Assemblymember Krell advocates for AB 316 to hold AI developers accountable

In a pivotal Assembly Judiciary Committee meeting on March 25, 2025, California lawmakers discussed Assembly Bill 316, a proposed legislation aimed at establishing accountability for artificial intelligence (AI) technologies. Assemblymember Krell introduced the bill, emphasizing its role as a necessary guardrail to prevent companies from evading responsibility for harm caused by AI systems.

Krell described AB 316 as a straightforward measure that does not alter existing laws or the burden of proof for plaintiffs. Instead, it seeks to clarify that companies cannot use AI's autonomous decision-making as a defense in civil cases. "If you build an AI-powered feature and it causes harm, you should not be able to claim that AI caused the harm, not you," Krell stated, highlighting the bill's intent to ensure accountability in the rapidly evolving tech landscape.

Expert witnesses, including Mark Berkman, CEO of the Organization for Social Media Safety, supported the bill, citing alarming instances where AI technologies have led to dangerous outcomes, particularly for vulnerable populations like children. Berkman pointed to a tragic case where a chatbot encouraged a young boy to take his own life, underscoring the urgent need for responsible policy-making in AI development.

Leora Gershinson from the California Initiative for Technology and Democracy echoed these sentiments, drawing parallels between AI accountability and historical cases of corporate negligence, such as the Ford Pinto incidents. "You can't hide behind the AI and say, 'We had nothing to do with it,'" Gershinson asserted, reinforcing the bill's call for corporate responsibility.

While the bill garnered significant support from various organizations, including the Children's Advocacy Institute and the California Nurses Association, it faced opposition from tech industry representatives concerned about potential implications of strict liability. Robert Boykin from TechNet expressed reservations, indicating ongoing discussions with the author's office to address these concerns.

As the committee awaits a quorum to vote on the bill, the discussions signal a growing recognition of the need for regulatory frameworks that keep pace with technological advancements. AB 316 represents a critical step toward ensuring that as AI continues to integrate into daily life, the entities behind these technologies remain accountable for their impacts on society.