I 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Consumers 

5 from Deceptive AI Act’’. 

6 SEC. 2. FINDINGS. 

7 This Congress finds the following: 

8 (1) The majority of Americans consume most of 

9 their information online from social media platforms. 

10 A 2023 Pew Research survey found that a large ma11 jority of U.S. adults (86 percent) say they often or 

12 sometimes get news from a smartphone, computer or 

13 tablet, including 56 percent who say they do so 

14 often. 

15 (2) The increasing capabilities of generative ar16 tificial intelligence models has led to a marked in17 crease in the creation of convincing ‘‘deepfakes’’ and 

18 greater difficulty for everyday Americans in telling 

19 real and deepfake images, audio, and videos apart. 

20 A December 2022 study found participants were 

21 only 62 percent accurate when asked to determine 

22 whether images were deepfake or real, and even 

23 worse, that their self-reported confidence in their an24 swers was high, and unrelated to accuracy. 


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1 (3) Deepfakes create consumer deception issues, 

2 where persons can create ‘‘deepfake’’ images and 

3 videos to fool consumers about information related 

4 to products they may wish to purchase. Fake celeb5 rity endorsements of various products and scams 

6 have proliferated in the past year, including an ad 

7 in which a deepfake of famous actor Tom Hanks en8 dorsed a dental insurance plan. 

9 (4) The proliferation of deepfakes can also cre10 ate national security issues, such as a deepfake 

11 image of an explosion at the Pentagon that was 

12 shared widely last year and caused enough confusion 

13 that the stock market briefly dipped. 

14 (5) Deepfakes used in political advertising can 

15 also create confusion, such as when someone used an 

16 AI model that had been trained to replicate Presi17 dent Biden’s voice was used to make robocalls to 

18 voters in New Hampshire ahead of a primary elec19 tion, and provided false information intended to dis20 courage potential voters from voting in the election. 

21 As the Supreme Court found 8–1 in Citizens United 

22 v. Federal Election Commission, 558 U.S. 310 

23 (2010), the government has an interest in 

24 ‘‘ ‘insur[ing] that the voters are fully informed’ 

25 about the person or group who is speaking’’. 


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1 (6) Requiring deepfakes to be clearly labeled is 

2 important to protect consumers from deception, pro3 tect our national security, and to maintain an in4 formed electorate. 

5 SEC. 3. GUIDELINES TO FACILITATE DISTINGUISHING CON6 TENT GENERATED BY GENERATIVE ARTIFI7 CIAL INTELLIGENCE. 

8 (a) TASK FORCES FOR DEVELOPMENT OF GUIDE9 LINES AND PROMOTING STANDARDS.— 

10 (1) IN GENERAL.—Not later than 90 days after 

11 the date of the enactment of this Act, the Director 

12 of the National Institute of Standards and Tech13 nology shall establish task forces to accomplish the 

14 following goals: 

15 (A) Supporting the development of tech16 nical standards and guidelines to provide con17 tent provenance metadata, watermarking, dig18 ital fingerprinting for audio or visual content, 

19 and other technical measures that the task 

20 forces determine significant. To the extent tech21 nically feasible, such task forces should seek to 

22 make content provenance metadata cryp23 tographically verifiable, and to make water24 marks difficult to remove or obscure. 


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1 (B) Supporting the development of tech2 nical standards and guidelines to assist online 

3 application and content providers and operators 

4 in identifying and labeling audio or visual con5 tent created or substantially modified by gen6 erative artificial intelligence, including exploring 

7 interoperable standards that assist social media 

8 and other online platforms with identifying, 

9 maintaining, interpreting, and displaying water10 marks, digital fingerprinting, and secure con11 tent provenance metadata associated with audio 

12 or visual content, while considering circumven13 tion techniques and enforcement. 

14 (C) Supporting the development of tech15 nical standards and guidelines to identify and 

16 label text-based content created or substantially 

17 modified by generative artificial intelligence. 

18 Such support may include developing standards 

19 to embed content provenance data or metadata, 

20 watermarking, digital fingerprinting, or other 

21 technical measures when creating such content. 

22 (2) STANDARDS BODIES.—To the extent pos23 sible, the outcome and output of the task forces es24 tablished pursuant to paragraph (1) should inform 

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1 vate, consensus organizations, as referred to in sec2 tion 2 of the National Institute of Standards and 

3 Technology Act (15 U.S.C. 272) and OMB Circular 

4 A–119. 

5 (3) MEMBERSHIP.—The Director of the Na6 tional Institute of Standards and Technology shall 

7 include in the memberships of each of the task 

8 forces described in paragraph (1) appropriate rep9 resentatives of the following: 

10 (A) Relevant Federal agencies. 

11 (B) Developers of generative artificial in12 telligence technology. 

13 (C) Entities, including standards develop14 ment organizations, engaged in the development 

15 of content detection standards and technology, 

16 including authentication and traceability. 

17 (D) Social networking service providers 

18 and online instant messaging service providers. 

19 (E) Online search engine service providers. 

20 (F) Developers of web browsers and mobile 

21 operating systems. 

22 (G) Academic entities, civil society and ad23 vocacy groups, and other related entities, espe24 cially such entities and groups engaged in the 


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1 development or implementation of content de2 tection standards and technology. 

3 (H) Privacy advocates and experts. 

4 (I) Human rights lawyers and advocates 

5 with expertise in the effects of technology in 

6 countries around the world. 

7 (J) Media organizations, including news 

8 publishers and image providers. 

9 (K) Creator associations and organizations 

10 representing the interests of other copyright 

11 owners. 

12 (L) Artificial intelligence testing experts, 

13 such as those with privacy expertise in artificial 

14 intelligence red-teaming. 

15 (M) Technical experts in digital forensics, 

16 cryptography, and secure digital content and 

17 delivery. 

18 (N) Any other entity the Director deter19 mines appropriate. 

20 (4) DUTIES.— 

21 (A) SUBMISSION TO DIRECTOR.—Each of 

22 the task forces established pursuant to para23 graph (1) shall, not later than 270 days after 

24 the establishment of each such task force, sub25 mit to the Director of the National Institute of 


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1 Standards and Technology a report containing 

2 recommendations relating to the technical 

3 standards and guidelines each such task force is 

4 supporting. 

5 (B) SUBMISSION TO CONGRESS.—Each of 

6 the task forces established pursuant to para7 graph (1) shall, not later than one year after 

8 the establishment of each such task force and 

9 annually thereafter for five years, submit to the 

10 Committee on Science, Space, and Technology 

11 and the Committee on Energy and Commerce 

12 of the House of Representatives and the Com13 mittee on Commerce, Science, and Transpor14 tation of the Senate a report on the activities 

15 of such task force for the immediately preceding 

16 one year period. 

17 (5) PRIVACY.—The task forces established pur18 suant to paragraph (1) shall consider issuing guid19 ance for online service and application providers and 

20 operators to store and display content provenance 

21 data and metadata in a privacy-preserving manner, 

22 including clear guidance on how such providers and 

23 operators can indicate to users when such users are 

24 sharing content that contains content provenance 

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1 tained in the data and metadata such users are 

2 sharing, and provide options to limit the data and 

3 metadata such users are sharing that may have pri4 vacy implications. 

5 (b) INFORMING CONSUMERS OF CONTENT GEN6 ERATED BY ARTIFICIAL INTELLIGENCE.— 

7 (1) PROVIDERS OF GENERATIVE ARTIFICIAL IN8 TELLIGENCE APPLICATIONS.—A person who makes 

9 available to users a software application based on 

10 generative artificial intelligence technology shall— 

11 (A) ensure that audio or visual content 

12 created or substantially modified by such appli13 cation incorporates (as part of such content and 

14 in a manner that may or may not be perceptible 

15 by unaided human senses) a disclosure that— 

16 (i) is machine-readable; and 

17 (ii) acknowledges the generative artifi18 cial intelligence origin of such content; 

19 (B) establish and implement reasonable 

20 measures to prevent a disclosure described in 

21 subparagraph (A) from being removed or other22 wise tampered with; 

23 (C) collaborate with providers of covered 

24 online platforms to assist such providers in 


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1 identifying and accessing the information of dis2 closures described in subparagraph (A); and 

3 (D) ensure that such application makes 

4 available to users the ability to incorporate, 

5 within the metadata of content created or modi6 fied by such application, information regarding 

7 the generative artificial intelligence origin of 

8 such content, including tamper-evident informa9 tion regarding— 

10 (i) the name of such application; 

11 (ii) the name and version of the gen12 erative artificial intelligence model utilized 

13 by such application to create or modify 

14 such content; 

15 (iii) the date and time associated with 

16 the creation or modification of such con17 tent by such application; and 

18 (iv) the portion of such content that 

19 was created or modified by such applica20 tion. 

21 (2) PROVIDERS OF COVERED ONLINE PLAT22 FORMS.—A person who makes available for use a 

23 covered online platform— 

24 (A) shall clearly and conspicuously provide 

25 to a user of such platform, with respect to 


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1 audio or visual content accessed by such user 

2 through such platform that incorporates a dis3 closure described in paragraph (1)(A), the in4 formation included in such disclosure; and 

5 (B) may not, with respect to audio or vis6 ual content accessed by such user through such 

7 platform that incorporates a disclosure de8 scribed in paragraph (1)(A), remove such dis9 closure or any incorporated information de10 scribed in paragraph (1)(D). 

11 (3) REGULATIONS.— 

12 (A) IN GENERAL.—Not later than 2 years 

13 after the date of the enactment of this Act, the 

14 Commission shall promulgate regulations under 

15 section 553 of title 5, United States Code, to 

16 carry out this subsection. 

17 (B) CONSULTATION.—In carrying out sub18 paragraph (A), the Commission shall consult 

19 with the National Institute of Standards and 

20 Technology and the task forces established 

21 under subsection (a)(1). 

22 (4) ENFORCEMENT BY COMMISSION.— 

23 (A) UNFAIR OR DECEPTIVE ACTS OR PRAC24 TICES.—A violation of this subsection or a reg25 ulation promulgated under this subsection shall 


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1 be treated as a violation of a regulation under 

2 section 18(a)(1)(B) of the Federal Trade Com3 mission Act (15 U.S.C. 57a(a)(1)(B)) regarding 

4 unfair or deceptive acts or practices. 

5 (B) POWERS OF COMMISSION.—The Com6 mission shall enforce this subsection and the 

7 regulations promulgated under this subsection 

8 in the same manner, by the same means, and 

9 with the same jurisdiction, powers, and duties 

10 as though all applicable terms and provisions of 

11 the Federal Trade Commission Act (15 U.S.C. 

12 41 et seq.) were incorporated into and made a 

13 part of this Act. Any person who violates such 

14 subsection or a regulation promulgated under 

15 such subsection shall be subject to the penalties 

16 and entitled to the privileges and immunities 

17 provided in the Federal Trade Commission Act. 

18 (C) AUTHORITY PRESERVED.—Nothing in 

19 this subsection may be construed to limit the 

20 authority of the Commission under any other 

21 provision of law. 

22 (5) EFFECTIVE DATE.—Paragraphs (1) and (2) 

23 of this subsection shall take effect on the date that 

24 is 90 days after the date on which the regulations 

25 promulgated under paragraph (3) take effect. 


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1 (6) SAFE HARBORS.— 

2 (A) IN GENERAL.—A person who makes 

3 available for use a generative artificial intel4 ligence application or a covered online platform 

5 may satisfy the requirements of this subsection 

6 (including regulations promulgated under this 

7 subsection) by following self-regulatory guide8 lines that are approved by the Commission 

9 under subparagraph (B). 

10 (B) SELF-REGULATORY GUIDELINES.— 

11 (i) INCENTIVES.—In promulgating 

12 regulations under this subsection, the 

13 Commission may provide incentives for 

14 self-regulation. 

15 (ii) DEEMED COMPLIANCE.—Incen16 tives described in clause (i) shall include 

17 provisions for ensuring that a person will 

18 be deemed to be in compliance with the re19 quirements of this subsection (including 

20 regulations promulgated under this sub21 section) if that person complies with guide22 lines that, after provision of notice and an 

23 opportunity for comment, are approved by 

24 the Commission upon a determination that 

25 such guidelines satisfy the requirements of 


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1 this subsection (including regulations pro2 mulgated under this subsection). 

3 (iii) EXPEDITED RESPONSE TO RE4 QUESTS.—The Commission shall act upon 

5 a request for approval of guidelines under 

6 this paragraph not later than 180 days 

7 after the date on which such request is 

8 filed and shall set forth in writing conclu9 sions with regard to such request. 

10 (C) APPEALS.—Final action by the Com11 mission on a request for approval of guidelines 

12 under this paragraph, or the failure to act with13 in the time period described in subparagraph 

14 (B)(iii), may be appealed to a district court of 

15 the United States of appropriate jurisdiction as 

16 provided for in section 706 of title 5, United 

17 States Code. 

18 (7) PRIVACY AND INTEROPERABILITY.—The 

19 Commission shall consider privacy concerns and the 

20 interoperability of standards when promulgating reg21 ulations under paragraph (3) and considering the 

22 approval of guidelines under paragraph (6). 

23 (c) DEFINITIONS.—In this section: 


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1 (1) AUDIO OR VISUAL CONTENT.—The term 

2 ‘‘audio or visual content’’ means content in the form 

3 of a digital image, a video, or audio. 

4 (2) COMMISSION.—The term ‘‘Commission’’ 

5 means the Federal Trade Commission. 

6 (3) CONTENT PROVENANCE.—The term ‘‘con7 tent provenance’’ means the chronology of the origin 

8 and history associated with digital content. 

9 (4) COVERED ONLINE PLATFORM.—The term 

10 ‘‘covered online platform’’ means a website, internet 

11 application, or mobile application available to users 

12 in the United States, including a social networking 

13 site, video sharing service, search engine, or content 

14 aggregation service available to users in the United 

15 States, that— 

16 (A) generates at least $50,000,000 in an17 nual revenue; or 

18 (B) had at least 25,000,000 monthly active 

19 users for not fewer than 3 of the preceding 12 

20 months. 

21 (5) DIGITAL FINGERPRINTING.—The term 

22 ‘‘digital fingerprinting’’ means the process by which 

23 an identifier is derived from a piece of digital con24 tent and stored in a database, for the purpose of 


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1 identifying, matching against, or verifying such con2 tent, or similar content, at a later date. 

3 (6) GENERATIVE ARTIFICIAL INTELLIGENCE.— 

4 The term ‘‘generative artificial intelligence’’ means 

5 the class of models and algorithms that use deep 

6 learning algorithms or other statistical techniques to 

7 generate new data that has similar characteristics 

8 and properties to the data with respect to which 

9 such models and algorithms have been trained, in10 cluding any form of digital content. 

11 (7) MACHINE-READABLE.—The term ‘‘machine12 readable’’ has the meaning given such term in sec13 tion 3502 of title 44, United States Code. 

14 (8) METADATA.—The term ‘‘metadata’’ has the 

15 meaning given such term in section 3502 of title 44, 

16 United States Code. 

17 (9) WATERMARKING.—The term 

18 ‘‘watermarking’’ means the act of embedding tam19 per-resistant information into digital content (per20 ceptibly or imperceptibly) which may be used to es21 tablish some aspect or aspects of the content prove22 nance of the content or to store reference informa23 tion. 

Æ 


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