[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7766 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7766
To require the National Institute of Standards and Technology to
establish task forces to facilitate and inform the development of
technical standards and guidelines relating to the identification of
content created by generative artificial intelligence, to ensure that
audio or visual content created or substantially modified by generative
artificial intelligence includes a disclosure acknowledging the
generative artificial intelligence origin of such content, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2024
Ms. Eshoo (for herself, Mr. Dunn of Florida, Mr. Beyer, and Mrs.
Foushee) 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 the National Institute of Standards and Technology to
establish task forces to facilitate and inform the development of
technical standards and guidelines relating to the identification of
content created by generative artificial intelligence, to ensure that
audio or visual content created or substantially modified by generative
artificial intelligence includes a disclosure acknowledging the
generative artificial intelligence origin of such 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 ``Protecting Consumers from Deceptive
AI Act''.
SEC. 2. FINDINGS.
This Congress finds the following:
(1) The majority of Americans consume most of their
information online from social media platforms. A 2023 Pew
Research survey found that a large majority of U.S. adults (86
percent) say they often or sometimes get news from a
smartphone, computer or tablet, including 56 percent who say
they do so often.
(2) The increasing capabilities of generative artificial
intelligence models has led to a marked increase in the
creation of convincing ``deepfakes'' and greater difficulty for
everyday Americans in telling real and deepfake images, audio,
and videos apart. A December 2022 study found participants were
only 62 percent accurate when asked to determine whether images
were deepfake or real, and even worse, that their self-reported
confidence in their answers was high, and unrelated to
accuracy.
(3) Deepfakes create consumer deception issues, where
persons can create ``deepfake'' images and videos to fool
consumers about information related to products they may wish
to purchase. Fake celebrity endorsements of various products
and scams have proliferated in the past year, including an ad
in which a deepfake of famous actor Tom Hanks endorsed a dental
insurance plan.
(4) The proliferation of deepfakes can also create national
security issues, such as a deepfake image of an explosion at
the Pentagon that was shared widely last year and caused enough
confusion that the stock market briefly dipped.
(5) Deepfakes used in political advertising can also create
confusion, such as when someone used an AI model that had been
trained to replicate President Biden's voice was used to make
robocalls to voters in New Hampshire ahead of a primary
election, and provided false information intended to discourage
potential voters from voting in the election. As the Supreme
Court found 8-1 in Citizens United v. Federal Election
Commission, 558 U.S. 310 (2010), the government has an interest
in ```insur[ing] that the voters are fully informed' about the
person or group who is speaking''.
(6) Requiring deepfakes to be clearly labeled is important
to protect consumers from deception, protect our national
security, and to maintain an informed electorate.
SEC. 3. GUIDELINES TO FACILITATE DISTINGUISHING CONTENT GENERATED BY
GENERATIVE ARTIFICIAL INTELLIGENCE.
(a) Task Forces for Development of Guidelines and Promoting
Standards.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of the National
Institute of Standards and Technology shall establish task
forces to accomplish the following goals:
(A) Supporting the development of technical
standards and guidelines to provide content provenance
metadata, watermarking, digital fingerprinting for
audio or visual content, and other technical measures
that the task forces determine significant. To the
extent technically feasible, such task forces should
seek to make content provenance metadata
cryptographically verifiable, and to make watermarks
difficult to remove or obscure.
(B) Supporting the development of technical
standards and guidelines to assist online application
and content providers and operators in identifying and
labeling audio or visual content created or
substantially modified by generative artificial
intelligence, including exploring interoperable
standards that assist social media and other online
platforms with identifying, maintaining, interpreting,
and displaying watermarks, digital fingerprinting, and
secure content provenance metadata associated with
audio or visual content, while considering
circumvention techniques and enforcement.
(C) Supporting the development of technical
standards and guidelines to identify and label text-
based content created or substantially modified by
generative artificial intelligence. Such support may
include developing standards to embed content
provenance data or metadata, watermarking, digital
fingerprinting, or other technical measures when
creating such content.
(2) Standards bodies.--To the extent possible, the outcome
and output of the task forces established pursuant to paragraph
(1) should inform development of technical standards developed
by private, consensus organizations, as referred to in section
2 of the National Institute of Standards and Technology Act (15
U.S.C. 272) and OMB Circular A-119.
(3) Membership.--The Director of the National Institute of
Standards and Technology shall include in the memberships of
each of the task forces described in paragraph (1) appropriate
representatives of the following:
(A) Relevant Federal agencies.
(B) Developers of generative artificial
intelligence technology.
(C) Entities, including standards development
organizations, engaged in the development of content
detection standards and technology, including
authentication and traceability.
(D) Social networking service providers and online
instant messaging service providers.
(E) Online search engine service providers.
(F) Developers of web browsers and mobile operating
systems.
(G) Academic entities, civil society and advocacy
groups, and other related entities, especially such
entities and groups engaged in the development or
implementation of content detection standards and
technology.
(H) Privacy advocates and experts.
(I) Human rights lawyers and advocates with
expertise in the effects of technology in countries
around the world.
(J) Media organizations, including news publishers
and image providers.
(K) Creator associations and organizations
representing the interests of other copyright owners.
(L) Artificial intelligence testing experts, such
as those with privacy expertise in artificial
intelligence red-teaming.
(M) Technical experts in digital forensics,
cryptography, and secure digital content and delivery.
(N) Any other entity the Director determines
appropriate.
(4) Duties.--
(A) Submission to director.--Each of the task
forces established pursuant to paragraph (1) shall, not
later than 270 days after the establishment of each
such task force, submit to the Director of the National
Institute of Standards and Technology a report
containing recommendations relating to the technical
standards and guidelines each such task force is
supporting.
(B) Submission to congress.--Each of the task
forces established pursuant to paragraph (1) shall, not
later than one year after the establishment of each
such task force and annually thereafter for five years,
submit to the Committee on Science, Space, and
Technology and the Committee on Energy and Commerce of
the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
report on the activities of such task force for the
immediately preceding one year period.
(5) Privacy.--The task forces established pursuant to
paragraph (1) shall consider issuing guidance for online
service and application providers and operators to store and
display content provenance data and metadata in a privacy-
preserving manner, including clear guidance on how such
providers and operators can indicate to users when such users
are sharing content that contains content provenance data and
metadata, indicate the information contained in the data and
metadata such users are sharing, and provide options to limit
the data and metadata such users are sharing that may have
privacy implications.
(b) Informing Consumers of Content Generated by Artificial
Intelligence.--
(1) Providers of generative artificial intelligence
applications.--A person who makes available to users a software
application based on generative artificial intelligence
technology shall--
(A) ensure that audio or visual content created or
substantially modified by such application incorporates
(as part of such content and in a manner that may or
may not be perceptible by unaided human senses) a
disclosure that--
(i) is machine-readable; and
(ii) acknowledges the generative artificial
intelligence origin of such content;
(B) establish and implement reasonable measures to
prevent a disclosure described in subparagraph (A) from
being removed or otherwise tampered with;
(C) collaborate with providers of covered online
platforms to assist such providers in identifying and
accessing the information of disclosures described in
subparagraph (A); and
(D) ensure that such application makes available to
users the ability to incorporate, within the metadata
of content created or modified by such application,
information regarding the generative artificial
intelligence origin of such content, including tamper-
evident information regarding--
(i) the name of such application;
(ii) the name and version of the generative
artificial intelligence model utilized by such
application to create or modify such content;
(iii) the date and time associated with the
creation or modification of such content by
such application; and
(iv) the portion of such content that was
created or modified by such application.
(2) Providers of covered online platforms.--A person who
makes available for use a covered online platform--
(A) shall clearly and conspicuously provide to a
user of such platform, with respect to audio or visual
content accessed by such user through such platform
that incorporates a disclosure described in paragraph
(1)(A), the information included in such disclosure;
and
(B) may not, with respect to audio or visual
content accessed by such user through such platform
that incorporates a disclosure described in paragraph
(1)(A), remove such disclosure or any incorporated
information described in paragraph (1)(D).
(3) Regulations.--
(A) In general.--Not later than 2 years after the
date of the enactment of this Act, the Commission shall
promulgate regulations under section 553 of title 5,
United States Code, to carry out this subsection.
(B) Consultation.--In carrying out subparagraph
(A), the Commission shall consult with the National
Institute of Standards and Technology and the task
forces established under subsection (a)(1).
(4) Enforcement by commission.--
(A) Unfair or deceptive acts or practices.--A
violation of this subsection or a regulation
promulgated under this subsection 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.
(B) Powers of commission.--The Commission shall
enforce this subsection and the regulations promulgated
under 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 Act. Any
person who violates such subsection or a regulation
promulgated under such subsection shall be subject to
the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission
Act.
(C) Authority preserved.--Nothing in this
subsection may be construed to limit the authority of
the Commission under any other provision of law.
(5) Effective date.--Paragraphs (1) and (2) of this
subsection shall take effect on the date that is 90 days after
the date on which the regulations promulgated under paragraph
(3) take effect.
(6) Safe harbors.--
(A) In general.--A person who makes available for
use a generative artificial intelligence application or
a covered online platform may satisfy the requirements
of this subsection (including regulations promulgated
under this subsection) by following self-regulatory
guidelines that are approved by the Commission under
subparagraph (B).
(B) Self-regulatory guidelines.--
(i) Incentives.--In promulgating
regulations under this subsection, the
Commission may provide incentives for self-
regulation.
(ii) Deemed compliance.--Incentives
described in clause (i) shall include
provisions for ensuring that a person will be
deemed to be in compliance with the
requirements of this subsection (including
regulations promulgated under this subsection)
if that person complies with guidelines that,
after provision of notice and an opportunity
for comment, are approved by the Commission
upon a determination that such guidelines
satisfy the requirements of this subsection
(including regulations promulgated under this
subsection).
(iii) Expedited response to requests.--The
Commission shall act upon a request for
approval of guidelines under this paragraph not
later than 180 days after the date on which
such request is filed and shall set forth in
writing conclusions with regard to such
request.
(C) Appeals.--Final action by the Commission on a
request for approval of guidelines under this
paragraph, or the failure to act within the time period
described in subparagraph (B)(iii), may be appealed to
a district court of the United States of appropriate
jurisdiction as provided for in section 706 of title 5,
United States Code.
(7) Privacy and interoperability.--The Commission shall
consider privacy concerns and the interoperability of standards
when promulgating regulations under paragraph (3) and
considering the approval of guidelines under paragraph (6).
(c) Definitions.--In this section:
(1) Audio or visual content.--The term ``audio or visual
content'' means content in the form of a digital image, a
video, or audio.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Content provenance.--The term ``content provenance''
means the chronology of the origin and history associated with
digital content.
(4) Covered online platform.--The term ``covered online
platform'' means a website, internet application, or mobile
application available to users in the United States, including
a social networking site, video sharing service, search engine,
or content aggregation service available to users in the United
States, that--
(A) generates at least $50,000,000 in annual
revenue; or
(B) had at least 25,000,000 monthly active users
for not fewer than 3 of the preceding 12 months.
(5) Digital fingerprinting.--The term ``digital
fingerprinting'' means the process by which an identifier is
derived from a piece of digital content and stored in a
database, for the purpose of identifying, matching against, or
verifying such content, or similar content, at a later date.
(6) Generative artificial intelligence.--The term
``generative artificial intelligence'' means the class of
models and algorithms that use deep learning algorithms or
other statistical techniques to generate new data that has
similar characteristics and properties to the data with respect
to which such models and algorithms have been trained,
including any form of digital content.
(7) Machine-readable.--The term ``machine-readable'' has
the meaning given such term in section 3502 of title 44, United
States Code.
(8) Metadata.--The term ``metadata'' has the meaning given
such term in section 3502 of title 44, United States Code.
(9) Watermarking.--The term ``watermarking'' means the act
of embedding tamper-resistant information into digital content
(perceptibly or imperceptibly) which may be used to establish
some aspect or aspects of the content provenance of the content
or to store reference information.
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