Does California AI Transparency Act (SB 942) require Transparency & Disclosure?

California • phased enforcement

Yes — 3 provisions

Requirements at a glance

This regulation imposes 20 specific requirements for Transparency & Disclosure across 3 provisions:

GenAI Content Provenance Disclosure #

Obligation:
Transparency
enforcing
Effective:
Aug 2, 2026
Risk tier:
general-purpose
Scope:
Covered providers — persons who create, code, or otherwise produce a GenAI system with over 1,000,000 monthly visitors or users that is publicly accessible within California (§ 22757.1(d)); the chapter does not apply to products or services providing exclusively non-user-generated video game, television, streaming, movie, or interactive experiences (§ 22757.5)
high-impact
Operative since 2026-08-02, the same day EU AI Act Article 50 reached general application — AB 853 moved this chapter's date from 2026-01-01 to match. Providers building C2PA-style provenance for one regime largely satisfy the other. Two caveats on this entry: the threshold attaches to the GenAI system, not the parent company, so a large firm's smaller system may fall outside it; and SB 1000, an urgency bill on the Assembly Third Reading File as of 2026-08-03, would delete that threshold and the manifest-disclosure duty with immediate effect on signature (see data/watch-list.md).

Requirements

RequirementDetails
Latent disclosureInclude a latent disclosure in AI-generated image, video, or audio content (or any combination) created by the covered provider's GenAI system, permanent or extraordinarily difficult to remove where technically feasible (§ 22757.3(b))
Latent disclosure contentsWhere technically feasible and reasonable, convey directly or by link to a permanent website: provider name; GenAI system name and version number; time and date of creation or alteration; a unique identifier (§ 22757.3(b)(1))
Self-detectable and standards-alignedThe latent disclosure must be detectable by the provider's own AI detection tool and consistent with widely accepted industry standards (§ 22757.3(b)(2)-(3))
Manifest disclosure optionOffer the user the option to include a manifest disclosure identifying content as AI-generated — clear, conspicuous, medium-appropriate, understandable to a reasonable person, and permanent or extraordinarily difficult to remove (§ 22757.3(a))
Free AI detection toolMake an AI detection tool available at no cost that lets a user assess whether image, video, or audio content was created or altered by the provider's GenAI system (§ 22757.2(a))
Tool output limitsThe tool must output detected system provenance data and must not output personal provenance data (§ 22757.2(a)(2)-(3))
Tool accessibilityThe tool must be publicly accessible (subject to reasonable limits against demonstrable security or integrity risks), accept uploaded content or a URL, and support an API so it can be invoked without visiting the provider's website (§ 22757.2(a)(4)-(6))
Feedback loopCollect user feedback on the tool's efficacy and incorporate relevant feedback into efforts to improve it (§ 22757.2(b))
Data minimisationDo not collect or retain personal information from tool users, except opt-in contact details for feedback used only to improve the tool; do not retain submitted content longer than necessary; do not retain personal provenance data from submitted content (§ 22757.2(c))
Licensee contract dutyContractually require third-party licensees of the GenAI system to maintain its capability to include the latent disclosure (§ 22757.3(c)(1))
96-hour revocationOn knowledge that a licensee modified the system so it can no longer include the latent disclosure, revoke the license within 96 hours (§ 22757.3(c)(2)); the licensee must then cease using the system (§ 22757.3(c)(3))

Penalties

ViolationFine
Per violation$5,000; each day in violation is a discrete violation (§ 22757.4(a)(1), (b))
EnforcementCivil action by the Attorney General, a city attorney, or a county counsel; prevailing plaintiff recovers reasonable attorney's fees and costs (§ 22757.4(a))
Third-party licenseeFor a licensee that removes a required disclosure (§ 22757.3(c)(3)), the AG, city attorney, or county counsel may seek injunctive relief plus fees and costs (§ 22757.4(c))

Platform Content Provenance Detection #

Obligation:
Transparency
pending
Effective:
Jan 1, 2027
Risk tier:
general-purpose
Scope:
Large online platforms — public-facing social media, file-sharing, mass messaging platforms, or stand-alone search engines distributing content users did not create, exceeding 2,000,000 unique monthly users over the preceding 12 months, excluding broadband internet access services and telecommunications services (§ 22757.1(h)); and GenAI hosting platforms — websites or applications making GenAI source code or model weights available for download to state residents (§ 22757.1(g))
upcoming

Requirements

RequirementDetails
Provenance detectionLarge online platforms must detect whether content distributed on the platform carries provenance data compliant with widely adopted specifications (§ 22757.3.1)
User interface disclosureProvide a user interface disclosing whether system provenance data is available for the content (§ 22757.3.1)
Provenance inspectionAllow users to inspect available system provenance data (§ 22757.3.1)
No strippingMust not strip system provenance data or digital signatures, to the extent technically feasible (§ 22757.3.1)
Hosting complianceGenAI system hosting platforms must not knowingly make available a GenAI system that fails to place the required disclosures (§ 22757.3.2)

Penalties

ViolationFine
Per violation$5,000; each day in violation is a discrete violation (§ 22757.4(a)(1), (b))
EnforcementCivil action by the Attorney General, a city attorney, or a county counsel; prevailing plaintiff recovers reasonable attorney's fees and costs (§ 22757.4(a))

Capture Device Latent Disclosure #

Obligation:
Transparency
enacted
Effective:
Jan 1, 2028
Risk tier:
general-purpose
Scope:
Capture device manufacturers, for any capture device first produced for sale in California on or after 2028-01-01; a capture device is any device that records photographs, audio, or video, including cameras, mobile phones with built-in cameras or microphones, and voice recorders (§ 22757.1(b)-(c))
upcomingcross-domain
The provenance chain's other end: the rest of the chapter marks content as synthetic, while this section marks content as camera-captured. It reaches hardware manufacturers rather than AI developers, so it lands on companies that may not otherwise track AI regulation — and default-on embedding (subdivision (a)(2)) is a firmware-level design decision with a long lead time.

Requirements

RequirementDetails
User optionProvide the user with the option to include a latent disclosure in captured content (§ 22757.3.3(a)(1))
Disclosure contentsThe latent disclosure conveys the capture device manufacturer's name, the device name and version number, and the time and date of the content's creation or alteration (§ 22757.3.3(a)(1)(A)-(C))
Default embeddingEmbed latent disclosures in content captured by the device by default (§ 22757.3.3(a)(2))
Feasibility limitCompliance is required only to the extent technically feasible and compliant with widely adopted specifications adopted by an established standards-setting body (§ 22757.3.3(b))

Penalties

ViolationFine
Per violation$5,000; each day a capture device manufacturer is in violation is a discrete violation (§ 22757.4(a)(1), (b))
EnforcementCivil action by the Attorney General, a city attorney, or a county counsel; prevailing plaintiff recovers reasonable attorney's fees and costs (§ 22757.4(a))
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