United States – California: Prohibited Practices

9 instruments (8 current) · 9 obligations · 32 claims · 0 milestones

Instruments

• AB 1159 - Student personal information (bar on using student data to train AI) Adopted 2026-09-10; valid from 2027-01-01

  Amends KOPIPA and ELPIPA so operators of school-purpose sites and services may not use covered student information to train a generative AI system or service or to develop an AI system; creates the Higher Education Student Information Protection Act (operative 1 July 2027); gives harmed students a private action with a 60-day notice and cure step.

  Binding · Authority: California State Legislature · Verified 8 Oct 2026 · Official text
• AB 1883 - Workplace surveillance tools using AI Adopted 2026-09-30; valid from 2027-01-01

  Prohibits employers from using AI workplace surveillance tools to infer employees' emotional state or to collect neural data, with penalties up to $500 per violation.

  Binding · Authority: Labor Commissioner (Division of Labor Standards Enforcement), Public prosecutors (district attorneys, city attorneys, county counsel) · Verified 8 Oct 2026
• AB 325 - Cartwright Act: common pricing algorithms Adopted 2025-10-06; valid from 2026-01-01

  Adds Business and Professions Code section 16729 making it unlawful to use or distribute a common pricing algorithm as part of a restraint of trade, or to coerce adoption of its recommended prices; adds a plausibility pleading standard for Cartwright Act complaints.

  Binding · Authority: California Department of Justice - Office of the Attorney General · Verified 8 Oct 2026 · Official text
• AB 489 - AI systems implying healthcare licensure Adopted 2025-10-11; valid from 2026-01-01

  Extends health-profession title protections to developers and deployers of AI or GenAI that use protected terms or phrases implying a healthcare licence.

  Binding · Authority: Health care professional licensing boards · Verified 8 Oct 2026
• AB 621 - Deepfake pornography (Civil Code section 1708.86) Adopted 2025-10-13; valid from 2026-01-01

  Amends Civil Code section 1708.86: extends the cause of action over sexually explicit deepfakes to those who knowingly facilitate or recklessly aid deepfake pornography services, presumes service providers liable if they do not stop within 30 days of evidence, raises statutory damages to $50,000 ($250,000 if malicious) and lets public attorneys sue.

  Binding · Authority: California Department of Justice - Office of the Attorney General, Public prosecutors (district attorneys, city attorneys, county counsel) · Verified 8 Oct 2026 · Official text
• SB 1159 - Artificial intelligence: transparency and governance (public participation) Adopted 2026-09-30; valid from 2027-01-01

  Provides that AI systems and autonomous agents are not a "person" or "member of the public" under public-records, open-meeting and rulemaking statutes, and bars knowingly using AI to falsely represent that a person engaged with a government agency.

  Binding · Authority: California State Legislature · Verified 8 Oct 2026
• SB 1276 - Crimes: sexual exploitation of a child (AI-generated matter) Adopted 2026-09-10; valid from 2027-01-01

  Extends the child sexual-exploitation offences, including possession and distribution provisions and the mandated-reporter definition of sexual exploitation, to digitally altered or AI-generated matter depicting a person under 18 in sexual conduct.

  Binding · Authority: Public prosecutors (district attorneys, city attorneys, county counsel) · Verified 8 Oct 2026 · Official text
• SB 867 - Toys with companion chatbots moratorium Adopted 2026-09-10; valid from 2027-01-01

  Prohibits manufacturing, selling or exchanging toys that include a companion chatbot until January 1, 2031.

  Binding · Authority: California Department of Justice - Office of the Attorney General · Verified 8 Oct 2026
• AB 1064 - Leading Ethical AI Development (LEAD) for Kids Act (vetoed 2025) Vetoed 2025-10-13 Not current

  Bill that would have barred making companion chatbots available to users under 18 unless not foreseeably capable of specified harms; vetoed on 2025-10-13 as potentially amounting to a total ban for minors. SB 243 was signed and SB 1119 followed in 2026.

  Draft, no legal force · Authority: California State Legislature · Verified 8 Oct 2026 · Official text

Obligations

• Bus. & Prof. Code § 22604.5(a)

  No person may manufacture, sell, exchange, possess with intent to sell, or offer to a retailer any toy that includes a companion chatbot; the prohibition is repealed on January 1, 2031.

  prohibition · Applies to: product manufacturer · SB 867 - Toys with companion chatbots moratorium
• Lab. Code § 1581(a)

  Employers must not use an AI workplace surveillance tool to recognize or infer emotional state or to collect neural data.

  prohibition · Applies to: deployer · AB 1883 - Workplace surveillance tools using AI
• Bus. & Prof. Code § 4999.8 et seq.

  Developers and deployers of AI or GenAI must not use terms, letters or phrases that falsely indicate or imply a healthcare licence in advertising or functionality.

  prohibition · Applies to: provider · AB 489 - AI systems implying healthcare licensure
• Gov. Code § 8319(a)

  No person may knowingly use AI to falsely represent that a natural person appeared before, submitted information to, or otherwise engaged with a governmental agency.

  prohibition · Applies to: other · SB 1159 - Artificial intelligence: transparency and governance (public participation)
• 2 CCR § 11009(f)

  Employers and other covered entities may not use an automated-decision system or selection criteria that discriminates against applicants or employees on a basis protected by FEHA, subject to available defenses; evidence of anti-bias testing is relevant to any claim or defense.

  prohibition · Applies to: deployer · Civil Rights Council employment regulations on automated-decision systems
• Bus. & Prof. Code § 16729(a)-(b)

  A person may not use or distribute a common pricing algorithm (a methodology used by two or more persons that uses competitor data to influence price or commercial terms) as part of a restraint of trade, and may not coerce another person to adopt its recommended prices or commercial terms.

  prohibition · Applies to: other · AB 325 - Cartwright Act: common pricing algorithms
• Civ. Code § 1708.86

  A person may not knowingly facilitate or recklessly aid or abet the creation or disclosure of digitized sexually explicit material without consent; a provider of services enabling a deepfake pornography service that does not stop within 30 days of receiving sufficient evidence is presumed to be knowingly facilitating.

  prohibition · Applies to: other · AB 621 - Deepfake pornography (Civil Code section 1708.86)
• Penal Code § 311.11(a)-(b) (as amended)

  It is an offence knowingly to possess, distribute or access digitally altered or AI-generated matter depicting a person under 18 in sexual conduct; obscenity need not be proved.

  prohibition · Applies to: other · SB 1276 - Crimes: sexual exploitation of a child (AI-generated matter)
• Bus. & Prof. Code § 22584(b)(5) (as amended)

  An operator, or an entity working on its behalf, of a site, service or application used and designed for school purposes may not use covered student information, including persistent unique identifiers, to train a generative AI system or service or to develop an AI system.

  prohibition · Applies to: provider · AB 1159 - Student personal information (bar on using student data to train AI)