Belated thoughts on AB 316: how the heck did I miss this?
When reading LASST's new lawsuit against OpenAI, I learned of Cal. Civ. Code § 1714.46(b), a recent addition to California civil liability law that says:
[...]
This was added in California Assembly Bill 316, which was signed into law on October 13, 2025, 2 weeks after SB 53 was signed into law.
I'm surprised that I missed AB 316 -- I don't remember anyone talking about it, and I couldn't find mentions of it in a quick search on either LessWrong or Zvi's substack.
Of course, this is civil liability law, and really all it does is bar one specific defense. But as the LASST lawsuit shows, this rule might be very important for how the courts handle autonomous AI incidents in the future.
Whoops.
So, how did I miss this? My brief postmortem:
1. The bill AB 316 was framed as a consumer safety/child protection bill. For example, it was sponsored by the Children’s Advocacy Institute and the Organization for Social Media Safety, and the Assemblywoman who introduced this mentions only child self-harm in her statement on the bill's signing. It was passed around the same time that many other pieces of AI legislation, including SB 53, were passed. So I didn't notice it when it passed.
2. It's not criminal law like CDAFA or a regulatory statute like SB 53 or the UCL. When researching the legal questions relating to the Hugging Face incident, I didn't think to check civil liability law.
In response to this, I've set up a Claude instance to periodically read through and summarize all the AI-related bills that are passed. I've also skimmed through all the pieces of California legislation listed in the AI Law Tracker. (I didn't see any other relevant-to-frontier-AI bills that I wasn't aware of. Not sure whether to be thankful or sad about that.)