Artificial intelligence technology.

Senator Ashby's artificial intelligence technology bill establishes new requirements for AI providers creating digital replicas while expanding legal protections against unauthorized impersonation. The legislation requires companies selling or providing access to AI technology capable of creating digital replicas to issue consumer warnings about potential civil and criminal liability for misuse by December 2026. The Department of Consumer Affairs must specify the warning format by July 2026, with violations subject to civil penalties up to $25,000 per day.

The measure amends California's existing false impersonation laws to explicitly include digital replicas and modifies civil remedies for unauthorized use of a person's likeness. It directs the Judicial Council to evaluate artificial intelligence's impact on evidence admissibility and develop court rules by January 2027 for assessing whether proffered evidence has been generated or manipulated by AI. The bill also updates the state's criminal code to clarify that using digital replicas to impersonate others constitutes false impersonation under relevant statutes.

Under the legislation's civil provisions, individuals whose digital likeness is used without consent may seek actual damages or statutory damages of $750, whichever is greater, plus any profits from the unauthorized use. The law maintains existing exemptions for news reporting, public affairs coverage, sports broadcasts and political campaigns while removing previous presumptions about incidental use of employee likenesses in advertising.