Oppose AB-412: Protect AI Innovation in California

Subject: Oppose AB-412: Protect Small Developers and Innovation in AI from Burdensome Compliance

My name is [Full Name], and I am writing to express strong opposition to AB-412. While well-intentioned in its aim to increase transparency in AI, this bill would create an impossible compliance regime that would devastate small AI developers, stifle innovation, and hand long-term advantage to a handful of large tech firms. The documentation mandates in Section 3116(a) and the 30-day response window in Section 3117(a) create overwhelming compliance obligations, especially for small teams or independent developers. These requirements aren’t just difficult—they’re unworkable. Even limiting the obligation to “registered” copyrighted works doesn't help; the U.S. Copyright Office database is not machine-readable or designed for this kind of matching. The concept of “approximate content fingerprinting” in Section 3116(b) is technically vague and practically infeasible, creating legal uncertainty from day one. Section 3119 opens the door to costly and potentially opportunistic litigation, particularly targeting smaller developers who lack legal resources or licensing infrastructure. At the same time, Section 3119.5 provides exemptions that disproportionately benefit large companies—those best positioned to navigate complex compliance regimes and absorb regulatory risk. This bill also conflicts with well-established fair use doctrine and violates the federal preemption of copyright law under the U.S. Constitution. Federal courts are still actively working through how copyright applies to AI training. AB-412 jumps the gun, imposing a vague, state-level compliance regime on an area governed by unsettled federal case law. The broader impact is clear: AB-412 won’t stop AI—it will just consolidate it. Big Tech will continue to operate, protected by resources and legal firepower. Startups, open-source developers, and independent builders will be pushed out or locked into licensing structures they can’t afford. This will reduce innovation, competition, and the diversity of ideas in California’s most important growth sector. I urge you to oppose AB-412 and support alternatives that protect creators without imposing vague, premature, and unworkable rules on an evolving space. Sincerely,