Section 5 - Remedies
- (a) Any individual who wishes to bring a civil action against a
first-party developer
any legal person with direct involvement in the design, coding, training, or other development of an AI system
or third-party procurer any legal person that purchases, licenses, or otherwise acquires an AI system from a first-party developer
shall not be barred from doing so solely on the basis of the fact that the harm arose from the actions of an AI system created by the defendant1. - (b) Increased risk of exposure of private information due to inclusion in an AI
training dataset
any collection of data that is used to train a model
without permission shall be treated as both concrete and particularized for the purpose of any standing analysis conducted by the courts. - (c) Individuals also have the right to seek injunctive relief to temporarily halt the use of the AI system while the case is pending if there is an imminent risk to public safety.
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Though AI systems cannot be agents of corporations in the legal sense because they are not legal persons, courts should treat any actions taken autonomously by an AI system created by a company as if an agent of the company took that action in the scope of their employment. ↩