Today's Law As Amended


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AB-1791 Digital content provenance.(2023-2024)



As Amends the Law Today


SECTION 1.

 Chapter 11.1 (commencing with Section 21760) is added to Division 8 of the Business and Professions Code, to read:

CHAPTER  11.1. Digital Content Provenance
21760.
 As used in this chapter:
(a) “Copyright management information” has the same meaning as defined in Section 1202 of Title 17 of the United States Code.
(b) “Dark pattern” means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decisionmaking, or choice.
(c) “Express consent” means a user’s affirmative authorization, that is not inferred from inaction, to grant permission in response to a clear, meaningful, and prominent notice that meets all of the following criteria:
(1) The affirmative authorization is in response to a notice that is not contained within a more general notice, agreement, or set of terms and conditions.
(2) The affirmative authorization is in response to a notice conveyed in such a manner that an ordinary consumer would notice and understand it.
(3) The affirmative authorization is not obtained through the use of dark patterns.
(d) “Personal provenance data” means provenance data that contains either of the following:
(1) Personal information, as defined by Section 1798.140 of the Civil Code.
(2) Unique device, system, or service information that is reasonably capable of being associated with a particular user.
(e) “Provenance data” means data that is embedded into digital content, or that is included in the digital content’s metadata, for the purpose of verifying the digital content’s authenticity, origin, or history of modification.
(f) “Social media platform” has the same meaning as defined in Section 22589.
(g) “System provenance data” means provenance data that is not reasonably capable of being associated with a particular user and that contains either of the following:
(1) Information regarding the type of device, system, or service that was used to generate a piece of digital content.
(2) Information that provides proof of content authenticity.
21761.
 (a) (1) Subject to paragraph (2), a social media platform shall redact personal provenance data from content uploaded to the social media platform by a user.
(2) (A) A social media platform may refrain from redacting personal provenance data from content uploaded by a user if either of the following conditions are met:
(i) The social media platform obtains the user’s express consent to forgo redacting personal provenance data in a specific piece of content or batch of content.
(ii) The social media platform obtains the user’s express consent to forgo redacting personal provenance data in all content uploaded by the user.
(B) A social media platform shall not redact personal provenance data that is copyright management information from content uploaded to the social media platform by a user.
(3) (A) A social media platform that obtains a user’s express consent to forgo redacting personal provenance data in content shall allow the user to revoke the user’s express consent at any time through a readily accessible mechanism.
(B) A social media platform shall not be required to redact personal provenance data from content previously uploaded by a user in response to the user revoking the user’s express consent pursuant to this paragraph.
(b) (1) Except as provided in paragraph (2), a social media platform shall not redact system provenance data from content uploaded to the social media platform by a user.
(2) A social media platform that is unable to redact personal provenance data required to be redacted by subdivision (a) from content without also redacting system provenance data from the content shall redact the personal provenance data that is not copyright management information and the system provenance data from the content and shall append a label to the content that meets all of the following criteria:
(A) The label prominently discloses any system provenance data that was redacted by the social media platform.
(B) The label remains appended to the content even if the content is shared, reposted, or otherwise replicated within the social media platform.
(C) The label does not disclose any personal provenance data that was redacted pursuant to subdivision (a).
(c) When content to which a social media platform has appended a label pursuant to paragraph (2) of subdivision (b) is downloaded, shared to an external internet website, or otherwise distributed in a manner that does not permit the social media platform to control how the content is displayed, the social media platform shall embed the information contained in the label into the distributed content or add it to the content’s metadata.
(d) A social media platform shall abide by relevant industry standards to the greatest extent possible when redacting provenance data, labeling content, embedding information into content, or adding information to metadata pursuant to this section.
21762.
 A violation of this chapter shall constitute an unfair business practice punishable pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.
21763.
 This chapter shall become operative on January 1, 2028.