Protection of disclosures

(a) Prohibitions (1) 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 content, that the person knows to be false. (2) 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 content that does not include the required disclosure; or (B) non-AI-generated content that includes such disclosure. (3) 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 content, with the intent or substantial likelihood of deceiving a third party about the provenance of a piece of digital content; (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 content, 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 content, with an intent to deceive a third party about the provenance of a piece of digital content. (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 provenance 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 content. (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.