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DLA Piper: California's SB-1047: Understanding the Safe and Secure Innovation for Frontier AI Act
webLegal analysis from a major law firm on California's SB-1047, relevant for organizations developing frontier AI systems navigating emerging US state-level AI safety regulation; the bill was ultimately vetoed by Governor Newsom in September 2024.
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Importance: 52/100policy briefanalysis
Summary
DLA Piper provides a legal analysis of California's SB-1047, which mandates safety determinations before training frontier AI models, establishes compliance requirements, and creates a new Frontier Model Division within the state's Department of Technology. The article situates the bill within the broader AI regulatory landscape including the EU AI Act, Biden's Executive Order, and state-level legislative activity.
Key Points
- •SB-1047 requires AI developers to make safety determinations before training models, comply with safety requirements, and report AI safety incidents.
- •The bill establishes a new Frontier Model Division within California's Department of Technology to oversee advanced AI models.
- •Civil penalties are introduced for violations, making this one of the more enforceable state-level AI safety proposals.
- •The bill is part of a wave of 190+ AI-related bills in 2023, alongside federal executive orders and the EU AI Act.
- •Analysis is authored by DLA Piper attorneys, offering a legal/compliance perspective on regulatory obligations for AI developers.
Cited by 1 page
| Page | Type | Quality |
|---|---|---|
| Safe and Secure Innovation for Frontier Artificial Intelligence Models Act | Policy | 66.0 |
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- Artificial Intelligence Alert: California’s SB-1047: Understanding the Safe and Secure Innovation for Frontier Artificial Intelligence Act
20 February 2024 • 10 minute read
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# California’s SB-1047: Understanding the Safe and Secure Innovation for Frontier Artificial Intelligence Act
Written by: [Danny Tobey](https://www.dlapiper.com/en/people/t/tobey-danny) [Ashley Carr](https://www.dlapiper.com/en/people/c/carr-ashley) [Karley Buckley](https://www.dlapiper.com/en/people/b/buckley-karley) [Kyle Kloeppel](https://www.dlapiper.com/en/people/k/kloeppel--kyle)
On February 7, 2024, Senator Scott Wiener introduced Senate Bill 1047 (SB-1047) – known as the Known as the Safe and Secure Innovation for Frontier Artificial Intelligence Systems Act (the Act) – into the California State Legislature. Aiming to regulate the development and use of advanced artificial intelligence (AI) models, the Act mandates developers to make certain safety determinations before training AI models, comply with various safety requirements, and report AI safety incidents. It further establishes the Frontier Model Division within the Department of Technology for oversight of these AI models and introduces civil penalties for violations of the Act.
In this alert, we describe the current legal landscape related to AI and how SB-1047 may impact organizations that develop AI systems.
**The AI regulation landscape**
SB-1047 is one of the many AI-related bills currently active in state legislatures across the US, as state lawmakers remain focused on setting the initial rules for AI systems. Much of the regulative activity stems from the potential harms that may be caused by the proliferation of highly advanced AI systems, such as generative AI. Most of the 190 AI-related bills released in 2023 were related to deepfakes, generative AI systems, and the use of AI in the employment context.
Further, in 2023, both President Joe Biden and California’s Governor Gavin Newsom signed Executive Orders related to AI. These two Executive Orders expanded the glut of legal directives surrounding the use and deployment of AI.
- On September 6, 2023, Governor Newsom signed Executive Order N-12-13. This Executive Order emphasized California’s role in the development of generative AI and announced key directives aimed at understanding the risks posed by the emerging technology, ensuring equitable outcomes when it is used, and preparing the state government workforce for its use.
- Following Governor Newsom’s Executive Order, President Biden signed the Executive Order on Safe, Secure and Trustworthy Artificial Intelligence (Whi
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