California Senate Bill 813: A Novel Approach to Artificial Intelligence Governance

Abstract

California Senate Bill 813 proposes a distinct method for governing the rapidly advancing field of artificial intelligence (AI). The bill seeks to establish a process wherein the state's Attorney General (AG) would designate private entities as Multistakeholder Regulatory Organizations (MROs). These MROs, if designated, would play a pivotal role in the AI ecosystem by voluntarily certifying the safety of AI models and applications. This certification process aims to ensure that AI developers adhere to heightened standards of care and best practices, particularly concerning the prevention of personal injury and property damage. A key aspect of this legislative proposal is the introduction of potential legal benefits for AI developers who obtain MRO certification, including an affirmative defense and a rebuttable presumption of reasonable care in civil actions related to their certified AI products. This initiative appears to be a unique attempt to blend the agility and expertise of the private sector with the oversight and authority of a government entity in the complex and evolving landscape of AI governance.