[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2770 Reported in Senate (RS)]
<DOC>
Calendar No. 388
118th CONGRESS
2d Session
S. 2770
To prohibit the distribution of materially deceptive AI-generated audio
or visual media relating to candidates for Federal office, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 12, 2023
Ms. Klobuchar (for herself, Mr. Hawley, Mr. Coons, Ms. Collins, and Mr.
Bennet) introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
May 15, 2024
Reported by Ms. Klobuchar, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To prohibit the distribution of materially deceptive AI-generated audio
or visual media relating to candidates for Federal office, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Protect Elections from
Deceptive AI Act''.</DELETED>
<DELETED>SEC. 2. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE
AI-GENERATED AUDIO OR VISUAL MEDIA PRIOR TO
ELECTION.</DELETED>
<DELETED> (a) In General.--Title III of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at
the end the following new section:</DELETED>
<DELETED>``SEC. 325. PROHIBITION ON DISTRIBUTION OF MATERIALLY
DECEPTIVE AI-GENERATED AUDIO OR VISUAL MEDIA.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Covered individual.--The term `covered
individual' means a candidate for Federal office.</DELETED>
<DELETED> ``(2) Deceptive ai-generated audio or visual
media.--The term `deceptive AI-generated audio or visual media'
means an image, audio, or video that--</DELETED>
<DELETED> ``(A) is the product of artificial
intelligence or machine learning, including deep
learning techniques, that--</DELETED>
<DELETED> ``(i) merges, combines, replaces,
or superimposes content onto an image, audio,
or video, creating an image, audio, or video
that appears authentic; or</DELETED>
<DELETED> ``(ii) generates an inauthentic
image, audio, or video that appears authentic;
and</DELETED>
<DELETED> ``(B) a reasonable person, having
considered the qualities of the image, audio, or video
and the nature of the distribution channel in which the
image, audio, or video appears--</DELETED>
<DELETED> ``(i) would have a fundamentally
different understanding or impression of the
appearance, speech, or expressive conduct
exhibited in the image, audio, or video than
that person would have if that person were
hearing or seeing the unaltered, original
version of the image, audio, or video;
or</DELETED>
<DELETED> ``(ii) would believe that the
image, audio, or video accurately exhibits any
appearance, speech, or expressive conduct of a
person who did not actually exhibit such
appearance, speech, or expressive
conduct.</DELETED>
<DELETED> ``(3) Federal election activity.--The term
`Federal election activity' has the meaning given the term in
section 301(20)(A)(iii).</DELETED>
<DELETED> ``(b) Prohibition.--Except as provided in subsection (c),
a person, political committee, or other entity may not knowingly
distribute materially deceptive AI-generated audio or visual media of a
covered individual, or in carrying out a Federal election activity,
with the intent to--</DELETED>
<DELETED> ``(1) influence an election; or</DELETED>
<DELETED> ``(2) solicit funds.</DELETED>
<DELETED> ``(c) Inapplicability to Certain Entities.--This section
shall not apply to the following:</DELETED>
<DELETED> ``(1) A radio or television broadcasting station,
including a cable or satellite television operator, programmer,
or producer, or a streaming service that broadcasts materially
deceptive AI-generated audio or visual media prohibited by this
section as part of a bona fide newscast, news interview, news
documentary, or on-the-spot coverage of bona fide news events,
if the broadcast clearly acknowledges through content or a
disclosure, in a manner that can be easily heard or read by the
average listener or viewer, that there are questions about the
authenticity of the materially deceptive AI-generated audio or
visual media.</DELETED>
<DELETED> ``(2) A regularly published newspaper, magazine,
or other periodical of general circulation, including an
internet or electronic publication, that routinely carries news
and commentary of general interest, and that publishes
materially deceptive AI-generated audio or visual media
prohibited under this section, if the publication clearly
states that the materially deceptive AI-generated audio or
visual media does not accurately represent the speech or
conduct of the covered individual.</DELETED>
<DELETED> ``(3) Materially deceptive AI-generated audio or
visual media that constitutes satire or parody.</DELETED>
<DELETED> ``(d) Civil Action.--</DELETED>
<DELETED> ``(1) Injunctive or other equitable relief.--
</DELETED>
<DELETED> ``(A) In general.--A covered individual
whose voice or likeness appears in, or who is the
subject of, a materially deceptive AI-generated audio
or visual media, including content distributed as part
of a Federal election activity, distributed in
violation of this section may seek injunctive or other
equitable relief prohibiting the distribution of
materially deceptive AI-generated audio or visual media
in violation of this section.</DELETED>
<DELETED> ``(B) Precedence.--An action under this
paragraph shall be entitled to precedence in accordance
with the Federal Rules of Civil Procedure.</DELETED>
<DELETED> ``(2) Damages.--</DELETED>
<DELETED> ``(A) In general.--A covered individual
whose voice or likeness appears in, or who is the
subject of, a materially deceptive AI-generated audio
or visual media, including content distributed as part
of a Federal election activity, distributed in
violation of this section may bring an action for
general or special damages against the person,
committee, or other entity that distributed the
materially deceptive AI-generated audio or visual
media.</DELETED>
<DELETED> ``(B) Attorney's fees and costs.--In
addition to any damages awarded under subparagraph (A),
the court may also award a prevailing party reasonable
attorney's fees and costs.</DELETED>
<DELETED> ``(C) Rule of construction.--Nothing in
this paragraph shall be construed to limit or preclude
a plaintiff from securing or recovering any other
available remedy.</DELETED>
<DELETED> ``(3) Burden of proof.--In any civil action
alleging a violation of this section, the plaintiff shall bear
the burden of establishing the violation through clear and
convincing evidence.''.</DELETED>
<DELETED> (b) Effect on Defamation Action.--For purposes of an
action for defamation, a violation of section 325 of the Federal
Election Campaign Act of 1971, as added by subsection (a), shall
constitute defamation per se.</DELETED>
<DELETED> (c) Severability.--If any provision of this Act, or an
amendment made by this Act, or the application of such provision to any
person or circumstance, is held to be invalid, the remainder of this
Act, or an amendment made by this Act, or the application of such
provision to other persons or circumstances, shall not be
affected.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Elections from Deceptive AI
Act''.
SEC. 2. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE AI-
GENERATED AUDIO OR VISUAL MEDIA PRIOR TO ELECTION.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the
following new section:
``SEC. 325. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE AI-
GENERATED AUDIO OR VISUAL MEDIA.
``(a) Definitions.--In this section:
``(1) Covered individual.--The term `covered individual'
means a candidate for Federal office.
``(2) Deceptive ai-generated audio or visual media.--The
term `deceptive AI-generated audio or visual media' means an
image, audio, or video that--
``(A) is the product of artificial intelligence
technology that uses machine learning (including deep
learning models, natural learning processing, or any
other computational processing techniques of similar or
greater complexity), that--
``(i) merges, combines, replaces, or
superimposes content onto an image, audio, or
video, creating an image, audio, or video that
appears authentic; or
``(ii) generates an inauthentic image,
audio, or video that appears authentic; and
``(B) a reasonable person, having considered the
qualities of the image, audio, or video and the nature
of the distribution channel in which the image, audio,
or video appears--
``(i) would have a fundamentally different
understanding or impression of the appearance,
speech, or expressive conduct exhibited in the
image, audio, or video than that person would
have if that person were hearing or seeing the
unaltered, original version of the image,
audio, or video; or
``(ii) would believe that the image, audio,
or video accurately exhibits any appearance,
speech, or expressive conduct of a person who
did not actually exhibit such appearance,
speech, or expressive conduct.
``(3) Federal election activity.--The term `Federal
election activity' has the meaning given the term in section
301(20)(A)(iii).
``(b) Prohibition.--Except as provided in subsection (c), a person,
political committee, or other entity may not knowingly distribute
materially deceptive AI-generated audio or visual media in carrying out
a Federal election activity or of a covered individual for the purpose
of--
``(1) influencing an election; or
``(2) soliciting funds.
``(c) Inapplicability to Certain Entities.--This section shall not
apply to the following:
``(1) A radio or television broadcasting station, including
a cable or satellite television operator, programmer, or
producer, or a streaming service that broadcasts materially
deceptive AI-generated audio or visual media prohibited by this
section as part of a bona fide newscast, news interview, news
documentary, or on-the-spot coverage of bona fide news events,
if the broadcast clearly acknowledges through content or a
disclosure, in a manner that can be easily heard or read by the
average listener or viewer, that there are questions about the
authenticity of the materially deceptive AI-generated audio or
visual media.
``(2) A regularly published newspaper, magazine, or other
periodical of general circulation, including an internet or
electronic publication, that routinely carries news and
commentary of general interest, and that publishes materially
deceptive AI-generated audio or visual media prohibited under
this section, if the publication clearly states that the
materially deceptive AI-generated audio or visual media does
not accurately represent the speech or conduct of the covered
individual.
``(3) Materially deceptive AI-generated audio or visual
media that constitutes satire or parody.
``(d) Civil Action.--
``(1) Injunctive or other equitable relief.--
``(A) In general.--A covered individual whose voice
or likeness appears in, or who is the subject of, a
materially deceptive AI-generated audio or visual
media, including content distributed as part of a
Federal election activity, distributed in violation of
this section may seek injunctive or other equitable
relief prohibiting the distribution of materially
deceptive AI-generated audio or visual media in
violation of this section.
``(B) Precedence.--An action under this paragraph
shall be entitled to precedence in accordance with the
Federal Rules of Civil Procedure.
``(2) Damages.--
``(A) In general.--A covered individual whose voice
or likeness appears in, or who is the subject of, a
materially deceptive AI-generated audio or visual
media, including content distributed as part of a
Federal election activity, distributed in violation of
this section may bring an action for general or special
damages against the person, committee, or other entity
that distributed the materially deceptive AI-generated
audio or visual media.
``(B) Attorney's fees and costs.--In addition to
any damages awarded under subparagraph (A), the court
may also award a prevailing party reasonable attorney's
fees and costs.
``(C) Rule of construction.--Nothing in this
paragraph shall be construed to limit or preclude a
plaintiff from securing or recovering any other
available remedy.
``(3) Burden of proof.--In any civil action alleging a
violation of this section, the plaintiff shall bear the burden
of establishing the violation through clear and convincing
evidence.''.
(b) Severability.--If any provision of this Act, or an amendment
made by this Act, or the application of such provision to any person or
circumstance, is held to be invalid, the remainder of this Act, or an
amendment made by this Act, or the application of such provision to
other persons or circumstances, shall not be affected.
Calendar No. 388
118th CONGRESS
2d Session
S. 2770
_______________________________________________________________________
A BILL
To prohibit the distribution of materially deceptive AI-generated audio
or visual media relating to candidates for Federal office, and for
other purposes.
_______________________________________________________________________
May 15, 2024
Reported with an amendment