,,ii #aaith ,,congress #ast ,session ,s4 #bcfg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ba1 #bjbe,mr4 ,hawley 7for himself and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to establish a ,federal tort relating to the appropriation1 use1 collection1 processing1 sale1 or other exploitation of individuals' data without express1 prior consent4 #a4 ,short title ,this ,act may be cited as the ,,ai ,accountability and ,personal ,data ,protection ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate1 use1 collect1 process1 sell1 or otherwise exploit ,the term appropriate1 use1 collect1 process1 sell1 or otherwise exploit includes-- 7,a7 the training of a generative artificial intelligence system that is sold1 rented1 licensed1 or otherwise used by the provider of the generative artificial intelligence system2 and 7,b7 the generation1 by a generative artificial intelligence system1 of any covered data that pertains to an individual1 including content that imitates1 replicates1 or is substantially derived from the covered data of the individual4 7#b7 ,artificial intelligence ,the term artificial intelligence has the meaning given that term in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7#c7 ,artificial intelligence system ,the term artificial intelligence system means any data system1 software1 hardware1 application1 tool1 or utility that operates1 in whole or in part1 using artificial intelligence4 7#d7 ,covered data ,the term covered data-- 7,a7 means any information1 data1 or material1 regardless of form or format1 that-- 7i7 identifies1 relates to1 describes1 is capable of being associated with1 or can reasonably be linked1 directly or indirectly1 with a specific individual2 7ii7 is derived1 inferred1 or generated from information described in clause 7i71 or is used to derive1 infer1 or generate information described in clause 7i72 or 7iii7 is generated by an individual and is protected by copyright1 regardless of whether the copyright has been registered with the ,united ,states ,copyright ,office or any other registration authority2 and 7,b7 includes-- 7i7 personally identifiable information2 7ii7 unique identifiers1 such as device ,i,ds1 advertising ,i,ds1 or ,,ip addresses2 7iii7 geolocation data2 7iv7 biometric information2 7v7 behavioral data1 such as browsing history or purchasing patterns2 or 7vi7 inferred1 derived1 or predicted data used to create a profile about an individual or group of individuals4 7#e7 ,express1 prior consent ,the term express1 prior consent means a clear1 affirmative act by an individual1 made in advance of any appropriation1 use1 collection1 processing1 sale1 or other exploitation of covered data1 indicating a freely given1 informed1 and unambiguous consent to the specific appropriation1 use1 collection1 processing1 sale1 or other exploitation of covered data of the individual4 7#f7 ,generative artificial intelligence system ,the term generative artificial intelligence system means an artificial intelligence system that is capable of generating novel text1 video1 images1 audio1 and other media based on prompts or other forms of data provided by an individual4 7#g7 ,personally identifiable information ,the term personally identifiable information means information that can be used to distinguish or trace the identity of an individual1 either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual4 7#h7 ,predispute arbitration agreement ,the term predispute arbitration agreement means an agreement to arbitrate a dispute that has not yet arisen at the time of the making of the agreement4 7#i7 ,predispute joint-action waiver ,the term predispute joint-action waiver means an agreement1 whether or not part of a predispute arbitration agreement1 that would prohibit1 or waive the right of1 one of the parties to the agreement to participate in a joint1 class1 or collective action in a judicial1 arbitral1 administrative1 or other forum1 concerning a dispute that has not yet arisen at the time of the making of the agreement4 #c4 ,federal tort for misuse of covered data 7a7 ,liability ,any person who1 in or affecting interstate or foreign commerce1 appropriates1 uses1 collects1 processes1 sells1 or otherwise exploits the covered data of an individual1 without the express1 prior consent of the individual1 shall be liable to the individual in accordance with this section4 7b7 ,private right of action 7#a7 ,in general ,any individual whose covered data is appropriated1 used1 collected1 processed1 sold1 or otherwise exploited without the express1 prior consent of the individual as described in subsection 7a7 may bring a civil action in an appropriate district court of the ,united ,states or a ,state court of competent jurisdiction against any person who-- 7,a7 engaged in the appropriation1 use1 collection1 processing1 sale1 or other exploitation of the covered data2 or 7,b7 aided and abetted another person in the appropriation1 use1 collection1 processing1 sale1 or other exploitation of the covered data4 7#b7 ,remedies ,an individual prevailing in a civil action brought under paragraph 7#a7 may recover-- 7,a7 compensatory damages in an amount equal to the greater of-- 7i7 actual damages2 7ii7 treble any profits from the appropriation1 use1 collection1 processing1 sale1 or other exploitation of the covered data of the individual as described in subsection 7a72 or 7iii7 #a1jjj2 7,b7 punitive damages2 7,c7 injunctive relief2 and 7,d7 attorney's fees and costs4 7#c7 ,affirmative defense of consent 7,a7 ,in general ,it shall be an affirmative defense to a civil action under paragraph 7#a7 brought by or on behalf of an individual whose covered data was appropriated1 used1 collected1 processed1 sold1 or otherwise exploited if the defendant demonstrates that the individual provided express1 prior consent for such appropriation1 use1 collection1 processing1 sale1 or other exploitation of the covered data of the individual4 7,b7 ,invalid grounds for consent ,consent to the appropriation1 use1 collection1 processing1 sale1 or other exploitation of covered data shall not be deemed valid if such consent was obtained-- 7i7 through coercion or deception2 or 7ii7 as a condition of using a product or service through which the appropriation1 use1 collection1 processing1 sale1 or other exploitation of the covered data exceeds what is reasonably necessary to provide that product or service4 7c7 ,inapplicability of the ,federal ,arbitration ,act 7#a7 ,in general ,notwithstanding any other provision of law1 including chapter #a of title #i1 ,united ,states ,code 7commonly known as the ,federal ,arbitration ,act71 a predispute arbitration agreement or predispute joint-action waiver shall not be valid or enforceable with respect to any claim arising under this ,act4 7#b7 ,unenforceable agreements ,any agreement purporting to waive1 limit1 or preclude the right of an individual to bring an action in a court of law or to participate in a joint1 class1 collective1 or representative action concerning any claim arising under this ,act shall be deemed contrary to public policy and shall be null1 void1 and unenforceable4 7#c7 ,determination under ,federal law by ,federal court ,an issue as to whether this ,act applies with respect to a dispute shall be determined under ,federal law4 ,the applicability of this ,act to an agreement to arbitrate and the validity and enforceability of an agreement to which this ,act applies shall be determined by a court1 rather than an arbitrator1 irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement1 and irrespective of whether the agreement purports to delegate such determinations to an arbitrator4 7#d7 ,collective bargaining agreements ,nothing in this ,act shall apply to any arbitration provision in a contract between an employer and a labor organization or between labor organizations1 except that no such arbitration provision shall have the effect of waiving the right of a worker to seek judicial enforcement of a right arising under a provision of the ,constitution of the ,united ,states1 a ,state constitution1 or a ,federal or ,state statute1 or public policy arising therefrom4 7d7 ,specific disclosure of third parties required 7#a7 ,in general ,consent required under subsection 7a7 shall not be valid for the appropriation1 use1 collection1 processing1 sale1 or other exploitation of covered data by or to any third party unless-- 7,a7 each third party is specifically and clearly disclosed to the individual to whom the covered data pertains at the time consent is sought2 and 7,b7 the disclosure described in subparagraph 7,a7 is affirmatively presented to the individual to whom the covered data pertains in a manner that ensures the disclosure is seen and acknowledged4 7#b7 ,presentation ,any disclosure described in paragraph 7#a7-- 7,a7 shall be presented distinctly and separately from any privacy policy1 terms of service1 or other general conditions or agreements2 and 7,b7 shall not be satisfied by the mere inclusion of a hyperlink or general reference to a privacy policy1 user agreement1 or other similar document4 7#c7 ,invalid consent ,any purported consent for the appropriation1 use1 collection1 processing1 sale1 or other exploitation of covered data by or to any third party obtained solely by inclusion within such general documents described in paragraph 7#b7 or via non-specific or passive disclosure shall be invalid and unenforceable4 #d4 ,relationship to existing law 7a7 ,no preemption of existing ,state laws ,nothing in this ,act shall be construed to preempt or limit any law1 rule1 regulation1 or common law doctrine of any ,state that is in effect as of the date of enactment of this ,act4 7b7 ,minimum standard ,this ,act shall be construed as establishing a minimum standard for the tort described in section #c7;a71 and nothing in this ,act shall be deemed to prohibit or restrict the application of any ,state law1 rule1 regulation1 or common law doctrine that provides greater or additional rights1 remedies1 or protections than the rights1 remedies1 and protections provided under this ,act4