CA AB 1064

Title: Leading Ethical AI Development (LEAD) for Kids Act.
Author: Rebecca Bauer-Kahan

Summary
AB 1064, as amended, Bauer-Kahan. Leading Ethical AI Development (LEAD) for Kids Act. The California AI Transparency Act requires a person that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state to make available an AI detection tool at no cost to the user that, among other things, allows a user to assess whether image, video, or audio content, or content that is any combination thereof, was created or altered by the covered provider’s generative artificial intelligence system. The California Consumer Privacy Act of 2018 prohibits certain businesses from selling or sharing the personal information of consumers if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, if the consumer is at least 13 years of age and less than 16 years of age, or the consumer’s parent or guardian, if the consumer is less than 13 years of age, has affirmatively authorized the sale or sharing of the consumer’s personal information.This bill, the Leading Ethical AI Development (LEAD) for Kids Act, would, among other things related to the use of certain artificial intelligence systems by children, prohibit a developer, as defined, of an artificial intelligence system from knowingly or recklessly using the personal information of a child to train a covered product unless the child, if the child is at least 13 years of age and less than 16 years of age, or the child’s parent or guardian, if the child is less than 13 years of age, has provided consent to the developer to use the child’s personal information for that specific purpose. The bill would also prohibit a developer from designing, coding, substantially modifying, or otherwise producing a covered product that is intended to be used by or on a child in the state. The act would define “covered product” to mean an artificial intelligence system that is a companion chatbot, as defined, that can foreseeably take certain actions with respect to a child or an artificial intelligence system that is used to, among other things, collect or process a child’s biometric information for any purpose other than confirming a child’s identity, with the consent of the child’s parent or guardian, in order to grant access to a service, unlock a device, or provide physical access to an educational institution.The act would authorize the Attorney General to recover a certain civil penalty, as prescribed. The act would authorize a child who suffers actual harm as a result of the use of a covered product, or a parent or guardian acting on behalf of that child, to bring a civil action to recover, among other relief, actual damages.The act would create in the State Treasury the LEAD for Kids AI Fund into which any civil penalty recovered by the Attorney General pursuant to the act is deposited and would make the moneys in the fund available, only upon appropriation by the Legislature, for the purpose of administering the act.

Status
In Senate. Read first time. To Com. on RLS. for assignment.

Bill Documents
CA AB 1064 - 05/23/25 - Amended Assembly
05/23/25 - CA AB 1064 (05/23/25 - Amended Assembly)