(3) The critical failure of technical or administrative controls, including controls limiting the ability to modify a covered model or covered model derivative.
(4) Unauthorized use of a covered model or covered model derivative to cause or materially enable critical harm.
(d) “Computing cluster” means a set of machines transitively connected by data center networking of over 100 gigabits per second that has a theoretical maximum computing capacity of at least 10^20 integer or floating-point operations per second and can be used for training artificial intelligence.
(e) (1) “Covered model” means either of the following:
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