by copyright, trademark, or patent, and whether the datasets were purchased or licensed by the developer), and privacy considerations such as whether the datasets include personal information or aggregate consumer information.
Are there exceptions based on what my technology is used for?
Yes, developers are not required to post documentation where (1) the sole purpose of the system is to ensure security and integrity; (2) the sole purpose is the operation of aircraft in the national airspace; or (3) the system is developed for national security, military, or defense purposes that is made available only to a federal entity.
Are there exceptions based on how long my technology has been available?
Yes, the requirement applies to systems or services released on or after January 1, 2022 (not before); this includes modifications such as new releases or new versions in addition to completely new systems.
Full Disclosure Requirement
On or before January 1, 2026, and before each time thereafter that a generative artificial intelligence system or service, or a substantial modification to a generative artificial intelligence system or service, released on or after January 1, 2022, is made publicly available to Californians for use, regardless of whether the terms of that use include compensation, the developer of the system or service shall post on the developer’s internet website documentation regarding the data used by the developer to train the generative artificial intelligence system or service, including, but not be limited to, all of the following:
A high-level summary of the datasets used in the development of the generative artificial intelligence system or service, including, but not limited to:
(1) The sources or owners of the datasets.
(2) A description of how the datasets further the intended purpose of the artificial intelligence system or service.
(3) The number of data points included in the datasets, which may be in general ranges, and with estimated figures for dynamic datasets.
(4) A description of the types of data points within the datasets. For purposes of this paragraph, the following definitions apply:
(A) As applied to datasets that include labels, “types of data points” means the types of labels used.
(B) As applied to datasets without labeling, “types of data points” refers to the general characteristics.
(5) Whether the datasets include any data protected by copyright, trademark, or patent, or whether the datasets are entirely in the public domain.
(6) Whether the datasets were purchased or licensed by the developer.
(7) Whether the datasets include personal information, as defined in subdivision (v) of Section 1798.140.
(8) Whether the datasets include aggregate consumer information, as defined in subdivision (b) of Section 1798.140.
(9) Whether there was any cleaning, processing, or other modification to the datasets by the developer, including the intended purpose of those efforts in relation to the artificial intelligence system or service.
(10) The time period during which the data in the datasets were collected, including a notice if the data collection is ongoing.
(11) The dates the datasets were first used during the development of the artificial intelligence system or service.
(12) Whether the generative artificial intelligence system or service used or continuously uses synthetic data generation in its development. A developer may include a description of the functional need or desired purpose of the synthetic data in relation to the intended purpose of the system or service.
