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California law puts digital fingerprints on AI fakes

California now wants artificial intelligence-made images, videos and recordings to carry a traceable history. The California AI Transparency Act took effect Aug. 2. It requires large generative AI providers to embed hidden provenance information in covered media created by their systems.

That means a suspicious recording may carry clues about which AI system produced it and when. You will no longer have to rely only on how convincing it looks or sounds. Still, these digital fingerprints come with limits. They can reveal details about a file's history, but they cannot determine whether the message inside it is true.

The law also adds requirements for large online platforms beginning in 2027. Newly produced phones, cameras and voice recorders face another set of rules in 2028. Here is how the system will work, where it may fall short and why other states could soon follow California's lead.

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IS CYBERBULLYING HIDING IN YOUR CHILD'S GROUP CHAT?

California enacted the original AI Transparency Act in 2024. State Sen. Josh Becker authored the legislation, known as SB 942. Lawmakers later expanded its reach through AB 853. The law applies to companies that create generative AI systems with more than 1 million monthly visitors or users. Those systems must also be publicly accessible in California.

California calls these companies "covered providers." They must include a hidden disclosure in AI-generated images, video and audio created by their systems. The law calls this a latent disclosure. When technically feasible and reasonable, the disclosure must convey the provider's name, the name and version of the AI system, the date and time the content was created or altered and a unique identifier.

The disclosure must follow widely accepted industry standards. It must also remain permanent or extraordinarily difficult to remove when technically feasible. The law focuses these hidden disclosure requirements on images, video and audio. It does not require the same embedded disclosure in AI-generated text. Covered providers must also offer users the option to add a visible AI label. That notice must clearly identify the content as AI-generated.

Covered AI providers must offer a detection tool at no cost. The tool must let you upload an image, video or audio file. You can also submit a link to content stored online. It then checks whether that provider's own AI system created or altered the material. The tool must display any system provenance information it finds.

However, a detection tool from one AI company may not identify media produced by another company. Therefore, a negative result does not prove that a human created the content. The law also places privacy limits on these tools. Providers generally cannot collect personal information from users. They cannot keep submitted content longer than necessary either. A violation can bring a $5,000 civil penalty. Each day of noncompliance can count as a separate violation for covered providers, large platforms and device manufacturers.

Provenance data acts like a history attached to a digital file. It may identify the system that produced the content. It can also record when someone created or changed the file.

The Coalition for Content Provenance and Authenticity, commonly called C2PA, has developed an open technical standard for this purpose. Its Content Credentials system can preserve information about a file's source and editing history. For example, someone may send you an audio recording that appears to feature a public official. A compatible verification tool could reveal that an AI system generated the recording.

That information might stop you from sharing the clip too quickly. It could also help expose a scammer using a cloned voice. However, provenance data does not judge whether a statement is accurate. C2PA says its system provides evidence about a file's origin and history, but that information alone cannot prove the content is truthful. A real photograph can still appear beside a false caption. Someone can also edit authentic footage to remove important context.

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The next major phase starts Jan. 1, 2027. Large online platforms will have to detect compatible provenance data embedded in content they distribute. The law covers public-facing social media services and file-sharing platforms. It also includes qualifying mass messaging services and stand-alone search engines. A service falls under this section if it exceeded 2 million unique monthly users during the previous 12 months.

Covered platforms must tell users when system provenance data is available. They must also show the name of the AI system or capture device connected to the file, when applicable. In addition, the platform must indicate whether digital signatures are available. Users must have an accessible way to inspect the information. A platform can display the data directly or let the user download a copy that retains it. The platform can also send the user to a separate verification service.

Finally, platforms cannot knowingly strip compatible system provenance data or digital signatures when preserving them is technically feasible. This phase could bring the most noticeable change for everyday users. Most people will not visit a separate verification website for every questionable post. A notice built into a social platform could make checking suspicious content much easier.

Another phase begins Jan. 1, 2028. It covers recording devices first produced for sale in California on or after that date. This includes mobile phones with built-in cameras or microphones. Traditional cameras and voice recorders also fall under the definition. Manufacturers must give users the option to include a hidden disclosure in captured content. They must also embed the disclosure by default when doing so is technically feasible.

The information can include the manufacturer and device model. It may also record the date and time when the device created or altered the content. That could establish a starting point for authentic media. For example, the credential may show that an image began as a photograph captured by a real camera. Later information could reveal whether compatible editing software altered it. Still, the requirement will not update every phone or camera already in use. It applies to covered devices first produced for sale in California beginning in 2028.

Artificial intelligence can produce realistic voices and convincing video faster than lawmakers can update most regulations. Cybercriminals can now fake faces and voices in real time. As CyberGuy previously reported, AI deepfake scams can impersonate trusted executives during live video calls. One documented attack convinced an employee to transfer millions of dollars.

Scammers can also imitate someone you love. An AI voice scam can clone a family member from only a few seconds of public audio. Personal information found online can make the fake emergency even more convincing. California lawmakers have also raised concerns about election misinformation and abusive deepfakes. Generative AI can create fake political audio or video that appears to show a candidate saying something that never happened. It can also help bad actors produce false social media posts quickly. CyberGuy has previously examined how AI and other technology can fuel election-related scams, including deepfake videos and fabricated news.

Federal lawmakers are responding too. Sen. Adam Schiff and Rep. Ro Khanna reintroduced the AI Ads Act on July 27. The proposal would prohibit fraudulent misrepresentation of political candidates or committees through AI-generated content. However, it has not become federal law. A separate bipartisan proposal called the AI Labeling Act was introduced on June 24. It would require visible and machine-readable disclosures on covered AI-generated content. That bill would also require major social platforms and AI developers to work together on authenticity tools. It has not become law either. California's system places identifying information inside compatible files. That data may continue traveling with the content as people download or repost it. However, that protection depends on websites and editing tools preserving the credentials.

BABYLON BEE SUES NEW MEXICO OFFICIALS OVER LAW REQUIRING AI DISCLAIMERS ON POLITICAL SATIRE

Yes, other states are likely to move in the same direction. However, they may not copy California's entire system. Many states already regulate AI-generated political content. Their laws often require a visible disclaimer or restrict deceptive deepfakes near an election. Colorado goes further by requiring metadata in certain political deepfakes. That metadata must identify the tool used and when the content was created. Utah requires tamper-evident digital provenance for some synthetic political media. Its rules can identify who created the content and whether other parties changed it.

Louisiana added disclosure requirements in 2026 for AI-generated telephone campaign communications, including calls that use the voice of a public figure. Other states have chosen narrower rules focused on specific election periods. California's law reaches beyond campaign advertising. It places requirements on major AI providers now, followed by large platforms and newly produced recording devices. The European Union is moving in a similar direction. Article 50 of the EU AI Act became applicable on Aug. 2. Covered AI providers must add machine-readable marks that allow people to detect generated or manipulated content. Deployers also face disclosure requirements for deepfakes.

That overlap may push large technology companies toward broader adoption. A company may find it easier to use one provenance system across its products than to maintain a special version for California. As a result, people nationwide could see some benefits before their own state passes a similar law. Still, that outcome isn’t guaranteed. Enforcement will matter, along with whether popular platforms preserve and clearly display the information.

The new law creates a helpful signal, but several gaps remain. First, missing provenance data does not prove that a human created the file. The media may come from an AI provider that falls below California's size threshold. It could also have been generated before the law became operative. In addition, some editing programs may fail to preserve the information. A scammer could play an AI-generated video on one device and record it with another. That new recording might not retain the original credentials.

Screenshots can also lose embedded information. The same problem may affect compressed copies shared through messaging services. C2PA notes that provenance records can be incomplete. It also warns that a file without Content Credentials should not automatically be treated as untrustworthy. Most importantly, a valid credential does not certify that the message is true. You still need to consider who posted the content and whether another reliable source confirms the claim.

The California AI transparency law gives you another tool when a recording or image feels suspicious. Look for a Content Credentials icon or another provenance notice when a platform displays one. When possible, inspect the original file instead of relying on a screenshot. You can also use a detection tool offered by the AI provider. However, remember that the tool may recognize only content created by that company's system. For messages involving money, contact the person or business through a number you already trust. Do not use contact information included with the suspicious content.

For a claimed political statement, check the official account or website connected to the person shown. Then look for independent reporting from a credible source. Also, watch for pressure to react immediately. Urgency can keep you from noticing that a voice sounds slightly wrong or a video contains visual glitches. For more warning signs, CyberGuy's article on how to spot and stop AI phishing scams explains how to check suspicious messages, voice clones and deepfake video. Finally, do not treat the absence of an AI label as proof that something is real.

California's AI transparency law gives you a practical way to investigate synthetic media. Hidden provenance information may reveal which AI system created a file and when that happened. The platform requirements could have an even greater effect. A built-in notice is easier to use than expecting everyone to locate a separate verification website. Still, digital fingerprints will not eliminate deception. Scammers will look for tools outside the law's reach. Older media will also continue circulating without credentials. California is now testing whether transparency can restore some trust in digital content. Other states are already taking related steps and more are likely to follow.

If an AI-generated recording can influence an election or empty someone's bank account before anyone checks it, should every state require a traceable digital identity? Let us know by writing to us at CyberGuy.com.

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