Last week, Governor Gavin Newsom issued an executive order to tackle the new field of Generative Artificial Intelligence (GenAI). As technology develops and changes, Newsom indicated that it’s time to be “Asking questions. Seeking answers from experts. Focused on shaping the future of ethical, transparent, and trustworthy AI.” His executive order establishes a requirement for multiple California departments to develop a risk assessment report in the next sixty days related to GenAI. The Order proposed seeking a partnership with leading institutions such as UC Berkley and Stanford to evaluate how the State can move forward as a leader in this field. Moreover, Newsom seeks collaboration with legislators on new laws related to GenAI. Among the states, Newsom’s proactive approach to regulating the use of GenAI may be unique but regulation and laws create potential booby-traps for unwary businesses and employers. 

CDF will continue to monitor and report on items related to GenAI, this executive order and regulatory and legislative efforts that we expect to follow.