Conditional immunity from civil liability for artificial intelligence developers

(a) Safe harbor eligibility A developer shall be immune from civil liability for errors generated by an artificial intelligence product when used by a learned professional in the course of providing professional services to a client if the developer— (1) prior to deployment of the artificial intelligence product, publicly releases and continuously maintains— (A) the model card for the artificial intelligence product; and (B) the model specification for the artificial intelligence product, which may include redactions— (i) only relating to information that would reveal trade secrets unrelated to the safety of the artificial intelligence product; and (ii) only if the developer furnishes contemporaneously with each redaction a written justification for the redaction identifying the basis for withholding the information as a trade secret; and (2) provides clear and conspicuous documentation to learned professionals describing the known limitations, failure modes, and appropriate domains of use for the artificial intelligence product. (b) Scope of immunity The immunity provided under subsection (a) shall be conferred to a developer only for acts or omissions that do not constitute recklessness or willful misconduct by the developer. (c) Duty To update Immunity under subsection (a) relating to an artificial intelligence product shall not apply to a developer— (1) that does not update the model card, model specification, and documentation with respect to the artificial intelligence product as described in subsection (a)(1) by the date that is 30 days after the date on which the developer— (A) deploys a new version of the artificial intelligence product; or (B) discovers a new and material failure mode affecting the artificial intelligence product; and (2) of which the failure to make an update described in paragraph (1) by the applicable date described in that paragraph proximately causes a harm occurring after that date. (d) Preemption (1) Express preemption This section shall apply to any claim arising under State law against a developer for an error arising from the use of an artificial intelligence product by a learned professional in providing professional services if the developer is immune from civil liability under subsection (a). (2) Claims not preempted Nothing in this section shall apply to a claim arising under State law against a developer based on fraud, knowing misrepresentation, or conduct outside the scope of professional use of an artificial intelligence product by a learned professional.