[nrfulton]

The AG's advisory is essentially a memo from the AG explaining how the AG thinks existing statute applies to a new technology. It's not new legislation or new case law, but it is worth paying attention to for various reasons.

The section of the advisory referencing disproportionate impact is quoting, nearly word for word, a portion of Cal. Code Regs. Tit. 2, § 14027.

So, this section of the advisory essentially amounts to the AG saying "using AI to do something illegal is still illegal".

That does not really answer your question, though.

> What kind of standard is disproportionate impact?...

The kind that does has been codified in CA and other jurisdictions' statutes for a long while now. This means that the standard is extremely well-litigated in the state's courts, and so the answer to "what is disproportionate impact?" is, I think, something like:

"That seems complicated; there's probably a rich case law that provides clarity in some situations but also highlights areas of ambiguity in other situations. If you're in it for profit, and have any questions, get a lawyer who specializes in that area of the law to review your specific circumstance; if you're in it for civics/curiosity, start with the statute then start reading significant case law or law reviews regarding that statute."

It's also the kind of standard that can attract flame wars... hopefully not here, though ;-)