Moreover, Midjourney apparently sought to suppress our findings, banning Southen from its service (without even a refund of his subscription fee) after he reported his first results, and again after he created a new account from which additional results were reported. It then apparently changed its terms of service just before Christmas by inserting new language: “You may not use the Service to try to violate the intellectual property rights of others, including copyright, patent, or trademark rights. Doing so may subject you to penalties including legal action or a permanent ban from the Service.” This change might be interpreted as discouraging or even precluding the important and common practice of red-team investigations of the limits of generative AI—a practice that several major AI companies committed to as part of agreements with the White House announced in 2023. (Southen created two additional accounts in order to complete this project; these, too, were banned, with subscription fees not returned.)