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                                                      Calendar No. 197
                                                      
116th Congress }                                              { Report
                                 SENATE
 1st Session   }                                              { 116-93
_______________________________________________________________________


                      DEEPFAKE REPORT ACT OF 2019

                               __________

                              R E P O R T

                                 OF THE

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              TO ACCOMPANY

                                S. 2065

  TO REQUIRE THE SECRETARY OF HOMELAND SECURITY TO PUBLISH AN ANNUAL 
    REPORT ON THE USE OF DEEPFAKE TECHNOLOGY, AND FOR OTHER PURPOSES


             [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               September 10, 2019.--Ordered to be printed
               
                                 ________
                       
                    U.S. GOVERNMENT PUBLISHING OFFICE
               
89-010                       WASHINGTON: 2019
_____________________________________________________________________________
               
               
               
               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio                    GARY C. PETERS, Michigan
RAND PAUL, Kentucky                  THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma             MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah                    KAMALA D. HARRIS, California
RICK SCOTT, Florida                  KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming             JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri

                Gabrielle D'Adamo Singer, Staff Director
                   Joseph C. Folio III, Chief Counsel
 Michelle D. Woods, Co-Director and Chief Policy Advisor for Homeland 
                                Security
               David M. Weinberg, Minority Staff Director
               Zachary I. Schram, Minority Chief Counsel
              Michelle M. Benecke, Minority Senior Counsel
                  Jeffrey D. Rothblum, Minority Fellow
                     Laura W. Kilbride, Chief Clerk
                     
                     
                     
                                                     Calendar No. 197
116th Congress }                                             { Report
                                 SENATE
 1st Session   }                                             { 116-93

======================================================================

 
                      DEEPFAKE REPORT ACT OF 2019

                                _______
                                

               September 10, 2019.--Ordered to be printed

                                _______
                                

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 2065]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 2065) to require 
the Secretary of Homeland Security to publish an annual report 
on the use of deepfake technology, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................1
III. Legislative History..............................................4
 IV. Section-by-Section Analysis......................................4
  V. Evaluation of Regulatory Impact..................................5
 VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Bill, as Reported............6

                         I. PURPOSE AND SUMMARY

    S. 2065, the Deepfake Report Act of 2019, requires the 
Secretary of Homeland Security to publish an annual report on 
the extent digital content forgery technologies, also known as 
deepfake technologies, are being used to weaken national 
security, undermine our nation's elections, and manipulate 
media.

                II. BACKGROUND AND NEED FOR LEGISLATION

    Advances in machine learning algorithms and artificial 
intelligence capabilities have accelerated the proliferation of 
digital content forgery technologies, commonly referred to as 
``deepfake technologies.''\1\ Deepfake technologies are used to 
manipulate audio, video or other media content and have the 
potential to be used to undermine national security, erode 
public trust in our democracy and other nefarious reasons.\2\ 
As the software underpinning these technologies becomes easier 
to acquire and use, policy makers and national security experts 
are concerned that the continued dissemination of deepfake 
content across trusted media platforms could increasingly be 
used to dupe audiences and amplify false narratives about 
American cultural norms and interests domestically and 
abroad.\3\
---------------------------------------------------------------------------
    \1\Kristina Libby, This Bill Hader Deepfake Video is Amazing. It's 
Also Terrifying for Our Future, Popular Mechanics (Aug. 13, 2019), 
https://www.popularmechanics.com/technology/security/a28691128/
deepfake-technology/.
    \2\Id.
    \3\Cuihua Shen, Mona Kasra, Wenjing Pan, Grace A. Bassett, Yining 
Malloch, and James F. O'Brien, Fake Images: The Effects of Source, 
Intermediary, and Digital Media Literacy on Contextual Assessment of 
Image Credibility Online, New Media & Society, Vol. 21, 2:pg. 238-463, 
SAGE Publications (2018), available at http://graphics.berkeley.edu/
papers/Shen-FIT-2018-09/Shen-FIT-2018-09.pdf [hereinafter Fake Images], 
The National Security Challenges of Artificial Intelligence, 
Manipulated Media, and `Deepfakes': Hearing Before the U. S. House of 
Representatives, Permanent Select Committee on Intelligence, 116th 
Cong., (2019) [hereinafter HPSCI Hearing] (statement of Clint Watts).
---------------------------------------------------------------------------
    Doctored videos of high-profile politicians and Facebook 
founder Mark Zuckerberg are prime examples of the disturbing 
impacts of the use of digital content forgeries.\4\ The threat 
of weaponizing information, even without this powerful 
technology, becomes clear when considering the Russian 
influence campaigns carried out in recent U.S. elections.\5\ 
The Intelligence Community concluded that Russia's Internet 
Research Agency placed false social media advertisements and 
manipulated content across various highly trafficked and 
trusted media platforms leading up to the 2016 and 2018 mid-
term elections.\6\
---------------------------------------------------------------------------
    \4\Allyson Chiu, Facebook Wouldn't Delete An Altered Video of Nancy 
Pelsoi. What about one of Mark Zukerberg?, The Washington Post (June 
12, 2019), https://www.washingtonpost.com/nation/2019/06/12/mark-
zuckerberg-deepfake-facebook-instagram-nancy-pelosi/.
    \5\Susannah George, ``Deepfakes'' Called New Election Threat, With 
No Easy Fix, Associated Press (June 13, 2019), https://www.apnews.com/
4b8ec588bf5047a981bb6f7ac4acb5a7.
    \6\HPSCI Hearing, supra note 3; Madeline Purdue, Deepfake 2020: New 
Artificial Intelligence is Battling Altered Videos Before Elections, 
USA Today (Aug. 14, 2019), https://www.usatoday.com/story/tech/news/
2019/08/14/election-2020-company-campaigns-against-political-deepfake-
videos/2001940001/.
---------------------------------------------------------------------------
    In advance of the 2016 and 2018 mid-term elections, 
Facebook estimated that from January 2015 to August 2017, 
Russian-backed bots spread fabricated media content to about 
half of the 250 million eligible voters.\7\ Moreover, Twitter 
discovered approximately ``tens of thousands automated 
accounts'' linked directly to Russia.\8\ In an effort to limit 
the flow of disinformation on its platform, Twitter reportedly 
suspended more than 70 million accounts linked to Russian bots 
in May and June of 2018 and continued to do so throughout 
2018.\9\
---------------------------------------------------------------------------
    \7\Oren Etzioni, How Will We Prevent AI-Based Forgery, Harvard 
Business Review (March 1, 2019), https://hbr.org/2019/03/how-will-we-
prevent-ai-based-forgery.
    \8\Id.
    \9\Craig Timberg and Elizabeth Dwoskin, Twitter is Sweeping Out 
Fake Accounts Like Never Before, Putting User Growth at Risk, The 
Washing Post (July, 16, 2018), https://www.washingtonpost.com/
technology/2018/07/06/twitter-is-sweeping-out-fake-accounts-like-never-
before-putting-user-growth-risk/.
---------------------------------------------------------------------------
    As cyber-enabled warfare increasingly becomes the norm, 
national security experts warn that if the Federal Government 
does not take swift action to address persistent purveyors of 
information warfare, deepfake technologies will only continue 
to become more sophisticated and widely used in disinformation 
campaigns launched by our nation's foreign adversaries, most 
notably China and Russia.\10\ In June 2019, the U.S. House of 
Representatives Permanent Select Committee on Intelligence held 
a hearing entitled, ``The National Security Challenges of 
Artificial Intelligence, Manipulated Media, and 
`Deepfakes'''.\11\ During this hearing, witness Clint Watts, 
Distinguished Research Fellow, Foreign Policy Institute, stated 
that China and Russia will continue to use deepfake 
technologies to ``discredit domestic dissidents and foreign 
detractors, incite fear and promote conflict inside Western-
style democracies, and distort the reality of American 
audiences and audiences of American allies.''\12\ Mr. Watts 
further explained the dangers of the continued proliferation of 
deepfake technologies:
---------------------------------------------------------------------------
    \10\HPSCI Hearing, supra note 3 (statement of Clint Watts); Fake 
Images, supra note 3.
    \11\HPSCI Hearing, supra note 3.
    \12\Id. (statement of Clint Watts).

          Over the long term, deliberate development of false 
        synthetic media will target U.S. officials, 
        institutions and democratic processes with an enduring 
        goal of subverting democracy and demoralizing the 
        American constituency. In the near and short term, 
        circulation of ``Deepfakes'' may incite physical 
        mobilizations under false pretenses, initiate public 
        safety crises and spark the outbreak of violence. The 
        recent spate of false conspiracies proliferating via 
        WhatsApp in India offer a relevant example of how bogus 
        messages and media can fuel violence. The spread of 
        ``Deepfake'' capabilities will likely only increase the 
        frequency and intensity of such violent outbreaks.\13\
---------------------------------------------------------------------------
    \13\Id.

    Federal entities, such as Defense Advanced Research 
Projects Agency, and academic institutions are conducting 
research on how to identify doctored media and counter deepfake 
technologies.\14\ However, national security experts have 
identified a series of interim actions Congress and the private 
sector can take to counter the proliferation of deepfake media 
content and its adverse effects. Proposed actions to counter 
deepfake technologies and content include: implementing 
legislation prohibiting public figures from disseminating 
deepfake content, public-private partnerships to develop 
standards for content accountability, encouraging social media 
companies to develop digital signatures, and launching public 
awareness campaigns about deepfake content.\15\
---------------------------------------------------------------------------
    \14\Kristina Libby, This Bill Hader Deepfake Video is Amazing. It's 
Also Terrifying for Our Future, Popular Mechanics, (Aug. 13, 2019), 
https://www.popularmechanics.com/technology/security/a28691128/
deepfake-technology/.
    \15\Id.; HPSCI Hearing, supra note 3 (statement of Clint Watts); 
Fake Images, supra note 3.
---------------------------------------------------------------------------
    The Federal Government should proactively identity the 
tools and techniques used by our adversaries to develop 
deepfake technologies and content, and develop countermeasures 
and tools to identify and counter deepfake content.
    S. 2065 requires the Department of Homeland Security, in 
coordination with other Federal agencies, to develop a report 
on the use of digital content forgery technologies, and 
recommend actions and identify countermeasures to mitigate the 
impacts of these technologies on national security. The report 
is to include, among other things, an assessment of the 
technologies used to create or propagate digital content 
forgeries, a description of the types of digital content 
forgeries, how such technologies are being or could be used to 
undermine national security, and a description of the 
technological countermeasures that are, or could be, used to 
address concerns with digital content forgeries. In addition, 
the Secretary may consult with other Federal agencies and 
conduct public hearings to gather relevant information to 
assist with the production of the report.
    The first report is due one year after the bill's 
enactment, and annually thereafter for five years. The report 
is to be provided in unclassified form, but may include a 
classified annex. Existing information and public disclosure 
exemptions under the Freedom of Information Act apply to the 
reports required by this bill. The bill also includes an 
exemption from the Paperwork Reduction Act.

                        III. LEGISLATIVE HISTORY

    S. 2065, the Deepfake Report Act of 2019, was introduced on 
July 09, 2019, by Senator Rob Portman. Senators Martin 
Heinrich, Brian Schatz, Cory Gardner, Mike Rounds, Joni Ernst, 
and Gary Peters cosponsored the bill. Senator Margaret Wood 
Hassan later joined as a cosponsor. The bill was referred to 
the Committee on Homeland Security and Governmental Affairs.
    The Committee considered S. 2065 at a business meeting on 
July 24, 2019. During the business meeting, a substitute 
amendment by Senator Portman was offered and adopted. The 
substitute amendment added language to include a sunset 
provision, limit the scope of the report to ways that deepfakes 
are used to commit fraud, cause harm, and violate federal civil 
rights, and clarify applicability of Freedom of Information Act 
and Paperwork Reduction Act requirements. Both the amendment 
and the legislation as modified were passed by voice vote en 
bloc with Senators Johnson, Portman, Paul, Lankford, Romney, 
Scott, Enzi, Hawley, Peters, Carper, Hassan, Sinema, and Rosen 
present.

        IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Section 1. Short title

    This section establishes the short title of the bill as the 
``Deepfake Report Act of 2019.''

Section 2. Definitions

    This section defines ``digital content forgery'' as the use 
of emerging technologies, including artificial intelligence and 
machine learning techniques, to fabricate or manipulate audio, 
visual, or text content with the intent to mislead. This 
section defines ``Secretary'' as the Secretary of Homeland 
Security.

Section 3. Reports on digital content forgery technology

    Subsection (a) requires the Secretary, acting through the 
Under Secretary for Science and Technology to produce a report 
on the state of digital content forgery technology. The report 
is to be provided one year after the enactment of the Act, and 
annually thereafter for five years.
    Subsection (b) specifies the required contents of the 
report. The report is to include: an assessment of the 
technologies used to create or propagate digital content 
forgeries; a description of the types of digital content 
forgeries, including those used to commit fraud, to cause harm, 
or to violate civil rights; and an assessment of how foreign 
governments, and their proxies and networks, use or could use 
digital content forgeries to undermine national security; an 
assessment of deep learning technologies used to generate 
deepfakes to commit fraud, cause harm, or violate civil rights; 
an analysis of the effectiveness of methods used to identify 
deep fakes; and, recommendations for employing methods to 
identify deepfakes as well as effective public warning methods 
for specific content. The report should also include, among 
other things as deemed appropriate by the Secretary, a 
description of the technological countermeasures that are, or 
could be, used to address concerns with digital content 
forgeries.
    Subsection (c) allows the Secretary to consult with any 
other Federal agency or other interested parties and conduct 
public hearings to gather information and advice relevant to 
complete the reports required by this bill.
    Subsection (d) stipulates that the reports should be 
unclassified, but may contain a classified annex.
    Subsection (e) states that information used to produce the 
reports required by this bill that are exempt from the 
requirements under section 552 of title 5, United States Code 
(commonly known as the ``Freedom of Information Act'') are to 
remain exempt.
    Subsection (f) states that the reports required by this 
bill are exempt from Subchapter I of chapter 35 of title 44, 
United States Code (commonly known as the ``Paperwork Reduction 
Act'').

                   V. EVALUATION OF REGULATORY IMPACT

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 16, 2019.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2065, the Deepfake 
Report Act of 2019.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Aldo 
Prosperi.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

         
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    S. 2065 would require the Department of Homeland Security 
(DHS) to submit five annual reports to the Congress on digital 
content forgeries, also known as ``deepfakes.'' Such forgeries 
manipulate digital content, such as videos, with the intent to 
mislead the viewer. The bill would require DHS to assess the 
use of digital content forgeries by foreign entities and 
evaluate available methods of detecting and mitigating such 
threats.
    On the basis of information from DHS and considering 
information about similar reporting requirements, CBO estimates 
that enacting S. 2065 would cost less than $500,000 over the 
2019-2024 period. Such spending would be subject to 
availability of appropriated funds.
    The CBO staff contact for this estimate is Aldo Prosperi. 
The estimate was reviewed by Leo Lex, Deputy Assistant Director 
for Budget Analysis.

       VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    Because S. 1151 would not repeal or amend any provision of 
current law, it would make no changes in existing law within 
the meaning of clauses (a) and (b) of paragraph XXVI of the 
Standing Rules of the Senate.