What is the IAB’s AI Accountability for Publishers Act?
This week, the Interactive Advertising Bureau (IAB) proposed new protections to prevent AI bots from freely harvesting online content. The trade body’s president and CEO, David Cohen, revealed its legal framework — the AI Accountability for Publishers Act — during the IAB’s Annual Leadership Meeting (ALM) in Palm Springs on February 2.
Purpose of the Act
The legislation aims to hold AI companies accountable for illicit scraping and for failing to comply with publishers’ “no crawling” specifications in their robots.txt files. Non-compliance can have devastating consequences for publishers.
A recent report from Tollbit highlights the extensive ecosystem of third-party web scrapers, which often bypass web controls and operate around paywalls, creating legal conflicts. Tollbit documented nearly 40 APIs servicing this industry, all of which flout robots.txt.
Concerns Raised
Michael Hahn, EVP and General Counsel at the IAB, emphasized that this is a critical issue for the future of the free and open internet, which is largely supported by an ad-funded model. He noted an increase in AI bot traffic to publishers’ sites and a corresponding decrease in human traffic, leading to fewer clicks on websites. This trend could create a dire situation for publishers.
Understanding “Unjust Enrichment”
Under the proposed Act, AI companies cannot use the “fair use” doctrine as a defense in copyright lawsuits. Instead, it introduces the concept of “unjust enrichment”, which occurs when one party profits from another’s work without compensation.
Key Provisions of the Act
The Act proposes that individuals can sue bot operators in federal court for scraping information from their sites without payment. If they choose to pursue legal action, they can:
- Recover the value of the content or profits lost due to diverted traffic.
- Claim any profits made by the bot operator from using the content.
- Obtain a court order to cease unauthorized use.
- Recover legal costs.
Violators could face triple damages if they:
- Fail to disclose the identity, nature, purpose, and operational scope of their bots.
- Conflate the function of a search bot with that of a scraping bot.
- Fail to comply with robots.txt.
Implications for Major Players
The language of the Act seems to specifically target companies like Google, which has been criticized for not providing adequate controls for publishers.
Next Steps for the IAB
The IAB has submitted the draft legislation to Senate staff and key members of Congress, seeking sponsorship for the bill. The IAB aims to educate lawmakers about the issue and how this bill could provide a solution.
Challenges Ahead
There are significant hurdles to swift approval at the federal level. Many pieces of legislation are presented to Congress each year, but only a few make it to the President’s desk. The current administration’s push for reduced regulation of AI companies may also impact the bill’s progress.
Potential Alternatives
The IAB could pursue state-level legislation as an alternative. However, this approach may result in a patchwork of laws that complicate compliance.
Enforcement of the Act
If the bill becomes law, the legal burden will still fall on publishers to prove that AI companies are scraping their sites without compensation. The Act introduces a framework that allows for treble damages as a primary deterrent against continued scraping behavior.
While the IAB lacks governmental power to enforce laws, its self-regulatory framework could exert significant influence.
