,,ii #aaith ,,congress #ast ,session ,s4 #bdee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bd1 #bjbe ,mr4 ,welch 7for himself1 ,mrs4 ,blackburn1 ,mr4 ,hawley1 and ,mr4 ,schiff7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to create an administrative subpoena process to assist copyright owners in determining which of their copyrighted works have been used in the training of artificial intelligence models4 #a4 ,short title ,this ,act may be cited as the ,transparency and ,responsibility for ,artificial ,intelligence ,networks ,act or the ,,train ,act4 #b4 ,subpoena for copies or records relating to artificial intelligence models 7a7 ,in general ,chapter #e of title #ag1 ,united ,states ,code1 is amended by adding at the end the following3 #ead4 ,subpoena for copies or records relating to artificial intelligence models 7a7 ,definitions ,in this section3 7#a7 ,artificial intelligence ,the term artificial intelligence has the meaning given the term in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7#b7 ,artificial intelligence model ,the term artificial intelligence model means a component of an information system that implements artificial intelligence technology and uses computational1 statistical1 or machine-learning techniques to produce outputs from a given set of inputs4 7#c7 ,developer ,the term developer-- 7,a7 means a person or ,state or local government agency that-- 7i7 designs1 codes1 produces1 owns1 or substantially modifies a generative artificial intelligence model for use by-- 7,i7 the person or ,state or local government agency2 or 7,,ii7 a third party2 and 7ii7 engages in or supervises1 including as a third party training dataset curator-- 7,i7 the curation of the training dataset of the artificial intelligence model2 or 7,,ii7 the use of the training dataset to train the artificial intelligence model2 and 7,b7 does not include a noncommercial end user of a generative artificial intelligence model4 7#d7 ,generative artificial intelligence model ,the term generative artificial intelligence model-- 7,a7 means an artificial intelligence model that emulates the structure and characteristics of input data in order to generate derived synthetic content1 which may include images1 videos1 audio1 text1 and other digital content2 and 7,b7 includes any subsequent variation on an artificial intelligence model described in subparagraph 7,a71 even if created by a third party4 7#e7 ,substantially modify ,the term substantially modify1 with respect to a generative artificial intelligence model1 means to take #a or more actions leading to a new version of1 new release of1 or other update to the generative artificial intelligence model that materially changes the functionality or performance of the generative artificial intelligence model1 including by retraining or fine tuning the generative artificial intelligence model4 7#f7 ,training material ,the term training material means individual works or components thereof used for the purpose of training a generative artificial intelligence model1 including a combination of text1 images1 audio1 or other categories of expressive materials1 as well as annotations describing the material4 7b7 ,request 7#a7 ,in general ,the legal or beneficial owner of an exclusive right under a copyright1 or a person authorized to act on the owner's behalf1 may request the clerk of any ,united ,states district court to issue a subpoena to a developer for disclosure of copies of1 or records sufficient to identify with certainty1 the copyrighted works1 or any portion thereof1 likely owned or controlled by the legal or beneficial owner that were used by the developer to train the generative artificial intelligence model1 if the legal or beneficial owner or authorized person has a subjective good faith belief that the developer used some or all of #a or more such copyrighted works to train the generative artificial intelligence model4 7#b7 ,subpoena limited to requester's own copyrighted work ,nothing in paragraph 7#a7 shall be construed to authorize a legal or beneficial owner of an exclusive right under a copyright1 or a person authorized to act on the owner's behalf1 to request a subpoena for disclosure of copies of1 or records sufficient to identify with certainty1 copyrighted works likely owned or controlled by any person other than the legal or beneficial owner4 7c7 ,contents of request ,a request under subsection 7b7 may be made by filing with the clerk-- 7#a7 a proposed subpoena2 and 7#b7 a sworn declaration to the effect that-- 7,a7 the legal or beneficial owner or authorized person has a subjective good faith belief that the developer used some or all of #a or more of the copyrighted works owned or controlled by the legal or beneficial owner to train the generative artificial intelligence model2 7,b7 the purpose for which the subpoena is sought is to obtain copies of the training material1 or records sufficient to identify with certainty the training material1 used to train the generative artificial intelligence model in order to determine whether the developer has used copyrighted works owned or controlled by the legal or beneficial owner in connection with the generative artificial intelligence model2 and 7,c7 the copies or records will only be used for the purpose of protecting the rights of the legal or beneficial owner4 7d7 ,contents of subpoena ,a subpoena issued pursuant to a request under subsection 7b7 shall authorize and order the developer receiving the subpoena to expeditiously disclose to the legal or beneficial owner or authorized person all records described in that subsection4 7e7 ,basis for granting subpoena ,if a proposed subpoena described in subsection 7c77#a7 is in proper form1 and the accompanying declaration described in subsection 7c77#b7 is properly executed1 the clerk shall expeditiously issue and sign the proposed subpoena and return it to the requester for delivery to the developer4 7f7 ,actions of developer receiving subpoena ,upon receipt of a subpoena issued under subsection 7e71 a developer shall expeditiously disclose to the legal or beneficial owner or authorized person the copies or records requested by the subpoena4 7g7 ,duty of confidentiality ,a legal or beneficial owner or authorized person who receives copies or records from a developer under this section may not disclose the copies or records to any other person without proper authorization or consent4 7h7 ,rules applicable to subpoena ,unless otherwise provided by this section or by applicable rules of the court1 the procedure for issuance and delivery of a subpoena issued under subsection 7e71 and the remedies for noncompliance with the subpoena1 shall be governed to the greatest extent practicable by the provisions of the ,federal ,rules of ,civil ,procedure governing the issuance1 service1 and enforcement of a subpoena duces tecum4 7i7 ,rebuttable presumption ,if a developer fails to comply with a subpoena issued under subsection 7e71 that failure shall provide a rebuttable presumption that the developer made copies of the copyrighted work4 7j7 ,sanctions for bad faith subpoena request 7#a7 ,motion ,if the legal or beneficial owner of an exclusive right under a copyright1 or a person authorized to act on the owner's behalf1 requests a subpoena under subsection 7b7 in bad faith1 the court that issued the subpoena1 upon motion of the recipient of the subpoena1 may impose sanctions on the legal or beneficial owner or authorized person4 7#b7 ,implementation ,rule #aa7;c7 of the ,federal ,rules of ,civil ,procedure shall apply to sanctions imposed under this subsection in the same manner as that rule applies to sanctions imposed for a violation of rule #aa7;b7 of those ,rules4 7k7 ,effective date ,this section shall take effect on the date of enactment of this section4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #e of title #ag1 ,united ,states ,code1 is amended by adding at the end the following3 #ead4 ,subpoena for copies or records relating to artificial intelligence models4 4