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ARTICLE · 16 OCTOBER 2026

California Establishes First-in-the-Nation Framework For Verifying Independent AI Auditors

Crowell & Moring LLP
Crowell & Moring LLP
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Crowell & Moring LLP

Crowell & Moring LLP

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California has enacted the nation's first regulatory framework for AI auditors through SB 813 and AB 1405, establishing a two-tier system that includes mandatory registration for all covered AI auditors and a voluntary government-credentialed tier for Independent Verification Organizations. Governor Newsom's Executive Order N-9-26 accelerates implementation timelines and convenes experts to recommend strengthening AI safety laws, potentially including onsite auditor embedding at frontier AI companies and go

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What You Need to Know

  • Key takeaway #1

    California is the first state in the nation to regulate who may conduct AI audits, establishing both a mandatory registration regime for all AI auditors and a voluntary tier of government-credentialed Independent Verification Organizations (IVOs).

  • Key takeaway #2

    The laws do not require AI developers, deployers, or operators to obtain an audit as a condition of doing business in California, but an audit can help mitigate legal liability for AI harms, according to one of the new laws.

  • Key takeaway #3

    Days after signing the laws, Governor Newsom issued an executive order directing the accelerated implementation of SB 813 and AB 1405 and contemplating more aggressive measures, including embedding IVOs onsite at frontier AI companies and advancing a government-verified AI “kill switch,” signaling that the current framework may be a floor, not a ceiling.

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