Privacy is one of the risks associated with AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more →. To help AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developers the Office of the Australian Information Commissioner has released comprehensive guidance on managing privacy when training and fine tuning AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → models.
TL;DR
The OAIC has released guidance on the interaction between the privacy law and the development of AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more →. It encourages ‘privacy by design’ and focuses on obligations and best practice related to the accuracy of personal information, transparency and notification of AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → and how personal information is collected and for what purposes (and whether that is the primary or a secondary purpose).
What
Guidance for Australian entities on how Australia’s privacy laws apply to AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more →
Who
Office of the Australian Information Commissioner (OAIC)
When
Published: Monday 21 October 2024
Where
Online: on the OIAC website
Why
To set out OAIC’s expectations in relation to privacy on Australian entities developing or deploying AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more →
How
Outlining compliance and best practice for handling privacy in AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → systems
What else
OAIC also published companion guidance for deployers of AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → systems
Estimated reading time: 17 minutes
This is a summary of Guidance on privacy and developing and training generative AIWhen text, images and other content are generated by AI (hence why it is called generative AI). Learn more → models, published by the Office of the Australian Information Commissioner, Australian Government, on Monday 21 October 2024.
Summary
Australian developers of AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → who are training or fine tuning AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → models that include personal information need to be aware of and mindful that they have obligations under the Privacy Act 1988 (Cth) (Privacy Act), including the Australian Privacy Principles (APP). The guidance is for AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developers who are subject to the Privacy Act (i.e. APP entities and foreign organisations with an Australian link). This includes “any organisation who designs, builds, trains, adapts or combines AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → models and applications. This includes adapting through fine-tuning, which refers to modifying a trained AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → model (developed by them or someone else) with a smaller, targeted fine-tuning dataset to adapt it to suit more specialised use cases” [OAIC, 2024]. Even though it specifically references generative AIWhen text, images and other content are generated by AI (hence why it is called generative AI). Learn more →, “a number of the risks and issues discussed are also applicable to narrow AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → systems or models that are trained using personal information.” The guidance is also useful to organisations that provide personal information to an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developer so they can develop or fine-tune a generative AIWhen text, images and other content are generated by AI (hence why it is called generative AI). Learn more → model.
AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → is data hungry – “… the data-driven nature of AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → technologies, which rely on large datasets that often include personal information, can also create new specific privacy risks, amplify existing risks and lead to serious harms” [OAIC, 2024]. It is important that AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developers work to protect privacy.
The guidance is also focused on APPs 1, 3, 4, 6 and 10 as they relate to planning and designing generative AIWhen text, images and other content are generated by AI (hence why it is called generative AI). Learn more → and compiling the training data for it, or fine-tuning an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → model. Other privacy obligations may also exist in relation to other APPs.
Personal information in training data carries privacy obligations
There are many risks associated with the development, deployment and use of AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more →. Many of these have been flagged in various documents and processes, including the proposed mandatory AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → guidelines outlined in the Proposals Paper for Introducing Mandatory Guardrails for AI in High-Risk Settings, released by the Department of Industry, Science and Resources (DISR). The Proposals paper stated that if mandatory guardrails for high-risk AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → are introduced obligations under existing legislation would not be replaced by them, nor would AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developers or deployers be exempt from any existing obligations under existing legislation [DISR, 2024: 17]. Privacy law is one of the areas of existing regulation the Proposals paper identifies as applying to the use of AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → [DISR, 2024: 4, 12, 15, 17, 37, 39, 43, 60].
Speaking of high-risk AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more →, OIAC states that relying on large quantities of personal information to train an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → system is a high privacy risk activity. Importantly, personal information in this context includes “inferred, incorrect or artificially generated information produced by AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → models (such as hallucinations and deepfakes), where it is about an identified or reasonably identifiable individual” [OIAC, 2024].
There will be lots of cases where AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → development will involve personal information, meaning the Privacy Act applies to collecting, using and disclosing personal information. This includes where that personal information has been used to train AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → models and anu uses of AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → that involve personal information. As such, AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developers should actively consider whether their training data includes personal information.
The OAIC expects AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developers to take a cautious approach to privacy and give it due consideration commensurate with the considerable risks for affected individuals [OIAC, 2024]. In some situations these obligations may be more acute. For example, greater caution should be exercised where personal information is of unclear provenance.The OAIC states that the guidance should be considered together with the Privacy Act, and its guidelines on the Australian Privacy Principles.
Privacy by design (APP 1)
In one line, this section of the guidance encourages AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developers and deployers to be proactive about privacy. AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developers subject to the Privacy Act must ensure they comply with the APPs. They should actively consider the potential privacy risks at the planning and design stage by taking a ‘privacy by design’ approach, “embedding good privacy practices into the design specifications of technologies, business practices and physical infrastructures” [OAIC, 2024].
Types of risks
The guidance lists a number of privacy risks that may come up in the context of AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more →, including that:
- People can lose control over their personal information because it may be included in AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → training data without their knowledge or consent, and it may be difficult for them to know it was collected and to request it be corrected or removed.
- There is inherent biases in the training data may be replicated in AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → outputs through inferences made based on gender, race or age that have a discriminatory effect.
- The accuracy or quality of training data can result in inaccuracies in outputs that appear credible, and these may have flow on consequences such as reputational harm, misinformation or unfair decisions.
- Transparency around the management of personal information can be difficult as entities may not understand or be able to explain how personal information is used or how decisions made by AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → are made.
- De-identification can be difficult to achieve and there is potential for people to be re-identified using AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more →.
- There is lots of potential for AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → to be misused for improper purposes that carry the potential to impact people’s privacy, as well as broader negative consequences, such as through disinformation (e.g. deepfakes), scams and identity theft, harmful or illegal content and harmful or malicious code used for cyber attacks or other criminal activity.
- Personal information may become exposed through a data breach involving the training data or through attacks on the model to reveal the training data.
- Some users may disclose personal information, including sensitive information, through their interactions with an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → system without knowing the system retains or incorproates their inputs into training data.
Identifying and managing risks
AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → technologies and the supply chains around them can be complex. This can make assessing the privacy impacts of an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → model or system difficult, particularly where the model is designed for a general purpose. To understand and mitigate the risks AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developers should conduct a privacy impact assessment (PIA). Their PIA should go beyond just assessing the risks of non-compliance with privacy legislation to also consider “the broader privacy implications and risks beyond compliance, including whether a planned use of personal information will be acceptable to the community” [OAIC, 2024] and consideration of privacy risks that may result from the intended use. PIAs should be conducted on an ongoing basis, especially where risks have changed or models are fine-tuned.
Developers of general purpose AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → systems or developers who structure their AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → systems in a way that places privacy obligations on downstream users should provide the information or access needed so downstream users are able to assess privacy risk and comply with their privacy obligations. If there is any doubt whether the Privacy Act applies to a specific AI-related activity or where an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developer is shifting privacy obligations downstream, the OAIC suggests AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developers err on the side of caution and assume the Privacy Act applies.
Accuracy when training AI (APP 10)
AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → systems inherit inaccuracies and unfounded biases evident in their training data and can perpetuate and amplify them in their outputs. In some instances these may result from intentional data poisoning. AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → tools are also known to produce hallucinations (i.e. inaccurate or false results). And they are probabilistic (i.e. they do not ‘understand’ the data they are trained on or the content they generate). Yet they generate outputs which appear credible, regardless of their accuracy.
Further, the accuracy and reliability of an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → system can suffer in some circumstances. Accuracy and reliability may deteriorate over time where training data becomes outdated or where the model encounter a scenario or task that differs from the training data (i.e. a model’s reasoning ability declines).
APP 10 requires AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developers to take reasonable steps to ensure the personal information they collect, use or disclose is accurate, up-to-date and complete. They must also ensure any personal information used or disclosed is also relevant with regards to the purpose of the use or disclosure.
Developers must take their care, especially when an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → tool will be used for high privacy risk uses such as for making decisions that will have a legal or similarly significant effect on an individual’s rights. Reasonable steps an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developer must take depend on the circumstances, including the sensitivity of the personal information, the nature of the developer, the possible adverse consequences for an individual if the quality of personal information is not ensured and the intended purpose or intended outputs of the AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → model. Steps to be taken are commensurate with an increased level of risk.
In an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → context, the OAIC offers a number of examples of reasonably steps an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developer may need to undertake to ensure accuracy, including:
- Ensuring the training data, including any historical information, inferences, opinions or other personal information about individuals is accurate, factual and up-to-date
- Understanding and documenting the impact that the accuracy of the training data has on AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → outputs
- Clearly communicating any limitations in the accuracy of the AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → tool, “including whether the dataset only includes information up to a certain date, and should signal where AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → models may require careful consideration and additional safeguards for certain high privacy risk uses, for example use in decisions that will have a legal or similarly significant effect on an individual’s rights” [OAIC, 2024]
- Updating AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → systems if they become aware the information used for training or the outputs of the AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → are incorrect or out-of-date
- Marking content as AI-generated
- Considering whether other steps are needed to address the risk of inaccuracy “such as fine-tuning, allowing AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → systems built on the generative AIWhen text, images and other content are generated by AI (hence why it is called generative AI). Learn more → model to access and reference knowledge databases when asked to perform tasks to help improve its reliability, restricting user queries, using output filters or implementing accessible reporting mechanisms that enable end-users to provide feedback on any inaccurate information generated by an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → system” [OAIC, 2024].
Obligations when collecting personal information (APP 3)
The OAIC reminds AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developers that just because data is publicly available or otherwise accessible does not mean it can be legally used to train an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → model. Regardless of the source of the data – data scraping, data provided by a third party or a dataset the AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developer (or who they are developing the model for) already holds – where training data includes personal information AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developers must ensure they comply with their privacy obligations.
Personal information may be included in the training data itself, associated metadata or in any annotations, labels or other descriptions attributed to the data as part of its processing. In some cases information that would not be personal information alone may be in combination with other information.
If an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developer is collecting personal information they must only collect personal information that is reasonably necessary for their functions or activities. Unnecessary personal information should be filtered out of the training data.
Under the Privacy Act personal information must be collected directly from individuals unless is it unreasonable or impracticable to do so. AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developers will need to consider whether it was unreasonable to impractical to collect the data directly rather than using scraped data. If they are using datasets collected by third parties they will need to consider what steps that third party took to inform individuals that their personal information would be used to train an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → model and whether consent for the collection of sensitive information was validly obtained. OAIC recommends AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developers seek information or assurances from third parties in relation to the collection of personal information.
When personal information is collected it must be done lawfully and by fair means. It should not be collected through intimidation or deception, by means that are unreasonably intrusive or, depending on the circumstances, covertly collected without the knowledge of the individual. This is also particularly relevant to scraped data. Also, privacy obligations may still arise even where an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developer intends to de-identify the personal information.
Sensitive information
Extra care should be taken with sensitive information, which is “any biometric information to be used for the purposes of automated biometric verification or biometric identification, biometric templates, health information about an individual, genetic information about an individual or personal information about an individual for certain topics such as racial or ethnic origin, political opinions or sexual orientation” [OAIC, 2024]. Generally, sensitive information requires consent to be collected.
Many photographs or recordings of people contain sensitive information, including AI-generated material, and may not be able to be scraped from the internet or collected from a third party dataset without establishing consent. If sensitive information was collected inadvertently without consent it will generally need to be destroyed or deleted from training data.
Use and disclosure obligations (APP 6)
If an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developer (or an organisation seeking an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developer to develop an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → model for them) holds personal information collected through, for example, “operating a service, interactions with an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → system or a dataset they compiled for training an earlier AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → model” [OAIC, 2024] and intends to use it for training an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → model what is important is whether that was the primary purpose of collecting the personal information.
If it was not, or the AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developer does not have consent for a secondary, AI-related purpose, then, in the absence of another exception applying, they would need to be able to establish that the secondary use would be reasonably expected by the individual, taking into account the person’s expectations at the time of collection, and that it is related (or directly related, for sensitive information) to the primary purpose or purposes. To that end, OAIC says, “Whether a secondary use is within reasonable expectations will always depend on the particular circumstances. However, given the unique characteristics of AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → technology, the significant harms that may arise from its use and the level of community concern around the use of AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more →, in many cases it will be difficult to establish that such a secondary use was within reasonable expectations.” In many cases the AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developer should seek consent for the use and offer individuals a meaningful and informed ability to opt-out if they wish, including an appropriate amount of information and a sufficient period of time to opt-out.
Because many people may not have a full understanding of generative AIWhen text, images and other content are generated by AI (hence why it is called generative AI). Learn more →, when developers should provide people with meaningful information to help them understanding how their personal information will be handled, so they can determine whether to give consent. OAIC suggests this “could include information about the function of the generative AIWhen text, images and other content are generated by AI (hence why it is called generative AI). Learn more → model, a general description of the types of personal information that will be collected and processed and how personal information is used during the different stages of developing and deploying the model” [OAIC, 2024]. AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developers should also consider what changes may need to be made to their privacy policies and collection notices to comply with notice and transparency obligations.
Notice and transparency obligations (APP 1 and APP 5)
Regardless of where an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developer’s training data comes from, it should have a clearly expressed and up-to-date privacy policy outlining how they manage personal information, including how data will be collected and held, the purposes for which is is being collected and used (e.g. training generative AIWhen text, images and other content are generated by AI (hence why it is called generative AI). Learn more → models) and how people can access the personal information about them held by the developer and how they can correct that information if needed.
Under APP 5 other notice should be made in addition to the privacy policy. This may be difficult where scraped data is being used as the AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developer likely does not have a direct relationship with or a way to contact individuals whose personal information is included in the training data. Where individual notification is not practicable, they should consider what other notification mechanisms they could use to provide transparency to affected individuals, such as making information publicly available in an accessible manner. This should include how the personal information was collected used and disclosed in the circumstances, such as the categories of personal information used, the kinds of websites that were scraped, and if possible the domain names and URLsA unique web address or other ‘location’ that can be used by a user to retrieve the intended resource. Learn more → of those websites.
For personal information received from third parties, the AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developer should consider what notice was given by that third party to affected individuals and whether that fulfils their privacy obligations.
Other privacy matters
OIAC cautions that the guidance is not an exhaustive list of all the privacy obligations AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developers may have when generating or fine-tuning an AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → model. The guidance focuses on compliance with APPs 1, 3, 5, 6 and 10 specicically but AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developers may also need to consider:
- when personal information originates from overseas (APP 8),
- how to keep records of their data sources in a way that enables individuals to assert their rights of access and correction and the consequences of withdrawal of consent (APPs 12 and 13), and
- approriate measures to secure training data as well as decision-making around when personal information should be destroyed or de-identified (APP 11).
Useful links
Here’s some links I recommend that expand on the OAIC privacy guidance for AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developers:
New AI guidance makes privacy compliance easier for business
A media release issued by the Office of the Australian Information Commissioner about its guides for Australian businesses on privacy and AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more →.
Monday 21 October 2024
OAIC
Can personal information be used to develop or train GenAI?
A blog post published by OAIC that looks at the Australian privacy law and how it applies to AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → development. It also advances a view that AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → developers should care about privacy and consider it early in their AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → development process. The blog post mentions that the related guidance published by OIAC considered similar guidance published by overseas privacy regulators and sought to align Australia’s guidance where possible.
Stephanie Otorepec – Monday 21 October 2024
Blog, OAIC
Apple apologizes for ipad pro ad that ‘missed the mark’
An OAIC spokesperson provides more context about the guidelines.
Eleanor Dickinson – Tuesday 22 October 2024
iTnews
References
Office of the Australian Information Commissioner (2024) ‘Guidance on privacy and developing and training generative AIWhen text, images and other content are generated by AI (hence why it is called generative AI). Learn more → models’, Australian Government, https://www.oaic.gov.au/privacy/privacy-guidance-for-organisations-and-government-agencies/guidance-on-privacy-and-developing-and-training-generative-ai-models.
Department of Industry, Science and Resources (2024) ‘Proposals Paper for introducing mandatory guardrails for AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → in high-risk settings’, https://consult.industry.gov.au/ai-mandatory-guardrails.
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Disclosure
AI use
This resource was drafted using Google Docs. No part of the text of this resource was generated using AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more →. The original text was not modified or improved using AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more →. No text suggested by AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → was incorporated. If spelling or grammar corrections were suggested by AIAI is tech and marketing speak for a range of technology that imitates human intellect. Learn more → they were accepted or rejected based on my discretion (however, sometimes spelling, grammar and corrections of typos may have occurred automatically in Google Docs).
I used Gemini in Google Workspace to summarise the text of this resource, however the summary (see TL;DR) goes not duplicate any of the AI-generated text. Rather, it was used to help me gather my thoughts on the most important parts of the text to include in a summary.
Provenance
This resource was produced by Elliott Bledsoe from Agentry, an arts marketing micro-consultancy. It was first published on 29 Oct 2024. It has not been updated since it was first published. This is version 1.0. Questions, comments and corrections are welcome – get in touch any time.
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Unless otherwise stated or indicated, this resource – A summary of ‘Guidance on privacy and developing and training generative AIWhen text, images and other content are generated by AI (hence why it is called generative AI). Learn more → models’ (2024) by the Office of the Australian Information Commissioner – is licensed under the terms of a Creative Commons Attribution 4.0 International licence (CC BY 4.0). Please attribute Elliott Bledsoe as the original creator. View the full copyright licensing information for clarification.
Under the licence, you are free to copy, share and adapt this resource, or any modified version you create from it, even commercially, as long as you give credit to Elliott Bledsoe as the original creator of it. So please make use of this resource as you see fit.