Harm

" ... harm means (a) physical or psychological harm to an individual; (b) damage to an individual’s property; or (c) economic loss to an individual."

" ... "Critical harm" means the death or serious injury of one hundred or more people or at least one billion dollars of damages to rights in money or property caused or materially enabled by a large developer's use, storage, or release of a frontier model, through either of the following: (a) The creation or use of a chemical, biological, radiological, or nuclear weapon; or (b) An artificial intelligence model engaging in conduct that does both of the following: (i) Acts with no meaningful human intervention; and (ii) Would, if committed by a human, constitute a crime specified in the law that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of such a crime. A harm inflicted by an intervening human actor shall not be deemed to result from a developer's activities unless such activities were a substantial factor in bringing about the harm, the intervening human actor's conduct was reasonably foreseeable as a probable consequence of the developer's activities, and could have been reasonably prevented or mitigated through alternative design, or security measures, or safety protocols."

" ... "Risk of critical harm" means that the development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people or more than one billion dollars ($1,000,000,000) in damage to rights in money or property, through any of the following: (1) The creation and release of a chemical, biological, radiological, or nuclear weapon. (2) A cyberattack. (3) A foundation model engaging in conduct, with limited human intervention, that would, if committed by a human, constitute a violation of the Penal Code that requires intent, recklessness, or gross negligence or the solicitation or aiding and abetting of that violation."

" ... Harm includes physical harm, psychological harm, damage to property, or economic loss to an individual. It is intended to encapsulate a broad range of adverse impacts that may result across the sectors of the economy. Harms may be experienced by individuals independently or may be experienced broadly across groups of individuals, increasing the severity of the harm. For example, more vulnerable groups, such as children, may face greater risk of harm from a high-impact AI system and necessitate specific risk mitigation measures."

" ... “Critical harm” means any of the following harms caused or materially enabled by a covered model or covered model derivative: (A) The creation or use of a chemical, biological, radiological, or nuclear weapon in a manner that results in mass casualties. (B) Mass casualties or at least five hundred million dollars ($500,000,000) of damage resulting from cyberattacks on critical infrastructure by a model conducting, or providing precise instructions for conducting, a cyberattack or series of cyberattacks on critical infrastructure. (C) Mass casualties or at least five hundred million dollars ($500,000,000) damage resulting from an artificial intelligence model engaging in conduct that does both of the following: (i) Acts with limited human oversight, intervention, or supervision. (ii) Results in death, great bodily injury, property damage, or property loss, and would, if committed by a human, constitute a crime specified in the Penal Code that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of such a crime. (D) Other grave harms to public safety and security that are of comparable severity to the harms described in subparagraphs (A) to (C), inclusive. (2) “Critical harm” does not include any of the following: (A) Harms caused or materially enabled by information that a covered model or covered model derivative outputs if the information is otherwise reasonably publicly accessible by an ordinary person from sources other than a covered model or covered model derivative. (B) Harms caused or materially enabled by a covered model combined with other software, including other models, if the covered model did not materially contribute to the other software’s ability to cause or materially enable the harm. (C) Harms that are not caused or materially enabled by the developer’s creation, storage, use, or release of a covered model or covered model derivative."

" ... "HARM" SHALL MEAN POTENTIAL OR REALIZED ADVERSE CONSEQUENCES TO AN INDIVIDUAL OR TO SOCIETY, INCLUDING BUT NOT LIMITED TO: (A) DIRECT OR INDIRECT FINANCIAL HARM. (B) PHYSICAL HARM OR THREATS TO PERSONS OR PROPERTY, INCLUDING BUT NOT LIMITED TO BIAS-RELATED CRIMES AND THREATS, HARASSMENT, AND SEXUAL HARASSMENT. (C) DISCRIMINATION IN GOODS, SERVICES, OR ECONOMIC OPPORTUNITY, INCLUDING BUT NOT LIMITED TO HOUSING, EMPLOYMENT, CREDIT, INSURANCE, EDUCATION, OR HEALTH CARE ON THE BASIS OF AN INDIVIDUAL OR CLASS OF INDIVIDUALS' ACTUAL OR PERCEIVED AGE, RACE, NATIONAL ORIGIN, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, MARITAL STATUS, DISABILITY, MILITARY STATUS, AND/OR MEMBERSHIP IN ANOTHER PROTECTED CLASS. (D) INTERFERENCE WITH OR SURVEILLANCE OF FIRST AMENDMENT-PROTECTED ACTIVITIES BY STATE."

" ... The term “harm”, with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals—(A) on the basis of a protected characteristic; (B) that involves the use of force, coercion, harassment, intimidation, or detention; or (C) that involves the infringement of a right protected under the Constitution of the United States."

" ... For purposes of this section, the term “harm” includes— (A) financial or physical injury, or an elevated risk of such injury, to any person whose voice or likeness rights are affected by the conduct at issue; (B) severe emotional distress of any person whose voice or likeness is used without consent; and (C) a likelihood that the use deceives the public, a court, or tribunal."

" ... Any digital depiction or digital voice replica which includes child sexual abuse material, is sexually explicit, or includes intimate images constitutes harm."

" ... "Harm" includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm."

" ... "Harm" includes: (A) physical harm; (B) economic harm; and (C) emotional distress, whether or not accompanied by physical or economic harm."

" ... "Harm" means physical harm, economic harm, or emotional distress whether or not accompanied by physical or economic harm."

" ... "Harm" means physical harm, economic harm, or emotional distress whether or not accompanied by physical or economic harm."

" ... The term “privacy harm” means an adverse consequence, or a potential adverse consequence, to an individual, a group of individuals, or society caused, in whole or in part, by the collection, processing, or sharing of personal data, including—
(A) direct or indirect financial loss or economic harm, including financial loss or economic harm arising from fraudulent activities or data security breaches;
(B) physical harm, harassment, or a threat to an individual or property;
(C) psychological harm, including anxiety, embarrassment, fear, other trauma, stigmatization, reputational harm, or exposing an individual, or a characteristic of an individual, in an unexpected way;
(D) an adverse outcome or decision, including relating to the eligibility of an individual for the rights, benefits, or privileges in credit and insurance, housing, professional certification, employment, or the provision of health care; and
(E) discrimination."

" ... "Critical risk" means a foreseeable and non-trivial risk that a developer's development, storage, or deployment of a foundation model will result in the death of, or serious injury to, more than 100 people, or more than $1,000,000,000 in damage to rights in money or property, through any of the following: (1) the creation and release of a chemical, biological, radiological, or nuclear weapon; (2) a cyber-attack; (3) engaging in conduct that, would, if committed by a human, constitute a crime specified under the Criminal Code of 2012 that requires intent, recklessness, or gross negligence, or the solicitation or aiding and abetting of the crime, if that conduct occurs with limited human intervention; and (4) evading the control of its developer or user. For the purposes of this definition, a harm inflicted by an intervening human actor does not result from the developer's activities unless those activities make it substantially easier or more likely for the actor to inflict the harm."

" ... Harms include, but are not limited to, physical, psychological and discrimination against protected characteristics."

" ... (H) Reputational harms, including stigmatization, that would negatively impact an average consumer. Examples of processing activities that result in such harms include a mobile dating application’s disclosure of a consumer’s sexual or other preferences in a partner; a business stating or implying that a consumer has committed a crime without verifying this information; or a business processing consumers’ biometric information to create a deepfake of them."

" ... (I) Psychological harms, including emotional distress, stress, anxiety, embarrassment, fear, frustration, shame, and feelings of violation, that would negatively impact an average consumer. Examples of such harms include emotional distress resulting from disclosure of nonconsensual intimate imagery; stress and anxiety from regularly targeting a consumer who visits websites for substance abuse resources with advertisements for alcohol; or emotional distress from disclosing a consumer’s purchase of pregnancy tests or emergency contraception for non-medical purposes."

" ... (F) Economic harms, including limiting or depriving consumers of economic opportunities; charging consumers higher prices; compensating consumers at lower rates; or imposing additional costs upon consumers, including costs associated with the unauthorized access to consumers’ personal information."

" ... (G) Physical harms to consumers or to property, including processing that creates the opportunity for physical or sexual violence."

" ... Privacy harms, including the risks of invasive or offensive surveillance, security breach, or inadvertent disclosure."

" ... The term “significant risk” means a combination of severe, high-intensity, high-probability, and long-duration risk of harm to individuals."