Prohibited uses of artificial intelligence

(a) General prohibition No covered artificial intelligence capability may be used in any manner that violates the Constitution of the United States, Federal law, the Law of Armed Conflict, or international treaty or other legal obligation of the United States, or in any manner that poses an unacceptable level of risk to the safety of an individual or the civil liberty of an individual. (b) Specific prohibitions (1) In general No covered artificial intelligence capability may be used with the intent, purpose, or outcome of— (A) profiling, targeting, tracking, monitoring, inferring, or concluding based on the data points of activity of any individual based solely on the exercise of rights protected under the Constitution or Federal law, including freedom of expression, association, and assembly; (B) detecting, measuring, or inferring the emotional state of any individual from data acquired about such individual, including the support of the health of consenting personnel of the Federal Government; (C) inferring or determining an individual’s religion, ethnicity, race, sexual orientation, immigration status, disability status, gender identity, or political identity; (D) tracking, monitoring, or inferring the past, real-time, or anticipated future location of any individual in the United States, including using data acquired from commercial, data brokers, data aggregators, or other third-party sources, unless such acquisition and use is authorized pursuant to an individualized judicial order, warrant, or otherwise required by the Constitution or Federal law; (E) aggregating or analyzing internal data or data acquired from commercial, data brokers, data aggregators, or other third-party sources, including but not limited to location data, financial transaction data, communications metadata, or biometric data, to accomplish any purpose prohibited under paragraphs (1) through (4); (F) removing a human from the chain of decisionmaking for actions critical to informing and executing decisions by the President, including initiating or terminating nuclear weapons employment; or (G) obtaining, receiving, or otherwise accessing, for a fee or other consideration, any personal data of a United States person from a data broker or other third-party source, including any other governmental entity (including State, local, or Federal entities) if such data was obtained by that entity in a manner that would violate this subsection if performed by the Department. (2) Personal data For purposes of paragraph (1)(G), the term personal data — (A) means data, derived data, or any unique identifier that is linked to, or is reasonably linkable to, an individual or to an electronic device that is linked to, or is reasonably linkable to, one or more individuals in a household; (B) includes anonymized data that, if combined with other data, can be linked to, or is reasonably linkable to, an individual or to an electronic device that identifies, is linked to, or is reasonably linkable to one or more individuals in a household; and (C) does not include data that is lawfully available through Federal, State, or local government records or through widely distributed media. (c) Applicability The prohibitions in this section shall apply to all activities of the Department, including operational planning, logistics, intelligence analysis, and operational support to any other agencies or military personnel, regardless of status of deployment. In any case in which the Department shares systems, data, or analytical products derived from a covered artificial intelligence capability or protected data (as described in subsection (b)(7)) with another department or agency of the Federal Government, the receiving department or agency shall be subject to the same prohibitions and requirements as the Department with respect to the use, querying, or further dissemination of such systems, data, or products. The Secretary shall ensure that such department or agency is notified of, and in compliance with, the restrictions under this section. (d) Joint operations The prohibitions of this section shall apply to any Departmental participation in joint task forces, fusion centers, or interagency working groups, regardless of which agency serves as the lead or providing entity.