California’s AI Bill: A Double-Edged Sword for Startups

John Mecke
5 min readAug 16, 2024

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California’s AI Bill: A Double-Edged Sword for Startups

California’s SB-1047, a bill designed to regulate the artificial intelligence industry, has sparked a heated debate about the future of AI and its impact on innovation. As a seed-stage CEO, it’s crucial to understand the implications of this bill, as it could significantly affect how you develop and deploy AI technologies.

The Crux of the Matter: Who’s to Blame?

At the heart of the debate lies a fundamental question: if an AI causes harm, should we hold the AI accountable, or the person who used it? This question is not new; it echoes similar discussions around Section 230 of the Communications Decency Act, which shields tech companies from liability for user-generated content.

SB-1047 takes a different approach, placing the onus on tech companies to ensure their AI products don’t cause harm. This shift in responsibility has raised concerns among AI developers, who worry that the bill could stifle innovation and create unnecessary barriers to entry.

Key Provisions and Controversies

The bill includes several provisions aimed at regulating AI development and deployment. Some of the less controversial aspects include:

  • Adding legal protections for whistleblowers at AI companies
  • Studying the feasibility of building a public AI cloud for startups and researchers

However, other provisions have drawn criticism from both the tech industry and lawmakers:

  • Requiring AI companies to notify the government when training large, expensive models
  • Granting the California attorney general the power to seek injunctions against companies releasing unsafe models
  • Mandating a “kill switch” for large AI models in case of danger

The Industry Pushes Back

Tech companies have been vocal about their concerns, arguing that the bill could stifle innovation and drive AI development out of California. In response to industry pressure, several amendments have been made to the bill, including:

  • Removing the AG’s power to sue companies for negligent safety practices before a catastrophic event
  • Scrapping plans for a new state agency to monitor compliance
  • Eliminating the requirement for AI labs to certify their safety testing under penalty of perjury

Despite these concessions, the bill still faces opposition. A group of Democratic members of Congress from California, led by Rep. Zoe Lofgren, have urged Governor Gavin Newsom to veto the bill, arguing that it places unreasonable expectations on developers and could harm the state’s thriving AI industry.

A Premature Move?

While some prominent figures in the AI community, such as Geoffrey Hinton and Yoshua Bengio, support the bill, others believe it’s premature. Critics argue that current AI models pose no immediate threat of catastrophic harm and that President Biden’s executive order from last year provides sufficient safeguards for the near term.

Moreover, there’s a growing consensus that AI regulation should be addressed at the national level, rather than through a patchwork of state-level laws. This would create a more consistent and predictable regulatory environment for AI companies operating across the country.

The Road Ahead

As the debate over SB-1047 continues, it’s clear that AI regulation is a complex and evolving issue. For seed-stage CEOs, it’s essential to stay informed about the latest developments and consider how potential regulations could impact your business.

While the future of AI regulation remains uncertain, one thing is clear: the technology is here to stay, and its impact on society will only grow. By engaging in thoughtful discussions about the ethical and responsible development of AI, we can help shape a future where AI benefits everyone., a bill designed to regulate the artificial intelligence industry, has sparked a heated debate about the future of AI and its impact on innovation. As a seed-stage CEO, it’s crucial to understand the implications of this bill, as it could significantly affect how you develop and deploy AI technologies.

The Crux of the Matter: Who’s to Blame?

At the heart of the debate lies a fundamental question: if an AI causes harm, should we hold the AI accountable or the person who used it? This question is not new; it echoes similar discussions around Section 230 of the Communications Decency Act, which shields tech companies from liability for user-generated content.

SB-1047 takes a different approach, requiring tech companies to ensure their AI products don’t harm. This shift in responsibility has raised concerns among AI developers, who worry that the bill could stifle innovation and create unnecessary barriers to entry.

Key Provisions and Controversies

The bill includes several provisions aimed at regulating AI development and deployment. Some of the less controversial aspects include:

  • Adding legal protections for whistleblowers at AI companies
  • Studying the feasibility of building a public AI cloud for startups and researchers

However, other provisions have drawn criticism from both the tech industry and lawmakers:

  • Requiring AI companies to notify the government when training large, expensive models
  • Granting the California attorney general the power to seek injunctions against companies releasing unsafe models
  • Mandating a “kill switch” for large AI models in case of danger

The Industry Pushes Back

Tech companies have been vocal about their concerns, arguing that the bill could stifle innovation and drive AI development out of California. In response to industry pressure, several amendments have been made to the bill, including:

  • Removing the AG’s power to sue companies for negligent safety practices before a catastrophic event
  • Scrapping plans for a new state agency to monitor compliance
  • Eliminating the requirement for AI labs to certify their safety testing under penalty of perjury

Despite these concessions, the bill still faces opposition. A group of Democratic members of Congress from California, led by Rep. Zoe Lofgren, have urged Governor Gavin Newsom to veto the bill, arguing that it places unreasonable expectations on developers and could harm the state’s thriving AI industry.

A Premature Move?

While some prominent figures in the AI community, such as Geoffrey Hinton and Yoshua Bengio, support the bill, others believe it’s premature. Critics argue that current AI models pose no immediate threat of catastrophic harm and that President Biden’s executive order from last year provides sufficient safeguards for the near term.

Moreover, there’s a growing consensus that AI regulation should be addressed at the national level, rather than through a patchwork of state-level laws. This would create a more consistent and predictable regulatory environment for AI companies operating across the country.

The Road Ahead

As the debate over SB-1047 continues, it’s clear that AI regulation is a complex and evolving issue. For seed-stage CEOs, it’s essential to stay informed about the latest developments and consider how potential regulations could impact your business.

While the future of AI regulation remains uncertain, one thing is clear: the technology is here to stay, and its impact on society will only grow. By engaging in thoughtful discussions about the ethical and responsible development of AI, we can help shape a future where AI benefits everyone.

Originally published at Development Corporate.

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John Mecke

John has over 25 years of experience in leading product management and corporate development organizations for enterprise firms.