Covered provider
Provider meeting the user-threshold subject to the law.
How the laws define this
Every cited legal provision agrees that a covered provider is an individual, person, or entity that creates, codes, or otherwise produces a generative artificial intelligence system and meets a size threshold of over one million monthly visitors or users. The primary point of divergence concerns geographic accessibility requirements. Under Title 19 RCW, the system must be publicly accessible within the geographic boundaries of Washington State. Similarly, a definition under the California AI Transparency Act requires the system to be publicly accessible within the state of California. Conversely, California SB 942 — California AI Transparency Act defines the term based on creating, coding, or producing the system and the size threshold alone, omitting an explicit geographic accessibility clause.
Synthesised from the 3 statutory definitions below. Each one is quoted in full, with its source.
How jurisdictions differ
What is distinctive in each definition, binding law in force first.
| Jurisdiction | Instrument | Status | What is distinctive |
|---|---|---|---|
| California, United States | California SB 942 — California AI Transparency Act | In Force (Amended) | Specifies over one million monthly visitors or users as the threshold without explicitly requiring public accessibility within California. |
| Washington, United States | AN ACT Relating to informing users when content is developed or modified by artificial intelligence; and adding a new chapter to Title 19 RCW. | Awaiting Entry | Applies the one million monthly visitors or users threshold to systems publicly accessible within Washington State. |
| California, United States | California AI Transparency Act | In Force (Amended) | Explicitly requires both over one million monthly visitors or users and public accessibility within California. |
| California, United States | California SB 1000 — California AI Transparency Act (2026 Amendments) | In Force | Removes the monthly user threshold, applying to any person producing generative AI systems publicly accessible within California. |
What it triggers
- Under California SB 942, covered providers must offer free AI detection tools and embed content provenance disclosures.
- Under the California AI Transparency Act as amended by AB 853, covered providers must embed disclosures in synthetic content.source
- Under California SB 1000, covered providers must comply with expanded AI provenance disclosure and privacy safeguards.source
- Under Washington HB 1170, covered providers would be required to provide AI-generated content disclosures, detection tools, and clear labeling.
Definitions (4)
A person or entity that creates, codes, or otherwise produces a generative artificial intelligence system and has over one million monthly visitors or users; this size threshold determines which providers must comply with the Act's requirements.
A covered provider is specified as a person or entity that creates, codes, or otherwise produces a generative artificial intelligence system with over 1,000,000 monthly visitors or users, and which is publicly accessible within the geographic boundaries of Washington State.
A covered provider is defined as an individual or entity responsible for creating, coding, or producing a Generative AI system. To qualify, this system must have over one million monthly visitors or users and be publicly accessible within the state of California.
A covered provider means any person that creates, codes, or otherwise produces a generative AI system that is publicly accessible within California. The amendment removes the prior monthly user threshold, so public accessibility is the key trigger for compliance duties.
Not to be confused with
AI system provider covers broader activities like training, distributing, or marketing AI systems, while covered provider focuses on creating, coding, or producing generative AI systems meeting specific thresholds.
Provider/developer refers generally to entities designing or creating AI systems without specifying generative AI or user thresholds, unlike covered provider.
AI provider is a general term for entities developing or supplying AI systems, lacking the generative AI focus and user thresholds of covered provider.
Questions and answers
What user threshold applies to covered providers in California?
Definitions 1 and 2 require over one million monthly visitors or users, while definition 3 removes this threshold and applies to any publicly accessible generative AI system in California.
Does public accessibility matter for covered providers?
Yes, definitions 2, 3, and 4 explicitly require public accessibility within California or Washington, while definition 1 focuses primarily on the user threshold.
What compliance duties do covered providers have?
Duties include providing AI detection tools, embedding content provenance disclosures, and ensuring transparency for AI-generated content, varying by specific California and Washington laws.
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