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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4674 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4674

To require transparency with respect to content and content provenance 
   information, to protect artistic content, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                July 11 (legislative day, July 10), 2024

Ms. Cantwell (for herself, Mrs. Blackburn, and Mr. Heinrich) introduced 
the following bill; which was read twice and referred to the Committee 
                on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
To require transparency with respect to content and content provenance 
   information, to protect artistic 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; TABLE OF CONTENTS.

    This Act may be cited as the ``Content Origin Protection and 
Integrity from Edited and Deepfaked Media Act of 2024''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) there is a lack of--
                    (A) visibility into how artificial intelligence 
                systems work;
                    (B) transparency regarding the information used to 
                train such systems; and
                    (C) consensus-based standards and practices to 
                guide the development and deployment of such systems;
            (2) it is becoming increasingly difficult to assess the 
        nature, origins, and authenticity of digital content that has 
        been generated or modified algorithmically;
            (3) these deficiencies negatively impact the public and, 
        particularly, the journalists, publishers, broadcasters, and 
        artists whose content is used to train these systems and is 
        manipulated to produce synthetic content and synthetically-
        modified content that competes unfairly in the digital 
        marketplace with covered content; and
            (4) the development and adoption of consensus-based 
        standards would mitigate these impacts, catalyze innovation in 
        this nascent industry, and put the United States in a position 
        to lead the development of artificial intelligence systems 
        moving forward.

SEC. 3. DEFINITIONS.

    In this title:
            (1) Artificial intelligence.--The term ``artificial 
        intelligence'' has the meaning given the term in section 5002 
        of the National Artificial Intelligence Initiative Act of 2020 
        (15 U.S.C. 9401).
            (2) Artificial intelligence blue-teaming.--The term 
        ``artificial intelligence blue-teaming'' means an effort to 
        conduct operational vulnerability evaluations and provide 
        mitigation techniques to entities who have a need for an 
        independent technical review of the security posture of an 
        artificial intelligence system.
            (3) Artificial intelligence red-teaming.--The term 
        ``artificial intelligence red-teaming'' means structured 
        adversarial testing efforts of an artificial intelligence 
        system to identify risks, flaws, and vulnerabilities of the 
        artificial intelligence system, such as harmful outputs from 
        the system, unforeseen or undesirable system behaviors, 
        limitations, or potential risks associated with the misuse of 
        the system.
            (4) Content provenance information.--The term ``content 
        provenance information'' means state-of-the-art, machine-
        readable information documenting the origin and history of a 
        piece of digital content, such as an image, a video, audio, or 
        text.
            (5) Covered content.--The term ``covered content'' means a 
        digital representation, such as text, an image, or audio or 
        video content, of any work of authorship described in section 
        102 of title 17, United States Code.
            (6) Covered platform.--The term ``covered 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 either--
                    (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 12 months immediately 
                preceding any conduct by the covered platform in 
                violation of this Act.
            (7) Deepfake.--The term ``deepfake'' means synthetic 
        content or synthetically-modified content that--
                    (A) appears authentic to a reasonable person; and
                    (B) creates a false understanding or impression.
            (8) Director.--The term ``Director'' means the Under 
        Secretary of Commerce for Intellectual Property and Director of 
        the United States Patent and Trademark Office.
            (9) Synthetic content.--The term ``synthetic content'' 
        means information, including works of human authorship such as 
        images, videos, audio clips, and text, that has been wholly 
        generated by algorithms, including by artificial intelligence.
            (10) Synthetically-modified content.--The term 
        ``synthetically-modified content'' means information, including 
        works of human authorship such as images, videos, audio clips, 
        and text, that has been significantly modified by algorithms, 
        including by artificial intelligence.
            (11) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Commerce for Standards and Technology.
            (12) Watermarking.--The term ``watermarking'' means the act 
        of embedding information that is intended to be difficult to 
        remove into an output, including an output such as text, an 
        image, an audio, a video, software code, or any other digital 
        content or data, for the purposes of verifying the authenticity 
        of the output or the identity or characteristics of its 
        provenance, modifications, or conveyance

SEC. 4. FACILITATION OF DEVELOPMENT OF STANDARDS FOR CONTENT PROVENANCE 
              INFORMATION AND DETECTION OF SYNTHETIC CONTENT AND 
              SYNTHETICALLY-MODIFIED CONTENT.

    (a) In General.--The Under Secretary shall establish a public-
private partnership to facilitate the development of standards 
regarding content provenance information technologies and the detection 
of synthetic content and synthetically-modified content, including with 
respect to the following:
            (1) Facilitating the development of guidelines and 
        voluntary, consensus-based standards and best practices for 
        watermarking, content provenance information, synthetic content 
        and synthetically-modified content detection, including for 
        images, audio, video, text, and multimodal content, the use of 
        data to train artificial intelligence systems, and such other 
        matters relating to transparency of synthetic media as the 
        Under Secretary considers appropriate.
            (2) Facilitating the development of guidelines, metrics, 
        and practices to evaluate and assess tools to detect and label 
        synthetic content, synthetically-modified content, and non-
        synthetic content, including artificial intelligence red-
        teaming and artificial intelligence blue-teaming.
            (3) Establishing grand challenges and prizes in 
        coordination with the Defense Advanced Research Projects Agency 
        and the National Science Foundation to detect and label 
        synthetic content, synthetically-modified content, and non-
        synthetic content and to develop cybersecurity and other 
        countermeasures to defend against tampering with detection 
        tools, watermarks, or content provenance information.
    (b) Consultation.--In developing the standards described in 
subsection (a), the Under Secretary shall consult with the Register of 
Copyrights and the Director.

SEC. 5. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY RESEARCH, 
              DEVELOPMENT, AND PUBLIC EDUCATION REGARDING SYNTHETIC 
              CONTENT AND SYNTHETICALLY-MODIFIED CONTENT.

    (a) Research and Development.--The Under Secretary shall carry out 
a research program to enable advances in measurement science, 
standards, and testing relating to the robustness and efficacy of--
            (1) technologies for synthetic content and synthetically-
        modified content detection, watermarking, and content 
        provenance information; and
            (2) cybersecurity protections and other countermeasures 
        used to prevent tampering with such technologies.
    (b) Public Education Campaigns Regarding Synthetic Content.--Not 
later than 1 year after the date of enactment of this Act, the Under 
Secretary shall, in consultation with the Register of Copyrights and 
the Director, carry out a public education campaign regarding synthetic 
content and synthetically-modified content (including deepfakes), 
watermarking, and content provenance information.

SEC. 6. REQUIREMENTS FOR CONTENT PROVENANCE INFORMATION; PROHIBITED 
              ACTS.

    (a) Content Provenance Information.--
            (1) Synthetic content and synthetically-modified content.--
        Beginning on the date that is 2 years after the date of 
        enactment of this Act, any person who, for a commercial 
        purpose, makes available in interstate commerce a tool used for 
        the primary purpose of creating synthetic content or 
        synthetically-modified content shall--
                    (A) taking into consideration the content 
                provenance information standards established under 
                section 4, provide users of such tool with the ability 
                to include content provenance information that 
                indicates the piece of digital content is synthetic 
                content or synthetically-modified content for any 
                synthetic content or synthetically-modified content 
                created by the tool; and
                    (B) in the event a user opts to include content 
                provenance information under subparagraph (A), 
                establish, to the extent technically feasible, 
                reasonable security measures to ensure that such 
                content provenance information is machine-readable and 
                not easily removed, altered, or separated from the 
                underlying content.
            (2) Covered content.--Beginning on the date that is 2 years 
        after the date of enactment of this Act, any person who, for a 
        commercial purpose, makes available in interstate commerce a 
        tool used for the primary purpose of creating or substantially 
        modifying covered content shall--
                    (A) taking into consideration the content 
                provenance information standards established under 
                section 4, provide users of such tool with the ability 
                to include content provenance information for any 
                covered content created or significantly modified by 
                the tool; and
                    (B) in the event a user opts to include content 
                provenance information under subparagraph (A), 
                establish, to the extent technically feasible, 
                reasonable security measures to ensure that such 
                content provenance information is machine-readable and 
                not easily removed, altered, or separated from the 
                underlying content.
    (b) Removal of Content Provenance Information.--
            (1) In general.--It shall be unlawful for any person to 
        knowingly remove, alter, tamper with, or disable content 
        provenance information in furtherance of an unfair or deceptive 
        act or practice in or affecting commerce.
            (2) Covered platforms.--
                    (A) In general.--Subject to subparagraph (B), it 
                shall be unlawful for a covered platform, to remove, 
                alter, tamper with, or disable content provenance 
                information or to separate the content provenance 
                information from the content so that the content 
                provenance information cannot be accessed by users of 
                the platform.
                    (B) Exception for security research.--A covered 
                platform shall not be liable for a violation of 
                subparagraph (A) if such covered platform removes, 
                alters, tampers with, or disables content provenance 
                information for a purpose necessary, proportionate, and 
                limited to perform research to enhance the security of 
                the covered platform.
    (c) Prohibition on Non-Consensual Use of Covered Content That Has 
Attached or Associated Content Provenance Information.--It shall be 
unlawful for any person, for a commercial purpose, to knowingly use any 
covered content that has content provenance information that is 
attached to or associated with such covered content or covered content 
from which the person knows or should know that content provenance 
information has been removed or separated in violation of subsection 
(b), in order to train a system that uses artificial intelligence or an 
algorithm or to generate synthetic content or synthetically-modified 
content unless such person obtains the express, informed consent of the 
person who owns the covered content, and complies with any terms of use 
pertaining to the use of such content, including terms regarding 
compensation for such use, as required by the owner of copyright in 
such content.

SEC. 7. ENFORCEMENT.

    (a) Enforcement by the Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        this Act or a regulation promulgated under this Act shall be 
        treated as a violation of a rule defining an unfair or 
        deceptive act or practice prescribed under section 18(a)(1)(B) 
        of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Powers of the commission.--
                    (A) In general.--The Commission shall enforce this 
                Act 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 title.
                    (B) Privileges and immunities.--Any person who 
                violates this Act, or a regulation promulgated under 
                this Act shall be subject to the penalties and entitled 
                to the privileges and immunities provided in the 
                Federal Trade Commission Act (15 U.S.C. 41 et seq.).
                    (C) Authority preserved.--Nothing in this Act shall 
                be construed to limit the authority of the Commission 
                under any other provision of law.
    (b) Enforcement by States.--
            (1) In general.--In any case in which the attorney general 
        of a State has reason to believe that an interest of the 
        residents of the State has been or is threatened or adversely 
        affected by the engagement of any person in a practice that 
        violates this Act, the attorney general of the State may, as 
        parens patriae, bring a civil action on behalf of the residents 
        of the State in an appropriate district court of the United 
        States to--
                    (A) enjoin further violation of this Act by such 
                person;
                    (B) compel compliance with this Act;
                    (C) obtain damages, restitution, or other 
                compensation on behalf of such residents; and
                    (D) obtain such other relief as the court may 
                consider to be appropriate.
            (2) Rights of the commission.--
                    (A) Notice to the commission.--
                            (i) In general.--Except as provided in 
                        clause (iii), the attorney general of a State 
                        shall notify the Commission in writing that the 
                        attorney general intends to bring a civil 
                        action under paragraph (1) before initiating 
                        the civil action.
                            (ii) Contents.--The notification required 
                        by clause (i) with respect to a civil action 
                        shall include a copy of the complaint to be 
                        filed to initiate the civil action.
                            (iii) Exception.--If it is not feasible for 
                        the attorney general of a State to provide the 
                        notification required by clause (i) before 
                        initiating a civil action under paragraph (1), 
                        the attorney general shall notify the 
                        Commission immediately upon instituting the 
                        civil action.
                    (B) Intervention by the commission.--The Commission 
                may--
                            (i) intervene in any civil action brought 
                        by the attorney general of a State under 
                        paragraph (1); and
                            (ii) upon intervening--
                                    (I) be heard on all matters arising 
                                in the civil action; and
                                    (II) file petitions for appeal of a 
                                decision in the civil action.
            (3) Investigatory powers.--Nothing in this subsection may 
        be construed to prevent the attorney general of a State from 
        exercising the powers conferred on the attorney general by the 
        laws of the State to conduct investigations, to administer 
        oaths or affirmations, or to compel the attendance of witnesses 
        or the production of documentary or other evidence.
            (4) Action by the commission.--If the Commission institutes 
        a civil action or an administrative action with respect to a 
        violation of this Act, the attorney general of a State may not, 
        during the pendency of such action, bring a civil action under 
        paragraph (1) against any defendant named in the complaint of 
        the Commission for the violation with respect to which the 
        Commission instituted such action.
            (5) Venue; service or process.--
                    (A) Venue.--Any action brought under paragraph (1) 
                may be brought in--
                            (i) the district court of the United States 
                        that meets applicable requirements relating to 
                        venue under section 1391 of title 28, United 
                        States Code; or
                            (ii) another court of competent 
                        jurisdiction.
                    (B) Service of process.--In an action brought under 
                paragraph (1), process may be served in any district in 
                which the defendant--
                            (i) is an inhabitant; or
                            (ii) may be found.
            (6) Actions by other state officials.--
                    (A) In general.--In addition to civil actions 
                brought by attorneys general under paragraph (1), any 
                other officer of a State who is authorized by the State 
                to do so may bring a civil action under paragraph (1), 
                subject to the same requirements and limitations that 
                apply under this subsection to civil actions brought by 
                attorneys general.
                    (B) Savings provision.--Nothing in this subsection 
                may be construed to prohibit an authorized official of 
                a State from initiating or continuing any proceeding in 
                a court of the State for a violation of any civil or 
                criminal law of the State.
            (7) Damages.--If a person brings a civil action for a 
        violation of this Act pursuant to subsection (c) and receives 
        any monetary damages, the court shall reduce the amount of any 
        damages awarded under this subsection by the amount of monetary 
        damages awarded to such person.
    (c) Enforcement by Private Parties and Government Entities.--
            (1) In general.--Any person who owns covered content that 
        has content provenance information that is attached to or 
        associated with such covered content may bring a civil action 
        in a court of competent jurisdiction against--
                    (A) any person or covered platform for removing, 
                altering, tampering with, or disabling such content 
                provenance information in violation of subsection 
                (b)(1) or (b)(2) of section 6; and
                    (B) any person for using such covered content in 
                violation of section 6(c).
            (2) Relief.--In a civil action brought under paragraph (1) 
        in which the plaintiff prevails, the court may award the 
        plaintiff declaratory or injunctive relief, compensatory 
        damages, and reasonable litigation expenses, including a 
        reasonable attorney's fee.
            (3) Statute of limitations.--An action for a violation of 
        this Act brought under this subsection may be commenced not 
        later than 4 years after the date upon which the plaintiff 
        discovers or should have discovered the facts giving rise to 
        such violation.

SEC. 8. RULE OF CONSTRUCTION.

    This Act does not impair or in any way alter the rights of 
copyright owners under any other applicable law.

SEC. 9. SEVERABILITY.

    If any provision of this Act, or an amendment made by this Act, is 
determined to be unenforceable or invalid, the remaining provisions of 
this Act and the amendments made by this Act shall not be affected.
                                 <all>
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