AI Frontier Institute

Artificial intelligence technology.

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California Senate Bill 11 (SB 11), introduced by Senator Ashby and enrolled September 17, 2025, addresses artificial intelligence technology across four main areas. First, Section 1 (Business and Professions Code Chapter 22.6, Section 22650) requires any person or entity that makes AI technology enabling users to create a 'digital replica' available to consumers to display a clear consumer warning by December 1, 2026, stating that unlawful use to depict another person without prior consent may result in civil or criminal liability. The warning must be hyperlinked on any page where a prompt can be entered and included in terms and conditions. Violations carry a civil penalty of up to $10,000 per day, enforceable by a public prosecutor. An exception applies to digital replicas used solely within video game play and not distributed outside the game. Second, Section 2 amends Civil Code Section 3344 to clarify that 'voice or likeness' for purposes of the existing civil cause of action for unauthorized use of a person's identity includes a digital replica as defined in Civil Code Section 3344.1, and removes the prior rebuttable presumption related to employee likenesses appearing in advertisements. Third, Section 3 adds Evidence Code Article 2.5 (Section 1425), directing the Judicial Council to review, by no later than January 1, 2027, the impact of artificial intelligence on the admissibility of evidence in court proceedings and to develop any necessary rules of court for assessing claims that proffered evidence was generated or manipulated by AI. Fourth, Section 4 adds Penal Code Chapter 9 (Section 540–541), defining 'artificial intelligence' and 'digital replica' and clarifying that false impersonation—a required element of existing offenses under Penal Code Sections 528.5, 529, and 530—includes using a digital replica with intent to impersonate another person. Section 5 provides a conditional operative clause coordinating SB 11's amendments to Civil Code Section 3344 with those proposed by SB 683.

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