[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6466 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6466
To require disclosures for AI-generated content, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 21, 2023
Mr. Kean of New Jersey introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committee on Science, Space, and Technology, 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 require disclosures for AI-generated content, and for other
purposes.
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 ``AI Labeling Act of 2023''.
SEC. 2. DISCLOSURES FOR AI-GENERATED CONTENT.
(a) Consumer Disclosures.--
(1) Image, video, audio, or multimedia ai-generated
content.--
(A) In general.--Each generative artificial
intelligence system that, using any means or facility
of interstate or foreign commerce, produces image,
video, audio, or multimedia AI-generated content shall
include on such AI-generated content a clear and
conspicuous disclosure that meets the requirements of
subparagraph (B).
(B) Disclosure requirements.--A disclosure required
under subparagraph (A) shall meet each of the following
criteria:
(i) The disclosure shall include a clear
and conspicuous notice, as appropriate for the
medium of the content, that identifies the
content as AI-generated content.
(ii) The output's metadata information
shall include an identification of the content
as being AI-generated content, the identity of
the tool used to create the content, and the
date and time the content was created.
(iii) The disclosure shall, to the extent
technically feasible, be permanent or unable to
be easily removed by subsequent users.
(2) Text ai-generated content.--Each artificial
intelligence system that, using any means or facility of
interstate or foreign commerce, produces text AI-generated
content (including through an artificial intelligence chatbot)
shall include a clear and conspicuous disclosure that
identifies the content as AI-generated content and that is, to
the extent technically feasible, permanent or unable to be
easily removed by subsequent users.
(3) Other obligations.--
(A) Developers of generative artificial
intelligence systems.--Any entity that develops a
generative artificial intelligence system shall
implement reasonable procedures to prevent downstream
use of such system without the disclosures required
under this section, including by--
(i) requiring by contract that end users
and third-party licensees of the system refrain
from removing any required disclosure;
(ii) requiring certification that end users
and third-party licensees will not remove any
such disclosure; and
(iii) terminating access to the system when
the entity has reason to believe that an end
user or third-party licensee has removed the
required disclosure.
(B) Third-party licensees.--Any third-party
licensee of a generative artificial intelligence system
shall implement reasonable procedures to prevent
downstream use of such system without the disclosures
required under this section, including by--
(i) requiring by contract that users of the
system refrain from removing any required
disclosure;
(ii) requiring certification that end users
will not remove any such disclosure; and
(iii) terminating access to the system when
the third-party licensee has reason to believe
that an end user has removed the required
disclosure.
(4) Enforcement by the commission.--
(A) Unfair or deceptive acts or practice.--A
violation of this subsection shall be treated as a
violation of a rule defining an unfair or deceptive act
or practice under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(B) Powers of the commission.--
(i) In general.--The Commission shall
enforce this subsection 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
subsection.
(ii) Privileges and immunities.--Any person
who violates this subsection or a regulation
promulgated thereunder shall be subject to the
penalties and entitled to the privileges and
immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(iii) Authority preserved.--Nothing in this
Act shall be construed to limit the authority
of the Commission under any other provision of
law.
(b) AI-Generated Content Consumer Transparency Working Group.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this section, the Director of the National
Institute of Standards and Technology (in this section referred
to as the ``Director''), in coordination with the heads of
other relevant Federal agencies, shall form a working group to
assist platforms in identifying AI-generated content.
(2) Membership.--The working group shall include members
from the following:
(A) Relevant Federal agencies.
(B) Developers of generative artificial
intelligence systems.
(C) Private sector groups engaged in developing
content detection standards.
(D) Social media platforms.
(E) Academic and other relevant entities.
(F) Any other entity determined appropriate by the
Director.
(3) Duties.--Not later than 1 year after the date on which
the Director establishes the working group under paragraph (1),
the working group shall publish a framework that includes--
(A) technical standards for AI-generated content
detection technology to assist platforms in identifying
image, video, audio, and multimedia AI-generated
content;
(B) guidelines and best practices for platforms to
implement such technical standards; and
(C) recommendations for detection practices for
non-audiovisual AI-generated content, including text.
(4) Report to congress.--Not later than 1 year after the
date on which the Director establishes the working group under
paragraph (1), the Director shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report on the framework published under
paragraph (3), together with recommendations for legislative or
administrative action determined appropriate by the Director.
(5) Exemption from application of faca.--Chapter 10 of
title 5, United States Code, shall not apply to the working
group.
(c) Definitions.--In this section:
(1) AI-generated content.--The term ``AI-generated
content'' means image, video, audio, multimedia, or text
content that is substantially created or modified by a
generative artificial intelligence system such that the use of
the system materially alters the meaning or significance that a
reasonable person would take away from the content.
(2) Artificial intelligence chatbot.--The term ``artificial
intelligence chatbot'' means generative artificial intelligence
system with which users can interact by or through an interface
that approximates or simulates conversation.
(3) Clear and conspicuous.--The term ``clear and
conspicuous'', with respect to a disclosure, means that the
disclosure meets the following criteria:
(A) For any content that is solely visual or solely
audible, the disclosure shall be made through the same
means through which the content is presented.
(B) For any content that is both visual and
audible, the disclosure shall be visual and audible.
(C) A visual disclosure, by its size, contrast,
location, the length of time it appears, and other
characteristics, shall stand out from any accompanying
text or other visual elements so that the disclosure is
easily noticed, read, and understood.
(D) An audible disclosure shall be delivered in a
volume, speed, and cadence sufficient for a reasonable
person to easily hear and understand the disclosure.
(E) The disclosure shall not be avoidable.
(F) The disclosure shall use diction and syntax
understandable to a reasonable person.
(G) The disclosure shall not be contradicted or
mitigated by, or inconsistent with, anything else in
the communication.
(H) Any other criteria determined appropriate by
the Commission.
(4) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(5) Generative artificial intelligence system.--The term
``generative artificial intelligence system'' means any system
that uses artificial intelligence (as defined in section 238(g)
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019) to generate or substantially modify image,
video, audio, multimedia, or text content.
(6) Metadata.--The term ``metadata'' has the meaning given
such term in section 3502 of title 44, United States Code.
(7) Platform.--The term ``platform'' has the meaning given
the term ``interactive computer service'' in section 230(f) of
the Communications Act of 1934 (47 U.S.C. 230(f)).
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