SACRAMENTO, CA – Today Governor Gavin Newsom signed Assembly Bill 1864 into law, protecting Californians from the threat of AI-enabled bioterrorism by establishing commonsense guardrails to prevent the misuse of gene synthesis technology.
AB 1864 is first-in-the-world legislation creating an enforceable requirement for producers of synthetic genes and manufacturers of gene synthesis equipment operating in California to screen customer orders for dangerous pathogen sequences and verify customer legitimacy.
“As DNA synthesis technology becomes cheaper and more accessible, and AI provides anyone with a smartphone with knowledge and information they never had access to before, we can't afford to leave the door open for bad actors to manufacture the building blocks of a bioweapon,” said Assemblymember Marc Berman. “Thanks to Governor Newsom signing AB 1864, California is now the world leader in requiring commonsense guardrails around an emerging technology with enormous promise for medicine and science, without slowing down the legitimate research and innovation happening across California’s biotech industry.”
Creating a live virus or engineered bacterium requires specialized expertise, however, recent advancements in AI have significantly lowered the technical barriers to make and spread a dangerous pathogen. Recent reporting from the New York Times revealed that AI chatbots can walk users through how to assemble a deadly pathogen and unleash it in public spaces.
“Since the 1970s, it’s been possible to resurrect a virus from just its genetic code. But this process has become significantly easier, quicker, and cheaper in recent times, due in part to the flourishing of AI tools, models, and agents,” said Dr. David Relman, a microbiologist and infectious disease clinician at Stanford University, who has worked to bring about gene synthesis screening for 20 years. “We should all be grateful to see California step up, assume a leadership role, and protect science and the public by placing guardrails around this technology.”
The process of gene synthesis screening implements safeguards to verify that customers ordering genetic materials that could be turned into a live dangerous pathogen have a legitimate use for the materials and prevents individuals who may seek to endanger public health from obtaining these materials.
Gene synthesis screening is an industry recognized best practice, with CEOs of Anthropic, OpenAI, and Google’s DeepMind AI lab, and experts in biotechnology all signing a letter urging Congress to pass legislation requiring gene synthesis screening.
“A surprisingly diverse coalition, including many voices in the gene synthesis industry, support mandatory screening. We're excited to see California turn that consensus into action," said Ben Snyder, Policy Director at Encode AI, a cosponsor on the bill
"One serious case of AI-enabled biological harm could cost lives and set back public trust in the technology for years. AB 1864 helps prevent that. It works alongside other efforts to make AI safe, and it leaves legitimate research free to move forward. Safety is what makes innovation last," said Juan Carlos Salamanca, Policy Director at the Secure AI Project.
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