AI Frontier Institute

Social media platforms: artificial intelligence models.

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Assembly Bill 2169, the Digital Choice Act, adds Chapter 22.2.10 (commencing with Section 22589.10) to Division 8 of the California Business and Professions Code. The bill establishes new data portability and interoperability rights for consumers interacting with social media companies and AI model deployers. Under Section 22589.12, social media companies and deployers must allow consumers to request copies of their personal information, contextual data, and social graph, and must respond within five business days in a portable, readily usable format. Section 22589.12(c) further requires social media companies to permanently delete a user's personal information and social graph upon request. Section 22589.13 requires social media companies and deployers, to the extent technically feasible, to implement transparent, third-party-accessible interoperability interfaces: social media companies must let users share their social graph with other platforms, and deployers must let users share contextual data with other AI models. These interfaces must use an open protocol as defined in Section 22589.11(f), support real-time data sharing on non-discriminatory terms, and include prominent user consent mechanisms. Section 22589.11 defines key terms, including 'contextual data' (prompts, conversation histories, files, preferences, metadata, and model-generated inferences, but not a deployer's trade secrets), 'social graph' (a user's connections, created content, interactions, and associated metadata, but not private messages), and 'deployer' (a person that makes an AI model available to third parties, but not those who interact solely via APIs or prompting). Under Section 22589.15, the Attorney General is empowered to enforce the chapter, seek injunctive relief, and impose administrative fines of up to $2,500 per violation or $7,500 per intentional violation. Section 22589.14 authorizes the Attorney General to adopt regulations identifying qualifying open protocols, with compliant social media companies receiving a rebuttable presumption of non-discriminatory access.

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