II 

118TH CONGRESS 

1ST SESSION S. 2765 

To require a watermark for AI-generated materials, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 12, 2023 

Mr. RICKETTS introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To require a watermark for AI-generated materials, and for 

other purposes. 

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 ‘‘Advisory for AI-Gen5 erated Content Act’’. 

6 SEC. 2. WATERMARKS ON AI-GENERATED MATERIALS. 

7 (a) IN GENERAL.— 

8 (1) WATERMARK REQUIREMENT.—It shall be 

9 unlawful for an AI-generating entity to create cov10 ered AI-generated material unless such material inVerDate Sep 11 2014 18:39 Sep 13, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2765.IS S2765

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1 cludes a watermark that meets the standards estab2 lished by the Commission under paragraph (2). 

3 (2) STANDARDS FOR AI WATERMARKS.—Not 

4 later than 180 days after the date of enactment of 

5 this section, the Commission, in consultation with 

6 the Federal Communications Commission, the Attor7 ney General, and the Secretary of Homeland Secu8 rity, shall issue regulations to establish standards 

9 for the watermarks required under paragraph (1). 

10 (3) EFFECTIVE DATE.—The requirement estab11 lished under paragraph (1) shall take effect on the 

12 date that is 1 year after the date on which the Com13 mission promulgates the regulations required under 

14 paragraph (2). 

15 (b) ENFORCEMENT.— 

16 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC17 TICES.—A violation of this section or a regulation 

18 promulgated thereunder shall be treated as a viola19 tion of a rule defining an unfair or deceptive act or 

20 practice under section 18(a)(1)(B) of the Federal 

21 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 

22 (2) POWERS OF THE COMMISSION.— 

23 (A) IN GENERAL.—The Commission shall 

24 enforce this section in the same manner, by the 

25 same means, and with the same jurisdiction, 


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1 powers, and duties as though all applicable 

2 terms and provisions of the Federal Trade 

3 Commission Act (15 U.S.C. 41 et seq.) were in4 corporated into and made a part of this Act. 

5 (B) PRIVILEGES AND IMMUNITIES.—Any 

6 person who violates this section or a regulation 

7 promulgated thereunder shall be subject to the 

8 penalties and entitled to the privileges and im9 munities provided in the Federal Trade Com10 mission Act (15 U.S.C. 41 et seq.). 

11 (C) AUTHORITY PRESERVED.—Nothing in 

12 this section shall be construed to limit the au13 thority of the Commission under any other pro14 vision of law. 

15 (D) RULEMAKING.—The Commission shall 

16 promulgate in accordance with section 553 of 

17 title 5, United States Code, such rules as may 

18 be necessary to carry out this section. 

19 (c) DEFINITIONS.—In this section: 

20 (1) AI-GENERATING ENTITY.—The term ‘‘AI21 generating entity’’ means an entity that generates, 

22 creates, or otherwise produces AI-generated mate23 rial. 

24 (2) AI-GENERATED MATERIAL.—The term ‘‘AI25 generated material’’ means artificial intelligence 


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1 technology that can produce various types of con2 tent, including text, images, audio, or synthetic data. 

3 (3) COMMISSION.—The term ‘‘Commission’’ 

4 means the Federal Trade Commission. 

5 (4) COVERED AI-GENERATED MATERIAL.—The 

6 term ‘‘covered AI-generated material’’ means AI7 generated material that— 

8 (A) impersonates a specific individual or 

9 group of individuals; 

10 (B) is represented as original material by 

11 the AI-generating entity that produced the ma12 terial, including with respect to artwork, songs, 

13 or news media; or 

14 (C) meets such criteria as the Commission 

15 may establish. 

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