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Monday, November 25, 2024

Proposed California AI Bill Contains Whistleblower Provisions - JD Supra

California's SB 1047, also known as the “Safe and Secure Innovation for Frontier Artificial Intelligence Models Act,” has passed the state’s Assembly and Senate and now awaits its fate on Governor Gavin Newsom's desk. By September 30, Governor Newsom must decide whether to sign or veto it.

The bill aims to regulate large language models trained above certain compute and cost thresholds, holding developers liable for the use or modification of their models down the line. Prior to training the models, developers would need to prove that their models would not enable “hazardous capabilities” and implement a host of guardrails to protect against misuse. The new requirements for developing large artificial intelligence models set testing, safety, and enforcement standards.

Whistleblower Protections

The bill contains whistleblower protections for employees who raise concerns to the California Attorney General about risks of critical harm found in the models their companies are building and deploying.

Under the bill, a developer of a covered model or contractor must not prevent employees from disclosing information to the State AG or Labor Commissioner or retaliate against an employee for disclosing information to the AG or Labor Commissioner. An employee retaliated against for blowing the whistle may petition a court for temporary or preliminary injunctive relief.

The AG or Labor Commissioner may publicly release or provide to the Governor any complaint if they determine doing...



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