General AI Communications Act Immunity

Amends Section 230 of the Communications Act of 1934 (which prevents providers of an interactive computer service from being held legally liable for third-party content) to remove this protection for claims involving the use or provision of generative artificial intelligence.

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General AI Communications Act Immunity

ETO AGORA · U.S. federal laws · 2023

Summary

Amends Section 230 of the Communications Act of 1934 (which prevents providers of an interactive computer service from being held legally liable for third-party content) to remove this protection for claims involving the use or provision of generative artificial intelligence.

Waives immunity for generative AI claims under section 230 of the Communications Act of 1934.

S. 1993

To waive immunity under section 230 of the Communications Act of 1934 for claims and charges related to generative artificial intelligence.

IN THE SENATE OF THE UNITED STATES

June 14, 2023

Introduces a bill to waive Section 230 immunity for generative AI-related claims and charges.

Mr. Hawley (for himself and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To waive immunity under section 230 of the Communications Act of 1934 for claims and charges related to generative artificial intelligence.

Amends Section 230 to remove immunity for claims related to generative artificial intelligence conduct.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. NO SECTION 230 IMMUNITY FOR CLAIMS AND CHARGES RELATED TO GENERATIVE ARTIFICIAL INTELLIGENCE.

Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is amended—

(1) in subsection (e), by adding at the end the following:

“(6) NO EFFECT ON CLAIMS RELATED TO GENERATIVE ARTIFICIAL INTELLIGENCE.—Nothing in this section (other than subsection (c)(2)(A)) shall be construed to impair or limit any claim in a civil action or charge in a criminal prosecution brought under Federal or State law against the provider of an interactive computer service if the conduct underlying the claim or charge involves the use or provision of generative artificial intelligence by the interactive computer service.”; and

(2) in subsection (f), by adding at the end the following:

“(5) GENERATIVE ARTIFICIAL INTELLIGENCE.—The term ‘generative artificial intelligence’ means an artificial intelligence system that is capable of generating novel text, video, images, audio, and other media based on prompts or other forms of data provided by a person.”.

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