Hawley and Blumenthal Push Bill to Let Americans Sue AI Companies for Using Data Without Consent

From policy text

“Any person who, in or affecting interstate or foreign commerce, appropriates, uses, collects, processes, sells, or otherwise exploits the covered data of an individual, without the express, prior consent of the individual, shall be liable to the individual in accordance with this section.”

From policy text

“the training of a generative artificial intelligence system that is sold, rented, licensed, or otherwise used by the provider of the generative artificial intelligence system; and (B) the generation, by a generative artificial intelligence system, of any covered data that pertains to an individual, including content that imitates, replicates, or is substantially derived from the covered data of the individual.”

From policy text

“compensatory damages in an amount equal to the greater of-- (i) actual damages; (ii) treble any profits from the appropriation, use, collection, processing, sale, or other exploitation of the covered data of the individual as described in subsection (a); or (iii) $1,000”

From policy text

“shall be presented distinctly and separately from any privacy policy, terms of service, or other general conditions or agreements; and (B) shall not be satisfied by the mere inclusion of a hyperlink or general reference to a privacy policy, user agreement, or other similar document.”

From policy text

“a predispute arbitration agreement or predispute joint-action waiver shall not be valid or enforceable with respect to any claim arising under this Act.”

From policy text

“Nothing in this Act shall be construed to preempt or limit any law, rule, regulation, or common law doctrine of any State that is in effect as of the date of enactment of this Act.”