AI companies would be barred by federal law from using copyrighted material or personal data to train language models in new legislation introduced Monday by Sens. Josh Hawley, a Republican from Missouri, and Connecticut Democrat Richard Blumenthal.
The AI Accountability and Personal Data Protection Act would give both individuals and companies a path to sue for use of their personal data or copyrighted works without prior consent.
“AI companies are robbing the American people blind while leaving artists, writers and other creators with zero recourse,” Hawley said in a statement. “It’s time for Congress to give the American worker their day in court to protect their personal data and creative works.”
The bill also prohibits use of data if consent was “obtained through coercion or deception; or as a condition of using a product or service through which the … covered data exceeds what is reasonably necessary to provide that product or service.”
Blumenthal added: “Tech companies must be held accountable – and liable legally – when they breach consumer privacy, collecting, monetizing or sharing personal information without express consent. Consumers must be given rights and remedies – and legal tools to make them real – not relying on government enforcement alone.”
The issue is at a crossroads, as several large publishers have made licensing deals with companies like OpenAI to train large-language models on their copyrighted material. Meanwhile the ChatGPT parent has argued fair use in other cases that are still in litigation.
Hawley’s proposed legislation aims to counter a court ruling last month that gave AI companies a key legal victory, allowing companies to train their models on copyrighted work without the consent of creators or rights holders — as long as those works were obtained legally.
The ruling granted a lot of wiggle room in how AI companies go about legally obtaining copyrighted material, too. Rather than striking expensive licensing deals with publishers, AI companies can spend $2.50 on an issue of The New York Times and upload it to their training database, for example.
To read more about how Hollywood creators like Aubrey Plaza, Ben Stiller, and Joseph Gordon-Levitt are pushing back on AI companies using copyrighted work without paying those who created it, click here.
