No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5586 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5586
To protect national security against the threats posed by deepfake
technology and to provide legal recourse to victims of harmful
deepfakes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 20, 2023
Ms. Clarke of New York (for herself and Mr. Ivey) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Energy and Commerce, and Homeland
Security, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To protect national security against the threats posed by deepfake
technology and to provide legal recourse to victims of harmful
deepfakes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defending Each and Every Person from
False Appearances by Keeping Exploitation Subject to Accountability Act
of 2023'' or the ``DEEPFAKES Accountability Act''.
SEC. 2. TRANSPARENCY REQUIREMENTS.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1041. Advanced technological false personation record
``(a) In General.--Except as provided in subsection (j), any person
who, using any means or facility of interstate or foreign commerce,
produces an advanced technological false personation record with the
intent to distribute such record over the internet or knowledge that
such record shall be so distributed, shall ensure such record, complies
with--
``(1) the requirement under subsection (b); and
``(2)(A) in the case of an audiovisual record, the
disclosure requirements under subsection (c);
``(B) in the case of a visual record, the disclosure
requirements under subsection (d); or
``(C) in the case of an audio record, the disclosure
requirements under subsection (e).
``(b) Content Provenance.--Any advanced technological false
personation record which contains a moving visual element shall contain
technologies, such as content provenance technologies, that clearly
identify such record as containing altered audio or visual elements, or
as having been entirely created through generative artificial
intelligence or similar technologies.
``(c) Audiovisual Disclosure.--Any advanced technological false
personation records containing both an audio and a visual element shall
include--
``(1) not less than 1 clearly articulated verbal statement
that identifies the record as containing altered audio and
visual elements, and a concise description of the extent of
such alteration;
``(2) an unobscured written statement in clearly readable
text appearing at the bottom of the image throughout the
duration of the visual element that identifies the record as
containing altered audio and visual elements, and a concise
description of the extent of such alteration; and
``(3) a link, icon, or similar tool to signal that the
content has been altered by, or is product of, generative
artificial intelligence or similar technology.
``(d) Visual Disclosure.--Any advanced technological false
personation records exclusively containing a visual element shall
include an unobscured written statement in clearly readable text
appearing at the bottom of the image throughout the duration of the
visual element that identifies the record as containing altered visual
elements, and either--
``(1) a concise description of the extent of such
alteration; or
``(2) a clearly visible link, icon, or similar tool to
signal that the content has been altered by, or is the product
of, generative artificial intelligence or similar technology.
``(e) Audio Disclosure.--Any advanced technological false
personation records exclusively containing an audio element shall
include, at the beginning of such record, a clearly articulated verbal
statement that identifies the record as containing altered audio
elements and a concise description of the extent of such alteration,
and in the event such record exceeds two minutes in length, not less
than 1 additional clearly articulated verbal statement and additional
concise description at some interval during each two-minute period
thereafter.
``(f) Penalty.--
``(1) Criminal penalty.--
``(A) Failure to disclose.--Whoever knowingly fails
to comply with the requirements under subsection (a)--
``(i) with the intent to humiliate or
otherwise harass the person falsely exhibited,
provided the advanced technological false
personation record contains sexual content of a
visual nature and appears to feature such
person engaging in such sexual acts or in a
state of nudity;
``(ii) with the intent to cause violence or
physical harm, incite armed or diplomatic
conflict, or interfere in an official
proceeding, including an election, provided the
advanced technological false personation record
did in fact pose a credible threat of
instigating or advancing such;
``(iii) in the course of criminal conduct
related to fraud, including securities fraud
and wire fraud, false personation, or identity
theft; or
``(iv) by a foreign power, or an agent
thereof, with the intent of influencing a
domestic public policy debate, interfering in a
Federal, State, local, or territorial election,
or engaging in other acts which such power may
not lawfully undertake;
shall be fined under this title, imprisoned for not
more than 5 years, or both.
``(B) Altering disclosures.--Whoever knowingly
alters an advanced technological false personation
record to remove or meaningfully obscure the
disclosures required under subsection (a) with the
intent to distribute such altered record and--
``(i) with the intent to humiliate or
otherwise harass the person falsely exhibited,
provided the advanced technological false
personation record contains sexual content of a
visual nature and appears to feature such
person engaging in such sexual acts or in a
state of nudity;
``(ii) with the intent to cause violence or
physical harm, incite armed or diplomatic
conflict, or interfere in an official
proceeding, including an election, provided the
advanced technological false personation record
did in fact pose a credible threat of
instigating or advancing such;
``(iii) in the course of criminal conduct
related to fraud, including securities fraud
and wire fraud, false personation, or identity
theft; or
``(iv) by a foreign power, or an agent
thereof, with the intent of influencing a
domestic public policy debate, interfering in a
Federal, State, local, or territorial election,
or engaging in other acts which such power may
not lawfully undertake;
shall be fined under this title, imprisoned for not
more than 5 years, or both.
``(2) Civil penalty.--
``(A) Failure to disclose.--Any person who violates
subsection (a) shall be subject to a civil penalty of
up to $150,000 per record or alteration, as well as
appropriate injunctive relief.
``(B) Altering disclosures.--Any person who alters
an advanced technological false personation record to
remove or meaningfully obscure the disclosures required
under subsection (a) with the intent to distribute such
altered record shall be subject to a civil penalty of
up to $150,000 per record or alteration, as well as
appropriate injunctive relief.
``(g) Private Right of Action.--
``(1) In general.--Any person who has been exhibited as
engaging in falsified material activity in an advanced
technological false personation record may bring a civil action
before the appropriate Federal district court for damages under
paragraph (2) and injunctive relief under paragraph (3) against
a person who violates subsection (a) or alters an advanced
technological false personation record to remove or
meaningfully obscure the disclosures required under subsection
(a).
``(2) Damages.--Damages shall consist of the greater of--
``(A) actual damages suffered by the living person
or the affiliated corporation or entity, and any
additional substantially derivative profits of the
person who violated subsection (a) or altered an
advanced technological false personation record to
remove or meaningfully obscure the disclosures required
under subsection (a);
``(B) $50,000 per record, if the living person or
affiliated corporation or entity experienced a
perceptible individual harm or faced a tangible risk of
experiencing such harm;
``(C) $100,000 per record, if the living person or
affiliated corporation or entity experienced a
perceptible individual harm or faced a tangible risk of
experiencing such harm and the record purported to
depict extreme or outrageous conduct by the living
person; or
``(D) $150,000 per record, if the advanced
technological false personation record contains
explicit sexual content of a visual nature intended to
humiliate or otherwise harass the person falsely
depicted as engaging in such sexual acts or in a state
of nudity.
``(3) Injunctive relief.--Injunctive relief under this
subsection shall include a requirement to comply with
subsection (a).
``(h) Privacy Protections.--
``(1) Federal actions.--In enforcing this section, the
Attorney General shall, to the extent practicable, consult with
living persons exhibited as engaging in falsified material
activity in advanced technological false personation records
regarding measures the Attorney General can reasonably
undertake to protect the privacy of such persons and minimize
additional public viewings of such records.
``(2) Private actions.--A court in which a private action
is brought under subsection (g) shall permit the plaintiff,
upon petition, to file the claim under seal if the plaintiff
can demonstrate a reasonable likelihood that the creation of
public records regarding the advanced technological false
personation record would result in embarrassing or otherwise
harmful publicization of the falsified material activity in an
advanced technological false personation record.
``(i) Rules of Construction.--
``(1) Nothing in this section shall be interpreted as
authorizing the production of an advanced technological false
personation record which includes disclosures if such record is
otherwise prohibited by law or regulation.
``(2) The word `advanced' within the term `advanced
technological false personation record' shall not be
interpreted as narrowing the definition of such term.
``(3) Nothing in this section shall be interpreted as a
defense against, or as preempting or limiting, any Federal,
State, local, or territorial laws, regulations, or policies
that prohibit, impose more stringent standards in relation to,
or provide additional or alternative remedies or damages in
relation to, the production or distribution of advanced
technological false personation records, deepfakes, or related
content, including criminal and civil laws relating to
copyright, tortious conduct, and false personation.
``(j) Exceptions.--
``(1) Disclosure.--The requirements under subsections (c),
(d), and (e) shall not apply with respect to any advanced
technological false personation record--
``(A) containing alternative disclosures regarding
the falsity of the exhibited material activities which
a reasonable person would deem to be more prominent
than those required under subsection (c), (d), or (e),
as the case may be;
``(B) during the process of producing such record,
provided the ultimately distributed record is in
compliance with such requirements;
``(C) which primarily contains images or sound
recordings of actual persons, such as performing
artists, and have not been substantially digitally
modified;
``(D) created in connection with editing a motion
picture, television, music, or similar production or
creating a derivative production thereof, the original
content of which was created prior to the enactment of
this section, in which the person appearing provided
consent to their original appearance;
``(E) appearing in a context such that a reasonable
person would not mistake the falsified material
activity for actual material activity of the exhibited
living person, such as parody shows or publications,
historical reenactments, or fictionalized radio,
television, or motion picture programming; or
``(F) produced by an officer or employee of the
United States, or under the authority thereof, in
furtherance of public safety or national security.
``(2) Digital content provenance.--The digital content
provenance requirement under subsection (b) shall not apply
with respect to any class of advanced technological false
personation records which the Attorney General determines by
regulation should be excluded from such requirement.
``(k) Advisory Opinions, Waiver, and Standards.--
``(1) Advisory opinions.--The Attorney General shall--
``(A) establish a process by which any producer of
audio, visual, or audiovisual content may seek an
advisory opinion from the Attorney General regarding
whether their proposed production is required to comply
with the requirements under this section;
``(B) respond to a request described in
subparagraph (A) not later than 30 days after the date
of submission; and
``(C) not pursue enforcement action under this
section against any producer who relied in good faith
on such an advisory opinion.
``(2) Waiver.--The Attorney General is authorized to grant,
and shall establish and publish procedures to govern the
issuance of, waivers from any requirements under this section
to additional categories of advanced technological false
personation records upon petition of any producer thereof if
such producer can demonstrate that compliance with this section
would impede their ability to engage in lawful activities
protected by the First Amendment of the Constitution.
``(3) Digital content provenance standards.--Not later than
1 year after the date of enactment of this section, the
Attorney General shall issue rules governing the technical
specifications of the digital content provenance required under
subsection (b) which stall include, if such is determined
appropriate, a requirement for such digital content provenance
to contain embedded or linked metadata.
``(l) Venue.--Any action under this section may be brought, in
addition to in any district otherwise described in section 1391 of
title 28, in the district where or the person falsely depicted in the
advanced technological false personation record resides.
``(m) Extraterritoriality.--There is extraterritorial Federal
jurisdiction over an offense under this section if the defendant or the
depicted person is a citizen or permanent resident of the United
States.
``(n) Definitions.--
``(1) Advanced technological false personation record.--The
term `advanced technological false personation record' means
any deepfake, which--
``(A) a reasonable person, having considered the
visual or audio qualities of the record and the nature
of the distribution channel in which the record
appears, would believe accurately exhibits--
``(i) any material activity of a living
person which such living person did not in fact
undertake; or
``(ii) any material activity of a deceased
person which such deceased person did not in
fact undertake, and the exhibition of which is
substantially likely to either further a
criminal act or result in improper interference
in an official proceeding, a public policy
debate, or an election; and
``(B) was produced without the consent of such
living person, or in the case of a deceased person,
such person or the heirs thereof.
``(2) Material activity.--The term `material activity'
means any speech, conduct, or depiction which causes, or a
reasonable person would recognize has a tendency to cause
perceptible individual or societal harm, including
misrepresentation, reputational damage, embarrassment,
harassment, financial losses, the incitement of violence, the
alteration of a public policy debate or election, or the
furtherance of any unlawful act.
``(3) Deepfake.--The term `deepfake' means any video
recording, motion-picture film, sound recording, electronic
image, or photograph, or any technological representation of
speech or conduct substantially derivative thereof--
``(A) which appears to authentically depict any
speech or conduct of a person who did not in fact
engage in such speech or conduct; and
``(B) the production of which was substantially
dependent upon technical means, rather than the ability
of another person to physically or verbally impersonate
such person.
``(o) Reports.--The Attorney General, in coordination with other
relevant Federal agencies, shall submit a report to Congress 5 years
after the date of enactment of this section, and 5 years thereafter,
describing trends related to prosecutions and civil penalties pursued
under this section.
``Sec. 1042. Deepfakes victim assistance
``(a) Coordinator for Violations Directed by Foreign Nation-
States.--The Attorney General shall designate a coordinator in each
United States Attorney's Office to receive reports from the public
regarding potential violations of section 1041 relating to deepfake
depictions produced or distributed by any foreign nation-state, or any
agent acting on its behalf, and coordinate prosecutions for any such
violation.
``(b) Coordinator for False Intimate Depictions.--The Attorney
General shall designate a coordinator in each United States Attorney's
Office to receive reports from the public regarding potential
violations of section 1041 relating to deepfake depictions of an
intimate and sexual nature, and coordinate prosecutions for any such
violation.
``(c) Plan and Guidance.--On the effective date of this section,
the Attorney General shall publish a report containing--
``(1) a plan to effectuate and enforce section 1041;
``(2) a description of the efforts of the Russian
Federation and the People's Republic of China, and such other
states or groups as the Attorney General determines
appropriate, to use deepfake technology to impact elections or
public policy debates in the United States or other
democracies;
``(3) a description of the impact of intimate and sexual
deepfakes on women and marginalized communities; and
``(4) in order to increase the likelihood of such
prosecutions, official guidance to Federal prosecutors
regarding any potential legal concerns that may impede such
prosecutions absent clarification.''.
(b) Clerical Amendment.--The table of sections for chapter 47 of
title 18, United States Code, is amended by adding at the end the
following:
``1041. Advanced technological false personation record.
``1042. Deepfakes victim assistance.''.
SEC. 3. TRANSPARENCY FACILITATION.
(a) In General.--Any person who, in or affecting interstate or
foreign commerce, for commercial purposes, develops a product that such
person reasonably believes, in the context of the intended distribution
of the product, will be used to produce deepfakes, as such term is
defined in section 1041 of title 18, United States Code, as added by
this Act, shall--
(1) ensure such product has the technical capability to
insert digital content provenance and disclosures of the nature
described in such section into such deepfakes; and
(2) include terms of use or other analogous disclosures
with such product, which require the user of such product to
affirmatively acknowledge their general awareness of their
legal obligations under section 1041 of title 18, United States
Code.
(b) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this section or a regulation promulgated under this section
shall be treated as a violation of a regulation under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
(2) Powers of commission.--The Federal Trade Commission
shall enforce this section and the regulations promulgated
under this section in the same manner, by the same means, and
with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission
Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this section. Any person who violates this section or a
regulation promulgated under this section shall be subject to
the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act.
(3) Rulemaking.--The Federal Trade Commission may
promulgate regulations, in accordance with section 553 of title
5, United States Code, to implement this section.
SEC. 4. IN REM LITIGATION AGAINST FOREIGN AND UNKNOWN DEFENDANTS.
(a) In General.--A living person, or an affiliated corporate or
other entity substantially connected to such living person, exhibited
as engaging in falsified material activity in an advanced technological
false personation record (as such term is defined in section 1041 of
title 18, United States Code), and subject to the exceptions under
section 1041(j) of such title, may file an in rem civil action against
an advanced technological false personation record, in the judicial
district in which such living person or related entity resides, if--
(1) the producer of such advanced technological false
personation record is in violation of any provision in section
1041 of title 18, United States Code, for which a private
remedy is provided; and
(2) the court finds that such living person or related
entity--
(A) is not able to obtain in personam jurisdiction
over a person who would have been a defendant in a
civil action in section 1041 of title 18, United States
Code, as added by section 2 of this Act; or
(B) through reasonable due diligence was not able
to find a person who would have been a defendant in a
civil action under paragraph (1) by--
(i) if practicable, sending a notice of the
alleged violation and intent to proceed under
this paragraph to the producer of the record;
(ii) publishing notice of the action as the
court may direct promptly after filing the
action; and
(iii) complying with such other due
diligence measures the Attorney General
promulgates through regulation.
(b) Service of Process.--The actions under subsection (a)(2)(B)(ii)
shall constitute service of process.
(c) Jurisdiction.--In an in rem action under this section, an
advanced false personation record shall be deemed to have its situs in
the judicial district in which the person falsely depicted as engaging
in material activity resides.
(d) Remedies.--The remedies in an in rem action under this section
shall be limited to--
(1) a court order declaring there to be a substantial
likelihood that the material activity depicted in such advanced
technological false personation record is false and lacking the
digital content provenance and disclosures required under
section 1041 of title 18, United States Code, as added by
section 2 of this Act; and
(2) as appropriate at the discretion of the court, the
forfeiture by the producer of such advanced technological false
personation record of profits directly derived from the
production and distribution of such record.
(e) Estoppel and Additional Remedies.--A court order under
subsection (d) may not be used for purposes of estoppel in subsequent
litigation should the living person or related entity bringing suit
file additional actions under other provisions of law. The in rem
action established under this Act shall be in addition to any other
civil action or remedy otherwise applicable and any other jurisdiction
that otherwise exists, whether in rem or in personam.
SEC. 5. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH AUDIOVISUAL AND
BIOMETRIC IDENTITY AUTHENTICATION.
(a) Offense.--Section 1028 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``or a false
identification document'' and inserting ``a false
identification document, or a false audiovisual
identification record'';
(B) in paragraph (4), by striking ``or a false
identification document,'' and inserting ``a false
identification document, or a false audiovisual
identification record,''; and
(C) in paragraph (5), by striking ``a false
identification document'' and inserting ``a false
identification document, false audiovisual
identification record'';
(2) in subsection (b)(1)(A), by striking ``or false
identification document'' and inserting ``a false
identification document, or a false audiovisual identification
record'';
(3) in subsection (c)(3)(A), by inserting after ``a
document'' the following: ``or a false audiovisual
identification record''; and
(4) in subsection (d)--
(A) in paragraph (1), insert after ``letters,'' the
following: ``biometric indicators'';
(B) in paragraph (7), insert after ``other unique
physical representation'' the following: ``including
facial dimensions or characteristics, or visual imagery
or content which appears to authentically depict any
speech or conduct of a person who did not in fact
engage in such speech or conduct'';
(C) in paragraph (11), strike ``and'' at the end;
(D) in paragraph (12)(B), strike the period at the
end and insert ``; and''; and
(E) by adding at the end the following:
``(13) The term `false audiovisual identification record'
means any advanced technological false personation record (as
such term is defined in section 1041)--
``(A) used or attempted to be used by a person for
the purpose of assuming the identity of the person
depicted in the advanced technological false
personation record without such other person's consent;
and
``(B)(i) the use or attempted use of which is
intended to further any unlawful activity that
constitutes a violation of Federal law, or that
constitutes a felony under any applicable State,
territorial, or local law;
``(ii) depicts obscenity or sexually
explicit conduct, considering the extent to
which the record appeals to the prurient
interest, is patently offensive, and lacks
serious literary, artistic, political, or
scientific value;
``(iii) depicts fighting words, which by
their very utterance, inflict injury or tend to
incite an immediate breach of the peace;
``(iv) constitutes a call to imminent
lawless action, and is likely, whether on its
own or collectively in connection with related
records, to incite or produce such action; or
``(v) depicts or constitutes other
activities or speech that the Attorney General
determines by regulation pose a credible threat
to the national interests of the United States,
which, as of the date of such regulation, have
been determined by a Federal court to
constitute an unprotected class of speech under
the first amendment.''.
(b) Rule of Construction.--The amendments made by subsection (a)
may not be interpreted as imposing any limitations on the applicability
of section 1028 of title 18, United States Code, to any item which was
covered by such section prior to the date of enactment of this Act.
SEC. 6. FALSE PERSONATION.
(a) In General.--Chapter 43 of title 18 of the United States Code
is amended by adding at the end a new section as follows:
``Sec. 918. Deepfake false personation generally
``Section 911 through 917 of this chapter shall be interpreted to
include producers, or persons who substantially and knowingly
contribute to the production and unlawful use of, advanced
technological false personation records (as such term is defined in
section 1041), subject to the exceptions under section 4041(j).''.
(b) Clerical Amendment.--The table of sections for chapter 43 of
title 18, United States Code, is amended by adding at the end the
following:
``918. Deepfake false personation generally.''.
SEC. 7. DETECTION OF DEEPFAKES.
(a) Establishment of Task Force.--The Secretary of Homeland
Security, in coordination with the heads of other relevant Federal
entities, shall establish a task force within the Science and
Technology Directorate of the Department of Homeland Security (in this
section referred to as the ``Deepfakes Task Force''), to--
(1) advance efforts of the United States Government to
combat the national security implications of deepfakes;
(2) as appropriate, research and develop technologies to
detect, or otherwise counter and combat, deepfakes and other
advanced image manipulation methods and distinguish such
deepfakes or related forgeries from legitimate audiovisual
recordings or visual depictions of actual events;
(3) provide support, both administrative and scientific, to
other Federal entities researching such technologies;
(4) encourage efforts of the United States Government to
adopt such technologies; and
(5) facilitate discussion and appropriate cooperation
between the United States Government and relevant private
sector technology enterprises or other nongovernmental
entities, including academic and research institutions,
regarding the identification of deepfakes or other advanced
image manipulation methods.
(b) Private Sector Collaboration.--If the United States Government
develops technologies to reliably detect deepfakes and other advanced
image manipulation methods and distinguish such deepfakes or related
forgeries from legitimate audiovisual recordings or visual depictions
of actual events, the President shall, unless the President determines
such is contrary to the national interests of the United States, seek
to make such technologies available to appropriate United States
private sector internet platforms, including social networks.
(c) Annual Report.--Not later than one year after the date of the
enactment of this Act and annually thereafter for five years, the
Secretary of Homeland Security shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate an
unclassified report, which may contain a classified annex, describing
the following:
(1) The activities of the Deepfakes Task Force.
(2) As appropriate, technological progress related to the
detection of deepfakes and other advanced image manipulation
methods.
(3) New developments related to the national security
threat posed by deepfakes and other advanced image manipulation
methods, which shall include a description of any efforts of
the Russian Federation and the People's Republic of China, and
such other countries or groups as the Secretary determines
appropriate, to distribute deepfakes or related forgeries in
the United States or other democracies.
(4) Related efforts of the United States to combat and
counter deepfakes and other advanced image manipulation
methods.
(d) Definition.--The term ``deepfake'' shall have the meaning given
such term in section 1041 of title 18, United States Code, as added by
section 2 of this Act.
SEC. 8. CONGRESSIONAL NOTIFICATION.
The Secretary of Homeland Security shall annually submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
classified written notification and, upon request, a briefing,
regarding any known attempts of foreign countries to use deepfakes (as
such term is defined in section 1041 of title 18, United States Code,
as added by section 2 of this Act) or other advanced image manipulation
methods to influence or otherwise interfere in an official proceeding
within the United States, including an election.
SEC. 9. INFORMATION SHARING.
The Secretary of Homeland Security shall take such actions as may
be necessary to establish in the Department of Homeland Security an
information sharing program relating to deepfakes (as such term is
defined in section 1041 of title 18, United States Code, as added by
section 2 of this Act) and other advanced image manipulation methods to
permit online platforms (as defined in section 10(d) of this Act) to
alert other such platforms to prevent the spread of a malicious
deepfake or other related forgery, as well as to promptly alert for
public dissemination news organizations regarding such deepfake or
related forgery.
SEC. 10. REQUIREMENTS FOR ONLINE PLATFORMS.
(a) Technical Capability Relating to Digital Content Provenance.--A
provider of an online platform shall ensure such platform has the
technical capability to insert digital content provenance and
disclosures of the nature described in section 1041 of title 18, United
States Code, as added by this Act, into any deepfakes that are
distributed on such platform.
(b) System To Detect Deepfakes.--A provider of an online platform
shall have in place a system to detect deepfakes in the content
distributed on such platform.
(c) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this section or a regulation promulgated under this section
shall be treated as a violation of a regulation under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
(2) Powers of commission.--The Federal Trade Commission
shall enforce this section and the regulations promulgated
under this section in the same manner, by the same means, and
with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission
Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this section. Any person who violates this section or a
regulation promulgated under this section shall be subject to
the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act.
(3) Rulemaking.--The Federal Trade Commission may
promulgate regulations, in accordance with section 553 of title
5, United States Code, to implement this section.
(d) Definitions.--In this section:
(1) Deepfake.--The term ``deepfake'' has the meaning given
such term in section 1041 of title 18, United States Code, as
added by this Act.
(2) Online platform.--The term ``online platform'' means
any public-facing website, online service, online application,
or mobile application which is operated for commercial purposes
and provides a community forum for user-generated content,
including a social network site, content aggregation service,
or service for sharing videos, images, games, audio files, or
other content.
SEC. 11. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is one year after the date of enactment of this Act.
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Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Cybersecurity and Infrastructure Protection.
Referred to the Subcommittee on Emergency Management and Technology.
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