**The Reintroduction of the TRAIN Act: Paving the Way for AI Transparency and Accountability**
In a significant move to enhance transparency and accountability in the AI sector, Senators Peter Welch (D-VT), Marsha Blackburn (R-TN), Adam Schiff (D-CA), and Josh Hawley (R-MO) have reintroduced the Transparency and Responsibility for Artificial Intelligence Networks Act, commonly referred to as the TRAIN Act. This legislative proposal seeks to establish an administrative subpoena process, empowering rightsholders to demand disclosure of training data from AI developers. The primary focus is on the protected media utilized by generative models, an area of considerable concern in ongoing infringement cases.
Since the initial introduction of the TRAIN Act in November 2024, the AI landscape has witnessed rapid evolution. Key developments include the launch of “America’s AI Action Plan” and mounting criticism from Congress. Notably, in July, Senator Hawley accused certain businesses of orchestrating the “largest intellectual property theft in American history,” paving the way for the AI Accountability and Personal Data Protection Act. This forthcoming bill aims to enable individuals and companies to pursue legal action for unauthorized use of their data in AI training.
The TRAIN Act has garnered support from influential groups such as the National Association of Voice Actors and Recording Artists and Music Professionals with Disabilities. The revised version of the bill has expanded from six to eight pages, offering a more precise definition of a developer. It now includes any individual or entity involved in designing, coding, producing, owning, or modifying a generative AI model. Additionally, the act addresses future variations of existing AI models and provides a comprehensive definition of training materials.
The proposed subpoena process allows individuals who suspect their copyrighted works have been used in AI training to request a subpoena from any U.S. district court clerk. To deter misuse, courts can impose sanctions on rightsholders who seek subpoenas in bad faith.
The TRAIN Act’s new provisions aim to build legislative momentum. While there are distinctions between this bill and the No Fakes Act, both incorporate a subpoena process. The latter is focused on addressing deepfake content on online platforms and has gained support from various tech companies.
The Copyright Alliance has expressed its gratitude to Senator Welch and the bill’s cosponsors for their dedication to implementing essential transparency requirements in the AI ecosystem. They emphasized the crucial role of reasonable transparency measures in safeguarding both the public and the creative community. The Alliance is eager to collaborate with policymakers to ensure that transparency legislation protecting copyright owners becomes law.
**Key Takeaways:**
– The TRAIN Act targets AI transparency and accountability.
– It introduces an administrative subpoena process for rightsholders.
– The bill has expanded definitions and provisions to address evolving AI challenges.
– It aligns with other legislative efforts to regulate AI and protect intellectual property.
By focusing on these elements, the TRAIN Act represents a critical step towards fostering a responsible and transparent AI ecosystem, protecting both creators and the public.