On January 12, 2024, California state Assembly member Marc Berman introduced a bill that would impose criminal penalties for the creation, distribution, and possession of child sexual abuse material (CSAM) created using artificial intelligence (AI).  The bill would expand California’s definition of “obscene matter” to include “representations of real or fictitious persons generated through the use of artificially intelligent software or computer-generated means, who are, or who a reasonable person would regard as being, real persons under 18 years of age,” including those “engaging in or simulating sexual conduct.”  

In a press release, Assembly Member Berman stated he expects the bill to reach the Assembly floor this March.

You can find a summary of key themes in AI bills introduced by state legislatures in the past year in our blog post here.

Photo of Conor Kane Conor Kane

Conor Kane advises clients on a broad range of privacy, artificial intelligence, telecommunications, and emerging technology matters. He assists clients with complying with state privacy laws, developing AI governance structures, and engaging with the Federal Communications Commission.

Before joining Covington, Conor worked in…

Conor Kane advises clients on a broad range of privacy, artificial intelligence, telecommunications, and emerging technology matters. He assists clients with complying with state privacy laws, developing AI governance structures, and engaging with the Federal Communications Commission.

Before joining Covington, Conor worked in digital advertising helping teams develop large consumer data collection and analytics platforms. He uses this experience to advise clients on matters related to digital advertising and advertising technology.