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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7766 Introduced in House (IH)]

<DOC>

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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