(a)(1) 7 PROHIBITION ON FRAUDULENT DISCLOSURE.—No person shall knowingly and with the intent or substantial likelihood of deceiving a third party, enable, facilitate, or conceal the circumvention or falsification of a disclosure required under section 2, by adding a disclosure, or other information about the provenance of covered AI-generated contentCovered AI-generated contentThe term ‘‘covered AI-generated content’’ means digital content that is created or substantially modified by a generative artificial intelligence system such that— (A) the use of the system materially alters, adds, or removes the meaning or significance that a reasonable person would interpret from the content; and (B) a reasonable person would believe that the content is not generated using a generative artificial intelligence system.Sec. 8(4), that the person knows to be false.

(a)(2) 7 PROHIBITION ON FRAUDULENT DISTRIBUTION.—No person shall knowingly and for financial benefit, enable, facilitate, or conceal the circumvention or falsification of a disclosure required under section 2 by knowingly distributing— (A) covered AI-generated contentCovered AI-generated contentThe term ‘‘covered AI-generated content’’ means digital content that is created or substantially modified by a generative artificial intelligence system such that— (A) the use of the system materially alters, adds, or removes the meaning or significance that a reasonable person would interpret from the content; and (B) a reasonable person would believe that the content is not generated using a generative artificial intelligence system.Sec. 8(4) that does not include the required disclosure; or (B) non-AI-generated contentNon-AI-generated contentThe term ‘‘non-AI-generated content’’ means content that was not created or substantially modified by a generative artificial intelligence system.Sec. 8(10) that includes such disclosure.

(a)(3) 7 PROHIBITION ON PRODUCTS AND SERVICES FOR CIRCUMVENTION OR FALSIFICATION.—No person shall deliberately manufacture, import, or offer to the public a technology, product, service, device, component, or part thereof that— (A) is primarily designed or produced and promoted for the purpose of circumventing, removing, or tampering with any disclosure required under section 2, or for adding any such disclosure to non-AI-generated contentNon-AI-generated contentThe term ‘‘non-AI-generated content’’ means content that was not created or substantially modified by a generative artificial intelligence system.Sec. 8(10), with the intent or substantial likelihood of deceiving a third party about the provenance of a piece of digital contentDigital contentThe term ‘‘digital content’’ means an image, video, or audio content, or any combination thereof, that exists in the form of digital data.Sec. 8(6); (B) has only limited commercially significant or expressive purpose or use other than to circumvent, remove, or tamper with a disclosure required under section 2, or to add any such disclosure to non-AI-generated contentNon-AI-generated contentThe term ‘‘non-AI-generated content’’ means content that was not created or substantially modified by a generative artificial intelligence system.Sec. 8(10), and is promoted for such purposes; or (C) is marketed by such person or another person acting in concert with such person with the person’s knowledge for use in circumventing, removing, or tampering with a disclosure required under section 2, or for use in adding any such disclosure to non-AI-generated contentNon-AI-generated contentThe term ‘‘non-AI-generated content’’ means content that was not created or substantially modified by a generative artificial intelligence system.Sec. 8(10), with an intent to deceive a third party about the provenance of a piece of digital contentDigital contentThe term ‘‘digital content’’ means an image, video, or audio content, or any combination thereof, that exists in the form of digital data.Sec. 8(6).

(b) EXEMPTIONS.— (1) IN GENERAL.—Nothing in subsection (a) shall inhibit the ability of any individual to access, read, or review a disclosure or the content provenanceContent provenanceThe term ‘‘content provenance’’ means— (A) 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 body; or (B) data that is embedded into digital content, or that is included in the metadata of the digital content, for the purpose of verifying the authenticity or history of modification of the digital content.Sec. 8(3) or other information contained therein. (2) EXCEPTION FOR NONPROFIT LIBRARIES, ARCHIVES, AND EDUCATIONAL INSTITUTIONS.— (A) IN GENERAL.—Except as otherwise provided in this subsection, subsection (a) shall not apply to a nonprofit library, archives, or educational institution that generates, distributes, or otherwise handles covered AI-generated contentCovered AI-generated contentThe term ‘‘covered AI-generated content’’ means digital content that is created or substantially modified by a generative artificial intelligence system such that— (A) the use of the system materially alters, adds, or removes the meaning or significance that a reasonable person would interpret from the content; and (B) a reasonable person would believe that the content is not generated using a generative artificial intelligence system.Sec. 8(4). (B) COMMERCIAL ADVANTAGE, FINANCIAL GAIN, OR TORTIOUS CONDUCT.—The exception described in subparagraph (A) shall not apply to a nonprofit library, archive, or educational institution that willfully, for the purpose of commercial advantage, financial gain, or in furtherance of tortious conduct, violates a prohibition described in subsection (a), except that such nonprofit library, archive, or educational institution shall— (i) for the first offense, be subject to the civil remedies described in section 4; and (ii) for repeated or subsequent offenses, in addition to the civil remedies described in section 4, forfeit the exemption provided under subparagraph (A). (C) CIRCUMVENTING TECHNOLOGIES.—This paragraph may not be used as a defense to a claim under paragraph (3) of subsection (a), nor may this paragraph permit a nonprofit library, archive, or educational institution to manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, component, or part thereof, that circumvents a disclosure required under section 2. (D) QUALIFICATIONS OF LIBRARIES AND ARCHIVES.—In order for a library or archive to qualify for the exemption described in subparagraph (A), the collections of the library or archive shall be— (i) open to the public; or (ii) available not only to researchers affiliated with the library or archive or with the institution of which it is a part, but also to other persons doing research in a specialized field. (3) REVERSE ENGINEERING.—A researcher acting in good faith may circumvent, remove, add, or tamper with a disclosure required under section 2 for the purpose of improving or testing the robustness of such disclosures, or for improving or testing the robustness of detection tools. (4) LAW ENFORCEMENT, INTELLIGENCE, AND OTHER GOVERNMENT ACTIVITIES.—The prohibitions described in subsection (a) shall not prohibit the lawfully authorized investigative, protective, information security, or intelligence activity of an officer, agent, or employee of the United States, a State, or a political subdivision of a State, or a person acting pursuant to a contract with the United States, a State, or a political subdivision of a State.

(a)-(c) SEC. 4. ENFORCEMENT BY THE ATTORNEY GENERAL OF THE UNITED STATES. (a) 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 3(a). (b) POWERS OF THE COURT.—In a civil action brought under subsection (a), the court— (1) may grant a temporary or permanent injunction on such terms as the court determines reasonable to prevent or restrain a violation of section 3(a), but may not impose a prior restraint on free speech or the press protected under the First Amendment to the Constitution of the United States; (2) at any time while the civil action is pending, may order the impounding, on such terms as the court determines reasonable, 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 3(a); (3) may award damages under subsection (c); (4) in its discretion, may allow the recovery of costs against any party other than the United States or an officer thereof; and (5) may, as part of a final judgment or decree finding a violation of section 3(a), 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 (2) of this subsection. (c) AWARD OF DAMAGES.—(1) IN GENERAL.—Except as otherwise provided in this section, a person committing a violation of section 3(a) is liable for statutory damages as provided in paragraph (2) of this subsection. (2) STATUTORY DAMAGES.—(A) 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 (a), the Attorney General may elect to recover an award of statutory damages for each violation of section 3(a) in the sum of not more than $2,500 per act of circumvention, device, product, component, offer, or performance of service, as the court considers just. (B) ELECTION OF AMOUNT; TOTAL AMOUNT.—At any time before final judgment is entered in a civil action brought under subsection (a), the Attorney General may elect to recover an award of statutory damages for each violation of section 3(a) in the sum of not more than $25,000. (3) REPEATED VIOLATIONS.—In a civil action brought under subsection (a), if the Attorney General sustains the burden of proving, and the court finds, that a person has violated section 3(a) within 3 years after a final judgment was entered against the person for another such violation, the court may increase the award of damages up to triple the amount that would otherwise be awarded, as the court considers just. (4) INNOCENT VIOLATIONS.—(A) IN GENERAL.—The court, in its discretion, may reduce or remit the total award of damages under paragraph (2) if the court finds that the violator was not aware and had no reason to believe that the violator’s acts constituted a violation. (B) NONPROFIT LIBRARIES, ARCHIVES, EDUCATIONAL INSTITUTIONS, AND PUBLIC BROADCASTING ENTITIES.—In the case of a nonprofit library, archive, educational institution, or public broadcasting entity (as defined in section 118(f) of title 17, United States Code), the court shall remit damages under paragraph (2) if the library, archive, educational institution, or public broadcasting entity sustains the burden of proving, and the court finds, that the library, archive, educational institution, or public broadcasting entity was not aware and had no reason to believe that its acts constituted a violation. (5) DUPLICATIVE AWARDS.—No compensatory damages may be awarded under this section if compensatory damages have been awarded under section 5 or 6 against the same defendant for the same conduct.

(a)-(g) SEC. 5. ENFORCEMENT BY STATES. (a) 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 3(a), the attorney general of the State may bring a civil action in the name of the State, or as parens patriae on behalf of the residents of the State, in an appropriate district court of the United States. (b) RELIEF.—(1) IN GENERAL.—In a civil action brought under subsection (a), the court may award relief in accordance with section 4(c). (2) DUPLICATIVE AWARDS.—No compensatory damages may be awarded under this section if compensatory damages have been awarded under section 4 or 6 against the same defendant for the same conduct. (c) RIGHTS OF ATTORNEY GENERAL AND COMMISSIONCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Sec. 8(2).—[notification, contents, intervention, and exception provisions]. (d) ACTIONS BY ATTORNEY GENERAL.—If the Attorney General of the United States institutes a civil action under section 4(a) for a violation of section 3(a), no attorney general of a State may, during the pendency of the civil action, 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 3(a) that is alleged in the complaint. (e) 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 (a) as a matter of right pursuant to the Federal Rules of Civil Procedure, and upon intervening be heard on all matters arising in the civil action and file petitions for appeal of a decision in the civil action. (f) 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—(1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary or other evidence. (g) ACTIONS BY OTHER STATE OFFICIALS.—[authorization and savings provision].

(a)-(e) SEC. 6. ENFORCEMENT BY PRIVATE PARTIES. (a) CIVIL ACTION.—A provider of a generative artificial intelligence systemGenerative artificial intelligence systemThe term ‘‘generative artificial intelligence system’’ means any system or software application that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to create or substantially modify digital content.Sec. 8(7) or covered online platformCovered online platformThe term ‘‘covered online platform’’ means any public-facing website or software application available to users that— (A) predominantly provides a forum for user-to-user sharing or searching of content (including covered AI-generated content), including a social media service, social network, search engine, or content aggregation service available to users; and (B) either— (i) at any point during the preceding 12 months, has at least 10,000,000 unique monthly users or subscribers in the United States; or (ii) during the most recently completed taxable year, had more than $1,500,000,000 gross revenue.Sec. 8(5) who is harmed by a violation of section 3(a) using that system or platform may bring a civil action against the violator in an appropriate district court of the United States. (b) RELIEF.—(1) IN GENERAL.—In a civil action brought under subsection (a), the court may award relief in accordance with section 4(c). (2) DUPLICATIVE AWARDS.—No compensatory damages may be awarded under this section if compensatory damages have been awarded under section 4 or 5 against the same defendant for the same conduct. (c) RIGHTS OF ATTORNEY GENERAL AND COMMISSIONCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Sec. 8(2).—[notification, contents, and intervention provisions]. (d) ACTIONS BY ATTORNEY GENERAL.—If the Attorney General institutes a civil action under section 4(a) for a violation of section 3(a), no provider of a generative artificial intelligence systemGenerative artificial intelligence systemThe term ‘‘generative artificial intelligence system’’ means any system or software application that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to create or substantially modify digital content.Sec. 8(7) or covered online platformCovered online platformThe term ‘‘covered online platform’’ means any public-facing website or software application available to users that— (A) predominantly provides a forum for user-to-user sharing or searching of content (including covered AI-generated content), including a social media service, social network, search engine, or content aggregation service available to users; and (B) either— (i) at any point during the preceding 12 months, has at least 10,000,000 unique monthly users or subscribers in the United States; or (ii) during the most recently completed taxable year, had more than $1,500,000,000 gross revenue.Sec. 8(5) may, during the pendency of the civil action, institute a civil action against any defendant named in the complaint in the action instituted by the Attorney General for a violation of section 3(a) that is alleged in the complaint. (e) INTERVENTION BY ATTORNEY GENERAL.—The Attorney General may intervene in any civil action brought by a provider of a generative artificial intelligence systemGenerative artificial intelligence systemThe term ‘‘generative artificial intelligence system’’ means any system or software application that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to create or substantially modify digital content.Sec. 8(7) or covered online platformCovered online platformThe term ‘‘covered online platform’’ means any public-facing website or software application available to users that— (A) predominantly provides a forum for user-to-user sharing or searching of content (including covered AI-generated content), including a social media service, social network, search engine, or content aggregation service available to users; and (B) either— (i) at any point during the preceding 12 months, has at least 10,000,000 unique monthly users or subscribers in the United States; or (ii) during the most recently completed taxable year, had more than $1,500,000,000 gross revenue.Sec. 8(5) under subsection (a) as a matter of right pursuant to the Federal Rules of Civil Procedure, and upon intervening be heard on all matters arising in the civil action and file petitions for appeal of a decision in the civil action.

(1)-(7) SEC. 7. AI-GENERATED CONTENT CONSUMER TRANSPARENCY WORKING GROUP. (1) ESTABLISHMENT.—Not later than 90 days after the date of enactment of this section, the Director of the National Institute of Standardsand Technology (in this section referred to as the ‘‘Director’’), in coordination with the CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Sec. 8(2), shall establish the AI-generated content consumer transparency working group (in this section referred to as the ‘‘Working Group’’). (2) MEMBERSHIP.—The Working Group shall include members from relevant Federal agencies, developers of generative artificial intelligence systemsGenerative artificial intelligence systemThe term ‘‘generative artificial intelligence system’’ means any system or software application that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to create or substantially modify digital content.Sec. 8(7), private sector standards groups, covered online platformsCovered online platformThe term ‘‘covered online platform’’ means any public-facing website or software application available to users that— (A) predominantly provides a forum for user-to-user sharing or searching of content (including covered AI-generated content), including a social media service, social network, search engine, or content aggregation service available to users; and (B) either— (i) at any point during the preceding 12 months, has at least 10,000,000 unique monthly users or subscribers in the United States; or (ii) during the most recently completed taxable year, had more than $1,500,000,000 gross revenue.Sec. 8(5), academic institutions, privacy advocates, media organizations, technical experts, user experience designers and consumer psychologists, groups representing victims, and other appropriate entities. (3) COORDINATION AND DELEGATION OF DUTIES.—The Working Group shall be convened by the Director, who shall delegate leadership on particular duties to NIST, the CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Sec. 8(2), or other relevant Federal agencies. (4) DUTIES.—The duties of the Working Group shall include providing technical standards for identifying and labeling covered AI-generated contentCovered AI-generated contentThe term ‘‘covered AI-generated content’’ means digital content that is created or substantially modified by a generative artificial intelligence system such that— (A) the use of the system materially alters, adds, or removes the meaning or significance that a reasonable person would interpret from the content; and (B) a reasonable person would believe that the content is not generated using a generative artificial intelligence system.Sec. 8(4); considering how to ensure labels and provenance information are indelible, tamper-resistant, tamper-evident, and interoperable; providing the CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Sec. 8(2) guidance on technical and economic feasibility and detection; providing clarifications and examples of digital contentDigital contentThe term ‘‘digital content’’ means an image, video, or audio content, or any combination thereof, that exists in the form of digital data.Sec. 8(6); developing recommendations for content not covered by this Act, including text; developing research on consumer impact; supporting best practices to address circumvention; and providing guidelines to combat the liar's dividendLiar's dividendThe term ‘‘liar’s dividend’’ means, with respect to covered AI-generated content, the benefit that a bad actor may receive or otherwise gain by falsely claiming that non-AI-generated content is covered AI-generated content.Sec. 8(8). (5) STANDARDS.—Not later than 1 year after the date on which the Working Group is established under paragraph (1), the Working Group shall publish technical standards, guidelines, and recommendations to implement and enforce the provisions of this Act. (6) REPORT TO CONGRESS.—Not later than 180 days after the Working Group publishes the standards under paragraph (5), the Director shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Science, Space, and Technology of the House of Representatives a report that includes recommendations for legislative action. (7) SUNSET.—The working group shall terminate 60 days after the date on which the Director submits the report required by paragraph (6), and may be reconvened periodically at the discretion of the Director or the CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Sec. 8(2) to consider further developments in relevant technologies and research.

(1)-(11) SEC. 8. DEFINITIONS. In this Act: (1) ARTIFICIAL INTELLIGENCE CHATBOTArtificial intelligence chatbotThe term ‘‘artificial intelligence chatbot’’ means a generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates textual, audio, or visually based conversation, including a system that— (A) through an application programming interface, or similar direct connection, publicly posts digital content or text; or (B) integrates with a search engine to provide a conversational search experience.Sec. 8(1).—The term ‘‘artificial intelligence chatbotArtificial intelligence chatbotThe term ‘‘artificial intelligence chatbot’’ means a generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates textual, audio, or visually based conversation, including a system that— (A) through an application programming interface, or similar direct connection, publicly posts digital content or text; or (B) integrates with a search engine to provide a conversational search experience.Sec. 8(1)’’ means a generative artificial intelligence systemGenerative artificial intelligence systemThe term ‘‘generative artificial intelligence system’’ means any system or software application that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to create or substantially modify digital content.Sec. 8(7) with which users can interact by or through an interface that approximates or simulates textual, audio, or visually based conversation, including a system that— (A) through an application programming interface, or similar direct connection, publicly posts digital contentDigital contentThe term ‘‘digital content’’ means an image, video, or audio content, or any combination thereof, that exists in the form of digital data.Sec. 8(6) or text; or (B) integrates with a search engine to provide a conversational search experience. (2) COMMISSIONCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Sec. 8(2).—The term ‘‘CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Sec. 8(2)’’ means the Federal Trade CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Sec. 8(2). (3) CONTENT PROVENANCEContent provenanceThe term ‘‘content provenance’’ means— (A) 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 body; or (B) data that is embedded into digital content, or that is included in the metadata of the digital content, for the purpose of verifying the authenticity or history of modification of the digital content.Sec. 8(3).—The term ‘‘content provenanceContent provenanceThe term ‘‘content provenance’’ means— (A) 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 body; or (B) data that is embedded into digital content, or that is included in the metadata of the digital content, for the purpose of verifying the authenticity or history of modification of the digital content.Sec. 8(3)’’ means— (A) 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 body; or (B) data that is embedded into digital contentDigital contentThe term ‘‘digital content’’ means an image, video, or audio content, or any combination thereof, that exists in the form of digital data.Sec. 8(6), or that is included in the metadata of the digital contentDigital contentThe term ‘‘digital content’’ means an image, video, or audio content, or any combination thereof, that exists in the form of digital data.Sec. 8(6), for the purpose of verifying the authenticity or history of modification of the digital contentDigital contentThe term ‘‘digital content’’ means an image, video, or audio content, or any combination thereof, that exists in the form of digital data.Sec. 8(6). (4) COVERED AI-GENERATED CONTENTCovered AI-generated contentThe term ‘‘covered AI-generated content’’ means digital content that is created or substantially modified by a generative artificial intelligence system such that— (A) the use of the system materially alters, adds, or removes the meaning or significance that a reasonable person would interpret from the content; and (B) a reasonable person would believe that the content is not generated using a generative artificial intelligence system.Sec. 8(4).—The term ‘‘covered AI-generated contentCovered AI-generated contentThe term ‘‘covered AI-generated content’’ means digital content that is created or substantially modified by a generative artificial intelligence system such that— (A) the use of the system materially alters, adds, or removes the meaning or significance that a reasonable person would interpret from the content; and (B) a reasonable person would believe that the content is not generated using a generative artificial intelligence system.Sec. 8(4)’’ means digital contentDigital contentThe term ‘‘digital content’’ means an image, video, or audio content, or any combination thereof, that exists in the form of digital data.Sec. 8(6) that is created or substantially modified by a generative artificial intelligence systemGenerative artificial intelligence systemThe term ‘‘generative artificial intelligence system’’ means any system or software application that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to create or substantially modify digital content.Sec. 8(7) such that— (A) the use of the system materially alters, adds, or removes the meaning or significance that a reasonable person would interpret from the content; and (B) a reasonable person would believe that the content is not generated using a generative artificial intelligence systemGenerative artificial intelligence systemThe term ‘‘generative artificial intelligence system’’ means any system or software application that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to create or substantially modify digital content.Sec. 8(7). (5) COVERED ONLINE PLATFORMCovered online platformThe term ‘‘covered online platform’’ means any public-facing website or software application available to users that— (A) predominantly provides a forum for user-to-user sharing or searching of content (including covered AI-generated content), including a social media service, social network, search engine, or content aggregation service available to users; and (B) either— (i) at any point during the preceding 12 months, has at least 10,000,000 unique monthly users or subscribers in the United States; or (ii) during the most recently completed taxable year, had more than $1,500,000,000 gross revenue.Sec. 8(5).—The term ‘‘covered online platformCovered online platformThe term ‘‘covered online platform’’ means any public-facing website or software application available to users that— (A) predominantly provides a forum for user-to-user sharing or searching of content (including covered AI-generated content), including a social media service, social network, search engine, or content aggregation service available to users; and (B) either— (i) at any point during the preceding 12 months, has at least 10,000,000 unique monthly users or subscribers in the United States; or (ii) during the most recently completed taxable year, had more than $1,500,000,000 gross revenue.Sec. 8(5)’’ means any public-facing website or software application available to users that— (A) predominantly provides a forum for user-to-user sharing or searching of content (including covered AI-generated contentCovered AI-generated contentThe term ‘‘covered AI-generated content’’ means digital content that is created or substantially modified by a generative artificial intelligence system such that— (A) the use of the system materially alters, adds, or removes the meaning or significance that a reasonable person would interpret from the content; and (B) a reasonable person would believe that the content is not generated using a generative artificial intelligence system.Sec. 8(4)), including a social media service, social network, search engine, or content aggregation service available to users; and (B) either— (i) at any point during the preceding 12 months, has at least 10,000,000 unique monthly users or subscribers in the United States; or (ii) during the most recently completed taxable year, had more than $1,500,000,000 gross revenue. (6) DIGITAL CONTENTDigital contentThe term ‘‘digital content’’ means an image, video, or audio content, or any combination thereof, that exists in the form of digital data.Sec. 8(6).—The term ‘‘digital contentDigital contentThe term ‘‘digital content’’ means an image, video, or audio content, or any combination thereof, that exists in the form of digital data.Sec. 8(6)’’ means an image, video, or audio content, or any combination thereof, that exists in the form of digital data. (7) GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEMGenerative artificial intelligence systemThe term ‘‘generative artificial intelligence system’’ means any system or software application that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to create or substantially modify digital content.Sec. 8(7).—The term ‘‘generative artificial intelligence systemGenerative artificial intelligence systemThe term ‘‘generative artificial intelligence system’’ means any system or software application that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to create or substantially modify digital content.Sec. 8(7)’’ means any system or software application that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to create or substantially modify digital contentDigital contentThe term ‘‘digital content’’ means an image, video, or audio content, or any combination thereof, that exists in the form of digital data.Sec. 8(6). (8) LIAR’S DIVIDEND.—The term ‘‘liar’s dividend’’ means, with respect to covered AI-generated contentCovered AI-generated contentThe term ‘‘covered AI-generated content’’ means digital content that is created or substantially modified by a generative artificial intelligence system such that— (A) the use of the system materially alters, adds, or removes the meaning or significance that a reasonable person would interpret from the content; and (B) a reasonable person would believe that the content is not generated using a generative artificial intelligence system.Sec. 8(4), the benefit that a bad actor may receive or otherwise gain by falsely claiming that non-AI-generated contentNon-AI-generated contentThe term ‘‘non-AI-generated content’’ means content that was not created or substantially modified by a generative artificial intelligence system.Sec. 8(10) is covered AI-generated contentCovered AI-generated contentThe term ‘‘covered AI-generated content’’ means digital content that is created or substantially modified by a generative artificial intelligence system such that— (A) the use of the system materially alters, adds, or removes the meaning or significance that a reasonable person would interpret from the content; and (B) a reasonable person would believe that the content is not generated using a generative artificial intelligence system.Sec. 8(4). (9) MACHINE-READABLEMachine-readableThe term ‘‘machine-readable’’ has the meaning given such term in section 3502 of title 44, United States Code.Sec. 8(9).—The term ‘‘machine-readableMachine-readableThe term ‘‘machine-readable’’ has the meaning given such term in section 3502 of title 44, United States Code.Sec. 8(9)’’ has the meaning given such term in section 3502 of title 44, United States Code. (10) NON-AI-GENERATED CONTENTNon-AI-generated contentThe term ‘‘non-AI-generated content’’ means content that was not created or substantially modified by a generative artificial intelligence system.Sec. 8(10).—The term ‘‘non-AI-generated contentNon-AI-generated contentThe term ‘‘non-AI-generated content’’ means content that was not created or substantially modified by a generative artificial intelligence system.Sec. 8(10)’’ means content that was not created or substantially modified by a generative artificial intelligence systemGenerative artificial intelligence systemThe term ‘‘generative artificial intelligence system’’ means any system or software application that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to create or substantially modify digital content.Sec. 8(7). (11) OPEN-SOURCEOpen-sourceThe term ‘‘open-source’’ means, with respect to software, a software project with source code that is publicly available for anyone to view, modify, and distribute.Sec. 8(11).—The term ‘‘open-sourceOpen-sourceThe term ‘‘open-source’’ means, with respect to software, a software project with source code that is publicly available for anyone to view, modify, and distribute.Sec. 8(11)’’ means, with respect to software, a software project with source code that is publicly available for anyone to view, modify, and distribute.