Assessment of model extraction attacks and fraudulent account network providers

(a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security and in coordination with the head of each agency that is a member of the Operating Committee for Export Policy, shall complete an assessment to determine— (1) which, if any, persons of concern have conducted or are currently conducting model extraction attacks against closed-source artificial intelligence models owned by United States persons; and (2) which, if any, persons of concern are fraudulent account network providers. (b) Matters To be included The assessment required by subsection (a) shall include the following: (1) A determination of which persons of concern— (A) have either previously or are currently engaging in model extraction attacks; or (B) are fraudulent account network providers. (2) A determination of the countries, if any— (A) from which model extraction attacks have originated; and (B) in which fraudulent account network providers exist. (3) An identification of which, if any, agencies or instrumentalities of governments of countries of concern have provided or are providing material assistance to entities identified pursuant to paragraph (1). (4) An analysis of the methods employed by persons of concern identified pursuant to paragraph (1), including— (A) the role of fraudulent account network providers in model extraction attacks, including, to the extent possible, the physical location of offices and data centers of such providers; and (B) a determination, to the extent possible, of the number of attempted model extraction attacks that occurred during the 2 calendar years preceding the date on which the Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, begins the assessment required by subsection (a). (5) An examination of the strengths and weaknesses of various detection approaches that can be used to determine whether a model extraction attack has occurred or is occurring. (6) An assessment of the economic and national security consequences of successful model extraction attacks by persons of concern that occurred during the 2 calendar years preceding the date on which the Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, begins the assessment required by subsection (a). (7) Steps detailing how the United States Government is assisting owners of closed-source artificial intelligence models that have been the target or victim of model extraction attacks in detecting model extraction attacks, deterring future model extraction attacks, and punishing persons of concern that engage in model extraction attacks or are fraudulent account network providers. (8) A diplomatic strategy to leverage allies and partners of the United States in detecting and preventing model extraction attacks by persons of concern. (c) Public consultation (1) In general In conducting the assessment required by subsection (a), the Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security and in coordination with the head of each agency that is a member of the Operating Committee for Export Policy, shall consult with owners of closed-source artificial intelligence models that have been the targets or victims of model extraction attacks, academic experts, industry fora, and other appropriate entities— (A) to identify patterns of behavior and methods of attackers to better inform efforts of the United States Government and the private sector to detect model extraction attacks; (B) to develop best practices for defending against model extraction attacks; and (C) to develop best practices for identifying activities of fraudulent account network providers that facilitate model extraction attacks. (2) Voluntary participation The participation of owners of closed-source artificial intelligence models described in paragraph (1) in consultations under that paragraph shall be voluntary. (d) Report (1) In general Not later than 210 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security and in coordination with the head of each agency that is a member of the Operating Committee for Export Policy, shall submit to the appropriate congressional committees a report that contains the findings of the assessment required by subsection (a). (2) Updates Not later than one year after submitting the report required by paragraph (1), and annually thereafter for 3 years, the Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, shall submit to the appropriate congressional committees an update to the report listing any additional persons of concern identified pursuant to subsection (a). (3) Form The report required by paragraph (1), and each update required by paragraph (2), shall be submitted in unclassified form, but may contain a classified annex. (e) Routine assessment The Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security and in coordination with the head of each agency that is a member of the Operating Committee for Export Policy, shall routinely assess for— (1) model extraction attacks directed against owners of closed-source artificial intelligence models that occur after the date of completion of the assessment required by subsection (a); (2) fraudulent account network providers that facilitate model extraction attacks after that date; and (3) any material changes related to other matters specified in subsection (b). (f) Industry coordination The Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security and in coordination with the head of each agency that is a member of the Operating Committee for Export Policy, shall establish an information-sharing mechanism that allows owners of closed-source artificial intelligence models to voluntarily, quickly, and confidentially share information about model extraction attacks and fraudulent account network providers with the Department of Commerce. (g) AI model extraction attackers list (1) In general The Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security and in coordination with the head of each agency that is a member of the Operating Committee for Export Policy, shall— (A) maintain a list, to be known as the AI Model Extraction Attackers List, that displays information about specific persons of concern identified pursuant to an assessment required by subsection (a) or (e) as having conducted or directed model extraction attacks in the past year; and (B) publish the list on a publicly available website of the Department of Commerce. (2) Protection of confidential information The Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, may not, in publishing the list required by paragraph (1) on a publicly available website of the Department of Commerce, disclose confidential information provided by the owner of a closed-source artificial intelligence model without the express permission of the owner. (h) Public guidance (1) In general Not later than 210 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security and in coordination with the head of each agency that is a member of the Operating Committee for Export Policy, shall publish a report comprising of best practices to detect, prevent, and respond to model extraction attacks. (2) Public access The report required by paragraph (1) shall be publicly available. (3) Protection of confidential information In making the report required by paragraph (1) publicly available, the Secretary may not disclose confidential information provided by the owner of a closed-source artificial intelligence model without the express permission of the owner.