The Software and Information Industry Association (SIIA) joins the California Chamber of Commerce and other stakeholders in opposing SB 11 (Ashby) unless it is amended. While the bill seeks to address legitimate concerns around digital replicas and false personation, it introduces vague and overly broad requirements that risk chilling lawful and protected uses of generative AI. Chief among these is a mandated consumer warning stating that “misuse” of AI tools could result in civil or criminal liability—without defining what constitutes misuse—raising serious First Amendment concerns and exposing businesses to significant legal uncertainty.

Additionally, SB 11 revisits issues recently addressed in last year’s AB 1836, including changes to California’s Civil Code Section 3344 that could create liability for unintended similarities between digital replicas and real individuals. The bill also eliminates important protections for businesses using employee likenesses in advertising. SIIA urges the legislature to allow time to assess the impact of AB 1836 before advancing overlapping legislation, and to narrow SB 11’s provisions to avoid unintended consequences for innovation, expression, and responsible AI development.