,,ii #aaith ,,congress #b;d ,session ,s4 #eaje ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bc1 #bjbf,mr4 ,schiff 7for himself and ,mr4 ,banks7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to establish the applicability of antitrust laws to the sharing of artificial intelligence frontier model risks1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,collaboration on ,adversarial ,threats and ,security ,risks ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,antitrust laws 7,a7 ,in general ,the term antitrust laws has the meaning given that term in section #ajb of the ,cybersecurity ,information ,sharing ,act of #bjae 7#f ,u4,s4,c4 #aeja74 7,b7 ,rule of construction ,for the purposes of this ,act1 the laws described in section #ajb7b7 of the ,cybersecurity ,information ,sharing ,act of #bjae 7#f ,u4,s4,c4 #aeja7b77 are consistent to the extent they do not conflict4 7#b7 ,artificial intelligence ,the term artificial intelligence has the meaning given that term in section #bch7;g7 of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7#aj ,u4,s4,c4 #djja note74 7#c7 ,assistance ,the term assistance includes the provision of software1 hardware1 data1 personnel1 and other resources4 7#d7 ,assistant ,attorney ,general ,the term ,assistant ,attorney ,general means the ,assistant ,attorney ,general in charge of the ,antitrust ,division of the ,department of ,justice4 7#e7 ,covered artificial intelligence security purpose ,the term covered artificial intelligence security purpose means the purpose of protecting against1 identifying1 evaluating1 testing1 analyzing1 preventing1 investigating1 or mitigating a covered artificial intelligence security risk4 7#f7 ,covered artificial intelligence security risk ,the term covered artificial intelligence security risk means the potential for artificial intelligence1 including during development1 training1 testing1 evaluation1 deployment1 use1 or release1 to do one or more of the following3 7,a7 ,be stolen1 distilled1 weaponized1 trained1 developed1 or deployed by a covered nation 7as defined in section #dhgb7;f77#b7 of title #aj1 ,united ,states ,code7 or an entity owned1 controlled1 or directed by a covered nation in a manner that poses a significant threat to the national security1 including through covert1 clandestine1 undisclosed1 or otherwise concealed development activities that attempt to evade detection or verification4 7,b7 ,substantially facilitate the development or deployment of a chemical1 biological1 radiological1 nuclear1 or offensive cyber weapon4 7,c7 ,cause a disruption to1 degradation of1 impairment of1 or loss of operational control over critical infrastructure that is reasonably likely to result in a significant impact on security1 national public health or safety1 or any combination thereof4 7,d7 ,substantially reduce the ability of a developer1 deployer1 owner1 operator1 user1 evaluator1 auditor1 ,federal department or agency1 or other governmental authority to oversee1 evaluate1 monitor1 control1 contain1 restrict access to1 disable1 or terminate such artificial intelligence1 if the applicable person or governmental authority has authority or responsibility to do so1 including through unauthorized1 deceptive1 evasive1 or malicious activity involving such artificial intelligence4 7,e7 ,autonomously improve1 or substantially facilitate the autonomous improvement of1 the capabilities of artificial intelligence in a manner that creates a substantial risk of a consequence described in subparagraph 7,a71 7,b71 7,c71 or 7,d74 7,f7 ,be vulnerable to unauthorized access that-- 7i7 creates a substantial risk of a consequence described in subparagraphs 7,a7 through 7,e72 or 7ii7 is for the benefit of1 at the direction of1 or under the control of-- 7,i7 a covered nation 7as defined in section #dhgb7;f77#b7 of title #aj1 ,united ,states ,code72 or 7,,ii7 an entity owned1 controlled1 or directed by a covered nation4 7#g7 ,exclusive purpose ,the term exclusive purpose1 with respect to an action1 means for the purpose of1 with not more than an insubstantial part of the relevant action being for other purposes4 7#h7 ,non-,federal entity ,the term non-,federal entity has the meaning given that term in section #ajb of the ,cybersecurity ,information ,sharing ,act of #bjae 7#f ,u4,s4,c4 #aeja74 7#i7 ,unauthorized access ,the term unauthorized access with respect to artificial intelligence-- 7,a7 means unauthorized access or use of artificial intelligence2 and 7,b7 includes-- 7i7 extraction or copying of model weights1 parameters1 or other nonpublic model information2 7ii7 systematic querying or automated extraction designed to distill1 replicate1 or reconstruct model capabilities2 and 7iii7 compromise affecting the integrity1 reliability1 or security of artificial intelligence1 including through malicious code1 a backdoor1 manipulated data1 or compromise of an artificial intelligence model1 training dataset1 or artificial intelligence component4 #c4 ,antitrust exemption 7a7 ,in general ,it shall not be considered a violation of any provision of the antitrust laws for-- 7#a7 ,two or more non-,federal entities to provide or exchange information or assistance relating to a covered artificial intelligence security risk in good faith for the exclusive purpose of a covered artificial intelligence security purpose2 or 7#b7 ,two or more non-,federal entities to coordinate or enter into agreements for the exclusive purpose of reducing covered artificial intelligence security risks via delaying or otherwise limiting the release1 deployment1 use1 development1 training1 testing1 or evaluation of artificial intelligence1 provided that the non-,federal entities submit to the ,assistant ,attorney ,general1 before undertaking the proposed coordinated delay or limitation1 written notice detailing the specific covered artificial intelligence security risk and the scope of the proposed restriction4 7b7 ,limitation ,subsection 7a7 shall not apply to a non-,federal entity receiving information or assistance unless the non-,federal entity uses such information or assistance for a covered artificial intelligence security purpose and has implemented reasonable internal controls to limit the extent to which such information or assistance can be used for other purposes4 7c7 ,affirmative defense ,in any action or proceeding brought under the antitrust laws1 the exemption provided under subsection 7a7 shall constitute an affirmative defense1 and any non-,federal entity claiming the exemption shall bear the burden of proving by a preponderance of the evidence that the entity's actions were taken in good faith and for the exclusive purpose described in subsection 7a74 7d7 ,rule of construction 7#a7 ,in general ,subsection 7a77#a7 shall not be construed to permit price-fixing1 allocating a market between competitors1 monopolizing or attempting to monopolize a market1 boycotting1 or exchanges of price or cost information4 7#b7 ,private right of action ,nothing in this ,act shall be construed as limiting any private right of action with respect to any violation of the antitrust laws that are not exempt under this section4 7e7 ,exemption from disclosure ,any information submitted to the ,assistant ,attorney ,general pursuant to subsection 7a77#b71 including any written notice submitted under that subsection and any information derived from such submission that would reveal the substance of such submission1 shall be-- 7#a7 used solely for the purpose of section #d2 7#b7 deemed voluntarily shared information and exempt from disclosure under section #eeb of title #e1 ,united ,states ,code2 and 7#c7 withheld1 without discretion1 from the public under section #eeb7;b77#c7 of title #e1 ,united ,states ,code4 #d4 ,injunctive relief 7a7 ,in general ,the ,attorney ,general may seek1 in a court of competent jurisdiction1 an injunction against the non-,federal entities described in section #c to prohibit an action that violates the antitrust laws4 7b7 ,no immunity or exemption ,in any action described in subsection 7a71 this ,act shall not be construed to create any immunity or exemption from injunctive relief if-- 7#a7 the non-,federal entities do not satisfy the burden of proof under section #c7;c72 or 7#b7 the ,attorney ,general demonstrates that1 notwithstanding the covered artificial intelligence security purpose1 the actions are reasonably likely to result in an overall increase in covered artificial intelligence security risks4