,,ii #aaith ,,congress #b;d ,session ,s4 #diae ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bd1 #bjbf ,mr4 ,schatz 7for himself1 ,mr4 ,curtis1 and ,mr4 ,warner7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require disclosures for covered ,,ai-generated content1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,ai ,labeling ,act of #bjbf4 #b4 ,required disclosures for covered ,,ai-generated content 7a7 ,requirements for providers of generative artificial intelligence systems that produce covered ,,ai-,generated content 7#a7 ,in general ,each provider of a generative artificial intelligence system that1 using any means or facility of interstate or foreign commerce1 produces covered ,,ai-generated content shall do the following3 7,a7 ,labeling ,the provider shall label the covered ,,ai-generated content with a clear and conspicuous disclosure that-- 7i7 identifies that the output includes covered ,,ai-generated content2 7ii7 to the extent technically and economically feasible1 is accessible to individuals with disabilities2 and 7iii7 is embedded in the content4 7,b7 ,machine-readable disclosure 7i7 ,in general ,the provider shall bind or embed within the covered ,,ai-generated content a machine-readable disclosure that1 at a minimum-- 7,i7 identifies-- 7aa7 the content that is covered ,,ai-generated content2 7bb7 the system and the version used to create or modify the covered ,,ai-generated content2 7cc7 the date and time the covered ,,ai-generated content was created or modified2 and 7dd7 any other relevant information2 and 7,,ii7 conforms to or is interoperable with the standards specified by the ,commission and the ,working ,group established under section #g4 7ii7 ,clarification ,the disclosure required under clause 7i7 shall not be required to include the personally identifiable information of the user of the generative artificial intelligence system4 7,c7 ,detection ,the provider shall ensure that a user or covered online platform can detect1 without undue financial burden1 that the output generated by the provider's generative artificial intelligence system includes covered ,,ai-generated content and view information required under subparagraph 7,b7 by-- 7i7 ensuring that the covered ,,ai-generated content is detectable by one or more widely available detection tools and making available to users or covered online platforms clear instructions on how to access and operate such tools2 or 7ii7 if no such detection tool exists1 providing to users and covered online platforms access to a tool to enable detection of covered ,,ai-generated content and providing clear instructions on how to access and operate such tool4 7,d7 ,collaboration with covered online platforms ,the provider shall collaborate with any covered online platform to assist the covered online platform in complying with the obligations described in subsection 7b7 with respect to any content created or substantially modified by the generative artificial intelligence system of the provider4 7#b7 ,exemption for internal use ,the requirements of this subsection shall not apply to covered ,,ai-generated content produced by a provider of a generative artificial intelligence system if the covered ,,ai-generated content-- 7,a7 is generated or used solely for internal research and development purposes2 and 7,b7 is not intended for public release or commercial deployment4 7b7 ,covered online platforms ,each covered online platform shall-- 7#a7 ensure that any covered ,,ai-generated content displayed on the platform that incorporates a machine-readable disclosure described in subsection 7a77#a77;,b7 is clearly and conspicuously identified as covered ,,ai-generated content2 7#b7 not tamper with or remove any such disclosure1 including when such covered ,,ai-generated content is transferred to or otherwise shared to another online platform2 7#c7 provide to any user sharing content the option to make content provenance information specified in subsection 7a77#a77;,b77i77,i71 as well as any additional user-specified content provenance information1 readily available to other users of such platform2 7#d7 make a good faith effort to combat the liar's dividend by implementing strategies recommended by the ,commission2 and 7#e7 to the extent technically and economically feasible1 ensure that information contained in the identification described in paragraph 7#a7 or content provenance information made available under paragraph 7#c7 is accessible1 including to individuals with disabilities4 7c7 ,artificial intelligence chatbot disclosure ,each person who1 through any means or facility of interstate or foreign commerce1 makes available to users an artificial intelligence chatbot shall include a clear and conspicuous disclosure that identifies the system as an artificial intelligence chatbot4 7d7 ,enforcement by the ,commission 7#a7 ,unfair or deceptive acts or practice ,a violation of this section shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of the ,commission 7,a7 ,in general ,the ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section4 7,b7 ,privileges and immunities ,any person who violates this section or a regulation promulgated thereunder shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7,c7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7,d7 ,regulations and guidance 7i7 ,authority to identify exceptions ,the ,commission may promulgate regulations in accordance with section #eec of title #e1 ,united ,states ,code1 to specify exceptions from the requirements of this section1 such as for de minimis pieces of content4 7ii7 ,establishment of specified safe harbors 7,i7 ,in general ,the ,commission may specify interoperable standards that comply with the requirements of this section4 7,,ii7 ,deemed compliance ,each person who makes available a generative artificial intelligence system or covered online platform shall be deemed in compliance with the requirements of this section by following the standards established by the ,commission under subclause 7,i74 #c4 ,protection of disclosures 7a7 ,prohibitions 7#a7 ,prohibition on fraudulent disclosure ,no person shall knowingly and with the intent or substantial likelihood of deceiving a third party1 enable1 facilitate1 or conceal the circumvention or falsification of a disclosure required under section #b1 by adding a disclosure1 or other information about the provenance of covered ,,ai-generated content1 that the person knows to be false4 7#b7 ,prohibition on fraudulent distribution ,no person shall knowingly and for financial benefit1 enable1 facilitate1 or conceal the circumvention or falsification of a disclosure required under section #b by knowingly distributing-- 7,a7 covered ,,ai-generated content that does not include the required disclosure2 or 7,b7 non-,,ai-generated content that includes such disclosure4 7#c7 ,prohibition on products and services for circumvention or falsification ,no person shall deliberately manufacture1 import1 or offer to the public a technology1 product1 service1 device1 component1 or part thereof that-- 7,a7 is primarily designed or produced and promoted for the purpose of circumventing1 removing1 or tampering with any disclosure required under section #b1 or for adding any such disclosure to non-,,ai-generated content1 with the intent or substantial likelihood of deceiving a third party about the provenance of a piece of digital content2 7,b7 has only limited commercially significant or expressive purpose or use other than to circumvent1 remove1 or tamper with a disclosure required under section #b1 or to add any such disclosure to non-,,ai-generated content1 and is promoted for such purposes2 or 7,c7 is marketed by such person or another person acting in concert with such person with the person's knowledge for use in circumventing1 removing1 or tampering with a disclosure required under section #b1 or for use in adding any such disclosure to non-,,ai-generated content1 with an intent to deceive a third party about the provenance of a piece of digital content4 7b7 ,exemptions 7#a7 ,in general ,nothing in subsection 7a7 shall inhibit the ability of any individual to access1 read1 or review a disclosure or the content provenance or other information contained therein4 7#b7 ,exception for nonprofit libraries1 archives1 and educational institutions 7,a7 ,in general ,except as otherwise provided in this subsection1 subsection 7a7 shall not apply to a nonprofit library1 archives1 or educational institution that generates1 distributes1 or otherwise handles covered ,,ai-generated content4 7,b7 ,commercial advantage1 financial gain1 or tortious conduct ,the exception described in subparagraph 7,a7 shall not apply to a nonprofit library1 archive1 or educational institution that willfully1 for the purpose of commercial advantage1 financial gain1 or in furtherance of tortious conduct1 violates a prohibition described in subsection 7a71 except that such nonprofit library1 archive1 or educational institution shall-- 7i7 for the first offense1 be subject to the civil remedies described in section #d2 and 7ii7 for repeated or subsequent offenses1 in addition to the civil remedies described in section #d1 forfeit the exemption provided under subparagraph 7,a74 7,c7 ,circumventing technologies ,this paragraph may not be used as a defense to a claim under paragraph 7#c7 of subsection 7a71 nor may this paragraph permit a nonprofit library1 archive1 or educational institution to manufacture1 import1 offer to the public1 provide1 or otherwise traffic in any technology1 product1 service1 component1 or part thereof1 that circumvents a disclosure required under section #b4 7,d7 ,qualifications of libraries and archives ,in order for a library or archive to qualify for the exemption described in subparagraph 7,a71 the collections of the library or archive shall be-- 7i7 open to the public2 or 7ii7 available not only to researchers affiliated with the library or archive or with the institution of which it is a part1 but also to other persons doing research in a specialized field4 7#c7 ,reverse engineering ,a researcher acting in good faith may circumvent1 remove1 add1 or tamper with a disclosure required under section #b for the purpose of improving or testing the robustness of such disclosures1 or for improving or testing the robustness of detection tools4 7#d7 ,law enforcement1 intelligence1 and other government activities ,the prohibitions described in subsection 7a7 shall not prohibit the lawfully authorized investigative1 protective1 information security1 or intelligence activity of an officer1 agent1 or employee of the ,united ,states1 a ,state1 or a political subdivision of a ,state1 or a person acting pursuant to a contract with the ,united ,states1 a ,state1 or a political subdivision of a ,state4 #d4 ,enforcement by the ,attorney ,general of the ,united ,states 7a7 ,civil action ,the ,attorney ,general may bring a civil action in an appropriate district court of the ,united ,states against any person who violates section #c7;a74 7b7 ,powers of the court ,in a civil action brought under subsection 7a71 the court-- 7#a7 may grant a temporary or permanent injunction on such terms as the court determines reasonable to prevent or restrain a violation of section #c7;a71 but may not impose a prior restraint on free speech or the press protected under the ,first ,amendment to the ,constitution of the ,united ,states2 7#b7 at any time while the civil action is pending1 may order the impounding1 on such terms as the court determines reasonable1 of any device or product that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in a violation of section #c7;a72 7#c7 may award damages under subsection 7c72 7#d7 in its discretion1 may allow the recovery of costs against any party other than the ,united ,states or an officer thereof2 and 7#e7 may1 as part of a final judgment or decree finding a violation of section #c7;a71 order the remedial modification or the destruction of any device or product involved in the violation that is in the custody or control of the violator or that has been impounded under paragraph 7#b7 of this subsection4 7c7 ,award of damages 7#a7 ,in general ,except as otherwise provided in this section1 a person committing a violation of section #c7;a7 is liable for statutory damages as provided in paragraph 7#b7 of this subsection4 7#b7 ,statutory damages 7,a7 ,election of amount based on number of acts of circumvention ,at any time before final judgment is entered in a civil action brought under subsection 7a71 the ,attorney ,general may elect to recover an award of statutory damages for each violation of section #c7;a7 in the sum of not more than #b1ejj per act of circumvention1 device1 product1 component1 offer1 or performance of service1 as the court considers just4 7,b7 ,election of amount2 total amount ,at any time before final judgment is entered in a civil action brought under subsection 7a71 the ,attorney ,general may elect to recover an award of statutory damages for each violation of section #c7;a7 in the sum of not more than #be1jjj4 7#c7 ,repeated violations ,in a civil action brought under subsection 7a71 if the ,attorney ,general sustains the burden of proving1 and the court finds1 that a person has violated section #c7;a7 within #c years after a final judgment was entered against the person for another such violation1 the court may increase the award of damages up to triple the amount that would otherwise be awarded1 as the court considers just4 7#d7 ,innocent violations 7,a7 ,in general ,the court1 in its discretion1 may reduce or remit the total award of damages under paragraph 7#b7 if the court finds that the violator was not aware and had no reason to believe that the violator's acts constituted a violation4 7,b7 ,nonprofit libraries1 archives1 educational institutions1 and public broadcasting entities ,in the case of a nonprofit library1 archive1 educational institution1 or public broadcasting entity 7as defined in section #aah7;f7 of title #ag1 ,united ,states ,code71 the court shall remit damages under paragraph 7#b7 if the library1 archive1 educational institution1 or public broadcasting entity sustains the burden of proving1 and the court finds1 that the library1 archive1 educational institution1 or public broadcasting entity was not aware and had no reason to believe that its acts constituted a violation4 7#e7 ,duplicative awards ,no compensatory damages may be awarded under this section if compensatory damages have been awarded under section #e or #f against the same defendant for the same conduct4 #e4 ,enforcement by ,states 7a7 ,civil action ,if the attorney general of a ,state has reason to believe that an interest of the residents of that ,state has been or may be adversely affected by a violation of section #c7;a71 the attorney general of the ,state may bring a civil action in the name of the ,state1 or as parens patriae on behalf of the residents of the ,state1 in an appropriate district court of the ,united ,states4 7b7 ,relief 7#a7 ,in general ,in a civil action brought under subsection 7a71 the court may award relief in accordance with section #d7;c74 7#b7 ,duplicative awards ,no compensatory damages may be awarded under this section if compensatory damages have been awarded under section #d or #f against the same defendant for the same conduct4 7c7 ,rights of ,attorney ,general and ,commission 7#a7 ,in general ,except as provided in paragraph 7#d71 the attorney general of a ,state shall notify the ,attorney ,general of the ,united ,states and the ,commission in writing prior to initiating a civil action under subsection 7a74 7#b7 ,contents ,the notification required by paragraph 7#a7 with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action4 7#c7 ,intervention ,upon receiving a notification under paragraph 7#a71 the ,attorney ,general may intervene in the civil action in accordance with subsection 7e74 7#d7 ,exception ,if it is not feasible for the attorney general of a ,state to provide the notification required by paragraph 7#a7 before initiating a civil action under subsection 7a71 the attorney general of the ,state shall notify the ,attorney ,general of the ,united ,states and the ,commission immediately upon instituting the civil action4 7d7 ,actions by ,attorney ,general ,if the ,attorney ,general of the ,united ,states institutes a civil action under section #d7;a7 for a violation of section #c7;a71 no attorney general of a ,state may1 during the pendency of the civil action1 institute a civil action against any defendant named in the complaint in the civil action instituted by the ,attorney ,general of the ,united ,states for a violation of section #c7;a7 that is alleged in the complaint4 7e7 ,intervention by ,attorney ,general ,the ,attorney ,general of the ,united ,states may intervene in any civil action brought by the attorney general of a ,state under subsection 7a7 as a matter of right pursuant to the ,federal ,rules of ,civil ,procedure1 and upon intervening be heard on all matters arising in the civil action and file petitions for appeal of a decision in the civil action4 7f7 ,investigatory powers ,nothing in this section may be construed to prevent the attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of the ,state to-- 7#a7 conduct investigations2 7#b7 administer oaths or affirmations2 or 7#c7 compel the attendance of witnesses or the production of documentary or other evidence4 7g7 ,actions by other ,state officials 7#a7 ,in general ,in addition to civil actions brought by an attorney general of a ,state under subsection 7a71 any other officer of a ,state who is authorized by the ,state to do so may bring a civil action in the same manner1 subject to the same requirements and limitations that apply under this section to civil actions brought by an attorney general of a ,state4 7#b7 ,savings provision ,nothing in this subsection may be construed to prohibit an authorized official of a ,state from initiating or continuing any proceeding in a court of the ,state for a violation of any civil or criminal law of the ,state4 #f4 ,enforcement by private parties 7a7 ,civil action ,a provider of a generative artificial intelligence system or covered online platform who is harmed by a violation of section #c7;a7 using that system or platform may bring a civil action against the violator in an appropriate district court of the ,united ,states4 7b7 ,relief 7#a7 ,in general ,in a civil action brought under subsection 7a71 the court may award relief in accordance with section #d7;c74 7#b7 ,duplicative awards ,no compensatory damages may be awarded under this section if compensatory damages have been awarded under section #d or #e against the same defendant for the same conduct4 7c7 ,rights of ,attorney ,general and ,commission 7#a7 ,in general ,the provider of a generative artificial intelligence system or covered online platform shall notify the ,attorney ,general and the ,commission in writing prior to initiating a civil action under subsection 7a74 7#b7 ,contents ,the notification required by paragraph 7#a7 with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action4 7#c7 ,intervention ,upon receiving a notification under paragraph 7#a71 the ,attorney ,general may intervene in the civil action in accordance with subsection 7e74 7d7 ,actions by attorney general ,if the ,attorney ,general institutes a civil action under section #d7;a7 for a violation of section #c7;a71 no provider of a generative artificial intelligence system or covered online platform may1 during the pendency of the civil action1 institute a civil action against any defendant named in the complaint in the action instituted by the ,attorney ,general for a violation of section #c7;a7 that is alleged in the complaint4 7e7 ,intervention by ,attorney ,general ,the ,attorney ,general may intervene in any civil action brought by a provider of a generative artificial intelligence system or covered online platform under subsection 7a7 as a matter of right pursuant to the ,federal ,rules of ,civil ,procedure1 and upon intervening be heard on all matters arising in the civil action and file petitions for appeal of a decision in the civil action4 #g4 ,,ai-generated content consumer transparency working group 7#a7 ,establishment ,not later than #ij days after the date of enactment of this section1 the ,director of the ,national ,institute of ,standards and ,technology 7in this section referred to as the ,director71 in coordination with the ,commission1 shall establish the ,,ai-generated content consumer transparency working group 7in this section referred to as the ,working ,group74 7#b7 ,membership ,the ,working ,group shall include members from the following3 7,a7 ,relevant ,federal agencies4 7,b7 ,developers of any generative artificial intelligence system4 7,c7 ,private sector groups engaged in the development of content detection and content provenance standards1 audiovisual media formats1 and open-source implementation of such standards and formats4 7,d7 ,social media platforms and other covered online platforms4 7,e7 ,academic institutions and other relevant entities4 7,f7 ,privacy advocates and experts4 7,g7 ,media organizations1 including news publishers and image providers4 7,h7 ,technical experts in digital forensics1 cryptography1 content manipulation1 digital disability accessibility1 and secure digital content and delivery4 7,i7 ,user experience designers and consumer behavior experts or consumer psychologists4 7,j7 ,groups or individuals representing victims affected by covered ,,ai-generated content4 7,k7 ,any other entity determined appropriate by the ,director or by other relevant ,federal agencies4 7#c7 ,coordination and delegation of duties ,the ,working ,group shall be convened by the ,director1 who shall delegate leadership on particular duties 7or components of such duties7 to the ,national ,institute of ,standards and ,technology and to its existing content provenance workstreams1 to the ,commission1 or to other relevant ,federal agencies1 as appropriate4 7#d7 ,duties ,the duties of the ,working ,group shall include the following3 7,a7 ,providing technical standards for identifying and labeling covered ,,ai-generated content1 including by considering existing1 or developing new1 standards that assist with identifying1 maintaining1 interpreting1 and displaying content provenance information1 and establishing guidelines and best practices for covered online platforms to implement such standards and the ,commission to enforce the provisions of this ,act4 7,b7 ,considering how to ensure any labels and content provenance information are1 to the extent economically and technically feasible-- 7i7 indelible1 tamper-resistant1 and tamper-evident to improve accuracy and ease of identification2 and 7ii7 interoperable across all covered online platforms1 widely used content-creation software applications1 and other digital ecosystem considerations that are necessary to maintain disclosure integrity when transferring from one online platform1 software application1 operating system1 or device to another4 7,c7 ,providing the ,commission with guidance regarding-- 7i7 the technical and economic feasibility of the requirements of this ,act2 and 7ii7 the detection of covered ,,ai-generated content1 including by determining-- 7,i7 reasonable criteria for detection accuracy2 7,,ii7 what widely available tools1 if any1 meet the criteria described in subclause 7,i72 and 7,,iii7 any additional information that should be included within the machine readable disclosures required by section #b7;a77#a77;,b77i77,i77dd74 7,d7 ,in order to inform enforcement of this ,act1 providing to the ,commission clarifications and examples of digital content 7which the ,commission shall distribute to covered online platforms or providers of any generative artificial intelligence system7 that-- 7i7 is created or substantially modified by generative artificial intelligence systems2 7ii7 has had its meaning materially added1 removed1 or altered by a generative artificial intelligence system2 7iii7 is realistic enough such that a reasonable person would not necessarily assume the content was created or substantially modified by a generative artificial intelligence system2 and 7iv7 is not considered covered ,,ai-generated content and would not require the disclosures required by section #b4 7,e7 ,developing recommendations for content detection and secure content provenance practices for any content that is produced by a generative artificial intelligence system and is not covered under the requirements of this ,act1 including text4 7,f7 ,developing research and evidence regarding-- 7i7 the impact of covered ,,ai-generated content and required disclosures on consumer behavior2 and 7ii7 how standards and guidelines can contribute to an information environment that is transparent and not overwhelming for consumers4 7,g7 ,supporting the development of guidelines and best practices to address circumvention techniques and improve the enforcement of the requirements of this ,act4 7,h7 ,providing the ,commission with guidelines and best practices regarding how covered online platforms can combat the liar's dividend1 including strategies to help ensure that non-,,ai-generated content is not falsely labeled as covered ,,ai-generated content4 7#e7 ,standards ,not later than #a year after the date on which the ,working ,group is established under paragraph 7#a71 the ,working ,group shall publish technical standards1 guidelines1 and recommendations to implement and enforce the provisions of this ,act1 taking into account the criteria described in paragraph 7#d7 and the relevant expertise of the members of the ,working ,group4 7#f7 ,report to ,congress ,not later than #ahj days after the ,working ,group publishes the standards under paragraph 7#e71 the ,director shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report that includes recommendations for legislative action4 7#g7 ,sunset ,the working group shall terminate #fj days after the date on which the ,director submits the report required by paragraph 7#f71 and may be reconvened periodically at the discretion of the ,director or the ,commission to consider further developments in relevant technologies and research4 #h4 ,definitions ,in this ,act3 7#a7 ,artificial intelligence chatbot ,the term artificial intelligence chatbot means a generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates textual1 audio1 or visually based conversation1 including a system that-- 7,a7 through an application programming interface1 or similar direct connection1 publicly posts digital content or text2 or 7,b7 integrates with a search engine to provide a conversational search experience4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,content provenance ,the term content provenance means-- 7,a7 information about the origin of a piece of content and the history of modifications to the content that is in a format that is compliant with widely adopted guidelines or specifications promulgated by an established standards-setting body2 or 7,b7 data that is embedded into digital content1 or that is included in the metadata of the digital content1 for the purpose of verifying the authenticity or history of modification of the digital content4 7#d7 ,covered ,,ai-generated content ,the term covered ,,ai-generated content means digital content that is created or substantially modified by a generative artificial intelligence system such that-- 7,a7 the use of the system materially alters1 adds1 or removes the meaning or significance that a reasonable person would interpret from the content2 and 7,b7 a reasonable person would believe that the content is not generated using a generative artificial intelligence system4 7#e7 ,covered online platform ,the term covered online platform means any public-facing website or software application available to users that-- 7,a7 predominantly provides a forum for user-to-user sharing or searching of content 7including covered ,,ai-generated content71 including a social media service1 social network1 search engine1 or content aggregation service available to users2 and 7,b7 either-- 7i7 at any point during the preceding #ab months1 has at least #aj1jjj1jjj unique monthly users or subscribers in the ,united ,states2 or 7ii7 during the most recently completed taxable year1 had more than #a1ejj1jjj1jjj gross revenue4 7#f7 ,digital content ,the term digital content means an image1 video1 or audio content1 or any combination thereof1 that exists in the form of digital data4 7#g7 ,generative artificial intelligence system ,the term generative artificial intelligence system means any system or software application that uses artificial intelligence 7as defined in section #bch7;g7 of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai7 to create or substantially modify digital content4 7#h7 ,liar's dividend ,the term liar's dividend means1 with respect to covered ,,ai-generated content1 the benefit that a bad actor may receive or otherwise gain by falsely claiming that non-,,ai-generated content is covered ,,ai-generated content4 7#i7 ,machine-readable ,the term machine-readable has the meaning given such term in section #cejb of title #dd1 ,united ,states ,code4 7#aj7 ,non-,,ai-generated content ,the term non-,,ai-generated content means content that was not created or substantially modified by a generative artificial intelligence system4 7#aa7 ,open-source ,the term open-source means1 with respect to software1 a software project with source code that is publicly available for anyone to view1 modify1 and distribute4