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AB 316 - Artificial intelligence: defenses (no autonomous-AI defense) (In force since 2026-01-01): Adds Civil Code section 1714.46: a defendant who developed, modified or used AI alleged to have caused harm may not assert that the AI autonomously caused the harm; other defenses and comparative-fault evidence remain available.
6 instruments (6 current) · 4 obligations · 19 claims · 2 milestones
Instruments
- AB 316 - Artificial intelligence: defenses (no autonomous-AI defense) In force since 2026-01-01
Adds Civil Code section 1714.46: a defendant who developed, modified or used AI alleged to have caused harm may not assert that the AI autonomously caused the harm; other defenses and comparative-fault evidence remain available.
- Executive Order 14179 - Removing Barriers to American Leadership in Artificial Intelligence Adopted 2025-01-23; entry into force not recorded
Federal executive order setting the policy of sustaining US global AI dominance and directing an AI Action Plan within 180 days; the baseline deregulatory order that EO 14365 builds on. Directs federal agencies only.
- Executive Order 14365 - Ensuring a National Policy Framework for Artificial Intelligence Adopted 2025-12-11; entry into force not recorded
Federal executive order directing a DOJ AI Litigation Task Force to challenge state AI laws and Commerce to evaluate them; does not itself preempt state law and is binding on federal agencies only.
- Proposed initiative 25-0034A1 - Regulates certain large AI companies (California AI Safety Commission) Draft, no legal force
Proposed initiative statute that would create a seven-member California AI Safety Commission requiring safety plans and pre-notification of capability expansions from certain large AI companies; cleared for signature collection on 2026-02-04 and not on the 2026-06-25 certified ballot list.
- SB 1106 - Agentic artificial intelligence (held in committee 2026) Draft, no legal force
Bill on agentic AI; its last recorded action is a 2026-08-13 hearing at which it was held in committee under submission. No enactment evidenced.
- White House National Policy Framework for AI: Legislative Recommendations (2026-03-20) Published 2026-03-20
White House recommendations to Congress to preempt state AI laws that impose undue burdens, bar state regulation of AI development and bar penalising developers for third-party misuse, while preserving traditional state police powers. Recommendation only; not law.
Obligations
- EO 14365 Sec. 3
The Attorney General must establish within 30 days an AI Litigation Task Force whose sole responsibility is to challenge state AI laws inconsistent with the Order's policy.
- EO 14365 Sec. 4
The Secretary of Commerce must publish within 90 days an evaluation of existing state AI laws identifying onerous laws.
- Civ. Code § 1714.46(b)-(c)
In a civil action, a defendant who developed, modified or used AI alleged to have caused harm may not assert that the AI autonomously caused the harm; other affirmative defenses and comparative-fault evidence are preserved.
- EO 14179 Sec. 4(a)
Within 180 days of the order, the Assistant to the President for Science and Technology, the Special Advisor for AI and Crypto and the Assistant to the President for National Security Affairs, with other White House officials, must develop an AI Action Plan to sustain and enhance US global AI dominance.
Milestones
- DOJ AI Litigation Task Force established by Attorney General memorandum Met
- Commerce evaluation of state AI laws due (90 days from EO; two secondary commentaries say it had not been published; no primary document found) Status not recorded
Claims and evidence (19)
Executive Order 14365 was issued December 11, 2025.
Evidence and sources
- Executive Order 14365 - Ensuring a National Policy Framework for Artificial Intelligence (2025-12-11)
ENSURING A NATIONAL POLICY FRAMEWORK FOR ARTIFICIAL INTELLIGENCE Executive Orders December 11, 2025 Executive Order 14365
- Executive Order 14365 - Ensuring a National Policy Framework for Artificial Intelligence (2025-12-11)
Binding on federal officials; directs, but does not itself effect, preemption of state AI laws.
Evidence and sources
- Executive Order 14365 - Ensuring a National Policy Framework for Artificial Intelligence (2025-12-11)
Within 30 days of the date of this order, the Attorney General shall establish an AI Litigation Task Force (Task Force) whose sole responsibility shall be to challenge State AI laws inconsistent with the policy set forth in section 2 of this order
- Executive Order 14365 - Ensuring a National Policy Framework for Artificial Intelligence (2025-12-11)
Within 90 days of the date of this order, the Secretary of Commerce, consistent with the Secretary's authorities under 47 U.S.C. 902(b)
- Executive Order 14365 - Ensuring a National Policy Framework for Artificial Intelligence (2025-12-11)
The Attorney General must establish within 30 days an AI Litigation Task Force to challenge state AI laws, and Commerce must publish within 90 days an evaluation identifying onerous state AI laws.
Evidence and sources
- Executive Order 14365 - Ensuring a National Policy Framework for Artificial Intelligence (2025-12-11)
Within 30 days of the date of this order, the Attorney General shall establish an AI Litigation Task Force (Task Force) whose sole responsibility shall be to challenge State AI laws inconsistent with the policy set forth in section 2 of this order
- Executive Order 14365 - Ensuring a National Policy Framework for Artificial Intelligence (2025-12-11)
Within 90 days of the date of this order, the Secretary of Commerce, consistent with the Secretary's authorities under 47 U.S.C. 902(b)
- Executive Order 14365 - Ensuring a National Policy Framework for Artificial Intelligence (2025-12-11)
Derived: Probable EO 14365 directs federal action against state AI laws, including California laws, without itself preempting them.
Evidence and sources
- Executive Order 14365 - Ensuring a National Policy Framework for Artificial Intelligence (2025-12-11)
Within 30 days of the date of this order, the Attorney General shall establish an AI Litigation Task Force (Task Force) whose sole responsibility shall be to challenge State AI laws inconsistent with the policy set forth in section 2 of this order
- Executive Order 14365 - Ensuring a National Policy Framework for Artificial Intelligence (2025-12-11)
Within 90 days of the date of this order, the Secretary of Commerce, consistent with the Secretary's authorities under 47 U.S.C. 902(b)
- Executive Order 14365 - Ensuring a National Policy Framework for Artificial Intelligence (2025-12-11)
A proposed initiative creating a California AI Safety Commission was cleared to circulate for signatures on February 4, 2026.
Evidence and sources
- Secretary of State - proposed initiative enters circulation: regulates certain large AI companies (PR26-20, 2026-02-05)
Creates new state agency, the California AI Safety Commission, comprised of seven appointed members with specified expertise, to regulate companies that develop or control advanced AI systems and meet other specified criteria.
- Secretary of State - proposed initiative enters circulation: regulates certain large AI companies (PR26-20, 2026-02-05)
announced that the proponent of a new initiative was cleared to begin collecting petition signatures on February 4, 2026.
- Secretary of State - proposed initiative enters circulation: regulates certain large AI companies (PR26-20, 2026-02-05)
The measure has no force; it is not among the 14 measures the Secretary of State certified for the November 3, 2026 ballot on June 25, 2026.
Evidence and sources
- Secretary of State - proposed initiative enters circulation: regulates certain large AI companies (PR26-20, 2026-02-05)
Creates new state agency, the California AI Safety Commission, comprised of seven appointed members with specified expertise, to regulate companies that develop or control advanced AI systems and meet other specified criteria.
- Secretary of State - measures certified for the November 3, 2026 General Election ballot
announced that 14 measures have qualified for the November 3, 2026, General Election ballot.
- Secretary of State - proposed initiative enters circulation: regulates certain large AI companies (PR26-20, 2026-02-05)
Cleared to begin collecting petition signatures on 2026-02-04.
Evidence and sources
- Secretary of State - proposed initiative enters circulation: regulates certain large AI companies (PR26-20, 2026-02-05)
announced that the proponent of a new initiative was cleared to begin collecting petition signatures on February 4, 2026.
- Secretary of State - proposed initiative enters circulation: regulates certain large AI companies (PR26-20, 2026-02-05)
AB 316 was approved by the Governor on 2025-10-13 as Chapter 672 and added Civil Code section 1714.46.
Evidence and sources
- AB 316 chaptered bill text (Stats. 2025, Ch. 672) - leginfo billNavClient
Approved by Governor October 13, 2025. Filed with Secretary of State October 13, 2025.
- Cal. Civil Code section 1714.46 - code section text
(Added by Stats. 2025, Ch. 672, Sec. 1. (AB 316) Effective January 1, 2026.)
- AB 316 chaptered bill text (Stats. 2025, Ch. 672) - leginfo billNavClient
Civil Code section 1714.46 is codified law.
Evidence and sources
- AB 316 chaptered bill text (Stats. 2025, Ch. 672) - leginfo billNavClient
In an action against a defendant who developed, modified, or used artificial intelligence that is alleged to have caused a harm to the plaintiff, it shall not be a defense, and the defendant may not assert, that the artificial intelligence autonomously caused the harm to the plaintiff.
- Cal. Civil Code section 1714.46 - code section text
(Added by Stats. 2025, Ch. 672, Sec. 1. (AB 316) Effective January 1, 2026.)
- AB 316 chaptered bill text (Stats. 2025, Ch. 672) - leginfo billNavClient
Section 1714.46 took effect January 1, 2026.
Evidence and sources
- Cal. Civil Code section 1714.46 - code section text
(Added by Stats. 2025, Ch. 672, Sec. 1. (AB 316) Effective January 1, 2026.)
- Cal. Civil Code section 1714.46 - code section text
A defendant who developed, modified or used AI alleged to have caused harm may not assert that the AI autonomously caused the harm; other defenses remain available.
Evidence and sources
- AB 316 chaptered bill text (Stats. 2025, Ch. 672) - leginfo billNavClient
In an action against a defendant who developed, modified, or used artificial intelligence that is alleged to have caused a harm to the plaintiff, it shall not be a defense, and the defendant may not assert, that the artificial intelligence autonomously caused the harm to the plaintiff.
- AB 316 chaptered bill text (Stats. 2025, Ch. 672) - leginfo billNavClient
This section does not limit or preclude a defendant from presenting either of the following:
- AB 316 chaptered bill text (Stats. 2025, Ch. 672) - leginfo billNavClient
SB 1106 on agentic AI was held in committee under submission on 13 August 2026.
Evidence and sources
- SB 1106 bill status
|08/13/26|August 13 hearing: Held in committee and under submission.| |08/05/26|August 5 set for first hearing. Placed on suspense file.|
- SB 1106 bill status
Derived: Probable SB 1106 has no legal force; its last recorded action is being held in committee.
Evidence and sources
- SB 1106 bill status
|08/13/26|August 13 hearing: Held in committee and under submission.| |08/05/26|August 5 set for first hearing. Placed on suspense file.|
- SB 1106 bill status
The White House published legislative recommendations for a national AI policy framework dated March 20, 2026.
Evidence and sources
- The White House - National Policy Framework for Artificial Intelligence: Legislative Recommendations (2026-03-20)
Congress should preempt state AI laws that impose undue burdens to ensure a minimally burdensome national standard consistent with these recommendations, not fifty discordant ones.
- The White House - National Policy Framework for Artificial Intelligence: Legislative Recommendations (2026-03-20)
The document recommends that Congress legislate and has no legal effect itself.
Evidence and sources
- The White House - National Policy Framework for Artificial Intelligence: Legislative Recommendations (2026-03-20)
Congress should preempt state AI laws that impose undue burdens to ensure a minimally burdensome national standard consistent with these recommendations, not fifty discordant ones.
- The White House - National Policy Framework for Artificial Intelligence: Legislative Recommendations (2026-03-20)
The recommendations urge Congress to preempt burdensome state AI laws, state regulation of AI development and penalties on developers for third-party misuse.
Evidence and sources
- The White House - National Policy Framework for Artificial Intelligence: Legislative Recommendations (2026-03-20)
Congress should preempt state AI laws that impose undue burdens to ensure a minimally burdensome national standard consistent with these recommendations, not fifty discordant ones.
- The White House - National Policy Framework for Artificial Intelligence: Legislative Recommendations (2026-03-20)
States should not be permitted to regulate AI development, because it is an inherently interstate phenomenon with key foreign policy and national security implications.
- The White House - National Policy Framework for Artificial Intelligence: Legislative Recommendations (2026-03-20)
States should not be permitted to penalize AI developers for a third party's unlawful conduct involving their models.
- The White House - National Policy Framework for Artificial Intelligence: Legislative Recommendations (2026-03-20)
Executive Order 14179 was issued on January 23, 2025.
Evidence and sources
- Executive Order 14179 - Removing Barriers to American Leadership in Artificial Intelligence (2025-01-23)
REMOVING BARRIERS TO AMERICAN LEADERSHIP IN ARTIFICIAL INTELLIGENCE The White House January 23, 2025
- Executive Order 14179 - Removing Barriers to American Leadership in Artificial Intelligence (2025-01-23)
The order sets federal policy and directs federal agencies; it does not itself bind private parties.
Evidence and sources
- Executive Order 14179 - Removing Barriers to American Leadership in Artificial Intelligence (2025-01-23)
Sec. 2. Policy. It is the policy of the United States to sustain and enhance America's global AI dominance in order to promote human flourishing, economic competitiveness, and national security.
- Executive Order 14179 - Removing Barriers to American Leadership in Artificial Intelligence (2025-01-23)
EO 14179 sets the federal policy of sustaining and enhancing US global AI dominance.
Evidence and sources
- Executive Order 14179 - Removing Barriers to American Leadership in Artificial Intelligence (2025-01-23)
Sec. 2. Policy. It is the policy of the United States to sustain and enhance America's global AI dominance in order to promote human flourishing, economic competitiveness, and national security.
- Executive Order 14179 - Removing Barriers to American Leadership in Artificial Intelligence (2025-01-23)