California AI Watermarking Bill Supported by OpenAI -- THE Journal

Policy & Funding

California AI Watermarking Bill Supported by OpenAI

OpenAI, creator of ChatGPT, is backing a California bill that would require tech companies to label AI-generated content in the form of a digital "watermark."

By John K. Waters
08/27/24

OpenAI, creator of ChatGPT, is backing a California bill that would require tech companies to label AI-generated content in the form of a digital "watermark." Microsoft, Adobe, and other tech companies have also expressed their support.

The proposed legislation, known as the "California Digital Content Provenance Standards" (AB 3211), aims to ensure transparency in digital media by identifying content created through artificial intelligence. This requirement would apply to a broad range of AI-generated material, from harmless memes to deepfakes that could be used to spread misinformation about political candidates.

Watermarking is a technique used to embed additional information into images, audio, video, and documents, often invisibly, to establish their provenance and authenticity

In a letter sent to California State Assembly member Buffy Wicks, who authored the bill, OpenAI Chief Strategy Officer Jason Kwon emphasized the importance of transparency in AI content, especially during election years. "New technology and standards can help people understand the origin of content they find online, and avoid confusion between human-generated and photorealistic AI-generated content," Kwon wrote. (The letter was reviewed by Reuters.)

This bill has been overshadowed by another California state bill, SB 1047, which aims to require that AI developers conduct safety testing on some of their own models. That bill has faced a backlash from the tech industry, including Microsoft-backed OpenAI. (More information here.)

California state lawmakers introduced 65 bills addressing artificial intelligence during this legislative session, according to the state's legislative database. These proposed measures include ensuring algorithmic decisions are unbiased and protecting the intellectual property of deceased individuals from AI exploitation. However, many of these bills have already stalled.

San Francisco-based OpenAI has emphasized the importance of transparency and provenance requirements, such as watermarking, for AI-generated content, particularly in an election year.

With elections taking place in countries representing a third of the world's population this year, experts are increasingly concerned about the impact of AI-generated content, which has already played a significant role in some elections, including in Indonesia.

"New technology and standards can help people understand the origin of content they find online and avoid confusion between human-generated and photorealistic AI-generated content," Kwon wrote in his letter.

AB 3211 passed the state Assembly with a unanimous 62-0 vote and recently cleared the senate appropriations committee, setting it up for a full Senate vote. If approved by Aug. 31, the bill will move to Governor Gavin Newsom for signing or veto by Sept. 30.

The full text of the bill is available here.

About the Author

John K. Waters is the editor in chief of a number of Converge360.com sites, with a focus on high-end development, AI and future tech. He's been writing about cutting-edge technologies and culture of Silicon Valley for more than two decades, and he's written more than a dozen books. He also co-scripted the documentary film Silicon Valley: A 100 Year Renaissance, which aired on PBS. He can be reached at [email protected].

E-Mail this page

Printable Format

Featured

Survey: Top Education and Budget Challenges for Schools

A recent survey of more than 2,500 educators, school leaders, and district administrators across the country identified the top challenges schools are facing this year. The 2025 National Educator Survey, conducted by PowerSchool, found that teacher shortages and mounting financial uncertainty are persistent pain points across K-12 education.
Avantis Education Launches New Headsets for ClassVR Solution

Avantis Education recently introduced two new headsets for its flagship educational VR/AR solution, ClassVR. According to a news release, the Xcelerate and Xplorer headsets expand the company’s offerings into higher education while continuing to meet the evolving needs of K–12 users.
September 2025 Tech Tactics in Education Conference Agenda Announced

Registration is free for this fully virtual Sept. 25 event, focused on "Overcoming Roadblocks to Innovation" in K-12 and higher education.
Integration Brings Pearson Assessments to McGraw Hill's K-12 Curriculum

Education companies McGraw Hill and Pearson have partnered to integrate the latter's assessment capabilities into McGraw Hill's K-12 curriculum solutions.