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GitHub credits broader counting rules for most of its jump to 708 government takedown requests

GitHub received 708 government takedown requests in the first half of 2026 against 98 in all of 2025, a rise it attributes mostly to new counting rules. Two California AI provenance bills from the same season bear on how open source code is licensed and hosted.

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Illustration accompanying GitHub credits broader counting rules for most of its jump to 708 government takedown requests

What happened

  • GitHub now counts every government takedown request, whether it cites local law, a Terms of Service violation, or simply asks for content to be removed.
  • Its internal tracking also counts duplicate requests about the same content as separate requests.
  • Takedowns processed under local law or for Terms of Service violations remain relatively rare, according to GitHub.
  • California's SB 1000, the AI Transparency Act, was enrolled on August 30, 2026 and awaits Governor Gavin Newsom's signature by September 30.

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Why it matters

  • constraint The 2025 and H1 2026 totals were taken under different rules, so researchers and policymakers cannot cite the rise as evidence of heavier state pressure on GitHub.
  • exposure Until AB 853's platform definitions are narrowed, code hosts could be read as platforms carrying provenance duties under California law, in GitHub's reading of the text.
  • precedent SB 1000 shows a provenance bill can drop a license-revocation mandate after open source engagement, and GitHub is pressing for the same treatment of AB 853's definitions.

Taken at face value, 708 requests in six months is about 7.2 times the full 2025 count [1]. For that ratio to say something about moderation, both periods would need the same counting rules, and removals would need to climb with requests. GitHub says neither is the case [2][5].

The duplicate rule changes the unit being counted. Under it, an agency that resends the same notice adds to the count each time [4]. Anyone who has switched a dashboard from unique visitors to raw hits mid-quarter has seen this chart before. GitHub wrote that the higher number "reflects the volume of government reporting activity GitHub receives, not a corresponding increase in content removals" [7].

The before-and-after is also less clean than the headline pair suggests. GitHub first described the broader scope in its H1 2025 update [6], so part of 2025 may already have been counted under it. The post does not date the duplicate change, split the new total by legal basis or by duplicates, or give a removal figure.

For tracking what governments actually want removed, I would read the government takedowns repository over the headline count. GitHub still publishes requests about content deemed unlawful in a particular jurisdiction there [8].

The legislative half of the post turns on a licensing detail. Earlier drafts of California's AI Transparency Act, SB 1000 (previously SB 942), would have required providers to revoke licenses under certain circumstances [9]. GitHub said that requirement was incompatible with widely used open source licenses, which are irrevocable [9]. The enrolled text moved to a narrower notice-and-response approach. GitHub says that resolved the conflict, though implementation questions remain [10].

The open question sits in the law already on the books. AB 853 defines "large online platform," "file-sharing platform," and "GenAI hosting platform" in terms GitHub says could be read to cover code repositories [12]. Newsom's signing message last year encouraged follow-up legislation in 2026 on technical feasibility [15]. AB 2713 is a follow-up bill meant to refine how the Act's provenance requirements apply in practice, particularly to platforms [18]. GitHub says applying the current definitions to code hosting could create legal uncertainty for open source developer infrastructure without addressing the risks the Act was designed to target [14].

Of the two, I think the definitions matter more to teams that host or publish code. The licensing conflict in SB 1000 was fixed in the bill text [10]. The platform definitions in AB 853 remain as enacted [13].

What to watch

  • Whether Governor Newsom signs SB 1000 by the September 30, 2026 deadline, and how its notice-and-response provision is implemented.
  • Whether GitHub's next Transparency Center release reports unique requests and removals separately, so the series can be compared across periods.
  • Whether California lawmakers revisit AB 853's platform definitions after the AB 2713 amendments failed this session.
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