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California’s AB 412 Still Demands Developers Do The Impossible

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California lawmakers are again considering A.B. 412, a bill that would require AI developers to identify and disclose copyrighted works used to train generative AI systems. The problem this year is the same as last year: it’s practically impossible to comply with this law. The bill demands information that often does not exist, and cannot realistically be obtained. EFF submitted an opposition letter to the California Senate Privacy Committee explaining why we continue to believe A.B. 412 is simply unworkable. To the extent developers do follow this law, it will have the effect of locking in the power of the largest companies in AI. A Burden That Can’t Be Met A.B. 412 sounds simple: just have AI developers create and keep a list of all the registered copyrighted works they use in AI training. That may seem straightforward. In practice, it’s anything but. There is no machine-readable “list” of copyrighted works at the U.S. Copyright Office. And many copyright holders can get a copyright

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