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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5586 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 5586

  To protect national security against the threats posed by deepfake 
    technology and to provide legal recourse to victims of harmful 
                               deepfakes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2023

   Ms. Clarke of New York (for herself and Mr. Ivey) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committees on Energy and Commerce, and Homeland 
Security, 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 protect national security against the threats posed by deepfake 
    technology and to provide legal recourse to victims of harmful 
                               deepfakes.

    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 ``Defending Each and Every Person from 
False Appearances by Keeping Exploitation Subject to Accountability Act 
of 2023'' or the ``DEEPFAKES Accountability Act''.

SEC. 2. TRANSPARENCY REQUIREMENTS.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1041. Advanced technological false personation record
    ``(a) In General.--Except as provided in subsection (j), any person 
who, using any means or facility of interstate or foreign commerce, 
produces an advanced technological false personation record with the 
intent to distribute such record over the internet or knowledge that 
such record shall be so distributed, shall ensure such record, complies 
with--
            ``(1) the requirement under subsection (b); and
            ``(2)(A) in the case of an audiovisual record, the 
        disclosure requirements under subsection (c);
            ``(B) in the case of a visual record, the disclosure 
        requirements under subsection (d); or
            ``(C) in the case of an audio record, the disclosure 
        requirements under subsection (e).
    ``(b) Content Provenance.--Any advanced technological false 
personation record which contains a moving visual element shall contain 
technologies, such as content provenance technologies, that clearly 
identify such record as containing altered audio or visual elements, or 
as having been entirely created through generative artificial 
intelligence or similar technologies.
    ``(c) Audiovisual Disclosure.--Any advanced technological false 
personation records containing both an audio and a visual element shall 
include--
            ``(1) not less than 1 clearly articulated verbal statement 
        that identifies the record as containing altered audio and 
        visual elements, and a concise description of the extent of 
        such alteration;
            ``(2) an unobscured written statement in clearly readable 
        text appearing at the bottom of the image throughout the 
        duration of the visual element that identifies the record as 
        containing altered audio and visual elements, and a concise 
        description of the extent of such alteration; and
            ``(3) a link, icon, or similar tool to signal that the 
        content has been altered by, or is product of, generative 
        artificial intelligence or similar technology.
    ``(d) Visual Disclosure.--Any advanced technological false 
personation records exclusively containing a visual element shall 
include an unobscured written statement in clearly readable text 
appearing at the bottom of the image throughout the duration of the 
visual element that identifies the record as containing altered visual 
elements, and either--
            ``(1) a concise description of the extent of such 
        alteration; or
            ``(2) a clearly visible link, icon, or similar tool to 
        signal that the content has been altered by, or is the product 
        of, generative artificial intelligence or similar technology.
    ``(e) Audio Disclosure.--Any advanced technological false 
personation records exclusively containing an audio element shall 
include, at the beginning of such record, a clearly articulated verbal 
statement that identifies the record as containing altered audio 
elements and a concise description of the extent of such alteration, 
and in the event such record exceeds two minutes in length, not less 
than 1 additional clearly articulated verbal statement and additional 
concise description at some interval during each two-minute period 
thereafter.
    ``(f) Penalty.--
            ``(1) Criminal penalty.--
                    ``(A) Failure to disclose.--Whoever knowingly fails 
                to comply with the requirements under subsection (a)--
                            ``(i) with the intent to humiliate or 
                        otherwise harass the person falsely exhibited, 
                        provided the advanced technological false 
                        personation record contains sexual content of a 
                        visual nature and appears to feature such 
                        person engaging in such sexual acts or in a 
                        state of nudity;
                            ``(ii) with the intent to cause violence or 
                        physical harm, incite armed or diplomatic 
                        conflict, or interfere in an official 
                        proceeding, including an election, provided the 
                        advanced technological false personation record 
                        did in fact pose a credible threat of 
                        instigating or advancing such;
                            ``(iii) in the course of criminal conduct 
                        related to fraud, including securities fraud 
                        and wire fraud, false personation, or identity 
                        theft; or
                            ``(iv) by a foreign power, or an agent 
                        thereof, with the intent of influencing a 
                        domestic public policy debate, interfering in a 
                        Federal, State, local, or territorial election, 
                        or engaging in other acts which such power may 
                        not lawfully undertake;
                shall be fined under this title, imprisoned for not 
                more than 5 years, or both.
                    ``(B) Altering disclosures.--Whoever knowingly 
                alters an advanced technological false personation 
                record to remove or meaningfully obscure the 
                disclosures required under subsection (a) with the 
                intent to distribute such altered record and--
                            ``(i) with the intent to humiliate or 
                        otherwise harass the person falsely exhibited, 
                        provided the advanced technological false 
                        personation record contains sexual content of a 
                        visual nature and appears to feature such 
                        person engaging in such sexual acts or in a 
                        state of nudity;
                            ``(ii) with the intent to cause violence or 
                        physical harm, incite armed or diplomatic 
                        conflict, or interfere in an official 
                        proceeding, including an election, provided the 
                        advanced technological false personation record 
                        did in fact pose a credible threat of 
                        instigating or advancing such;
                            ``(iii) in the course of criminal conduct 
                        related to fraud, including securities fraud 
                        and wire fraud, false personation, or identity 
                        theft; or
                            ``(iv) by a foreign power, or an agent 
                        thereof, with the intent of influencing a 
                        domestic public policy debate, interfering in a 
                        Federal, State, local, or territorial election, 
                        or engaging in other acts which such power may 
                        not lawfully undertake;
                shall be fined under this title, imprisoned for not 
                more than 5 years, or both.
            ``(2) Civil penalty.--
                    ``(A) Failure to disclose.--Any person who violates 
                subsection (a) shall be subject to a civil penalty of 
                up to $150,000 per record or alteration, as well as 
                appropriate injunctive relief.
                    ``(B) Altering disclosures.--Any person who alters 
                an advanced technological false personation record to 
                remove or meaningfully obscure the disclosures required 
                under subsection (a) with the intent to distribute such 
                altered record shall be subject to a civil penalty of 
                up to $150,000 per record or alteration, as well as 
                appropriate injunctive relief.
    ``(g) Private Right of Action.--
            ``(1) In general.--Any person who has been exhibited as 
        engaging in falsified material activity in an advanced 
        technological false personation record may bring a civil action 
        before the appropriate Federal district court for damages under 
        paragraph (2) and injunctive relief under paragraph (3) against 
        a person who violates subsection (a) or alters an advanced 
        technological false personation record to remove or 
        meaningfully obscure the disclosures required under subsection 
        (a).
            ``(2) Damages.--Damages shall consist of the greater of--
                    ``(A) actual damages suffered by the living person 
                or the affiliated corporation or entity, and any 
                additional substantially derivative profits of the 
                person who violated subsection (a) or altered an 
                advanced technological false personation record to 
                remove or meaningfully obscure the disclosures required 
                under subsection (a);
                    ``(B) $50,000 per record, if the living person or 
                affiliated corporation or entity experienced a 
                perceptible individual harm or faced a tangible risk of 
                experiencing such harm;
                    ``(C) $100,000 per record, if the living person or 
                affiliated corporation or entity experienced a 
                perceptible individual harm or faced a tangible risk of 
                experiencing such harm and the record purported to 
                depict extreme or outrageous conduct by the living 
                person; or
                    ``(D) $150,000 per record, if the advanced 
                technological false personation record contains 
                explicit sexual content of a visual nature intended to 
                humiliate or otherwise harass the person falsely 
                depicted as engaging in such sexual acts or in a state 
                of nudity.
            ``(3) Injunctive relief.--Injunctive relief under this 
        subsection shall include a requirement to comply with 
        subsection (a).
    ``(h) Privacy Protections.--
            ``(1) Federal actions.--In enforcing this section, the 
        Attorney General shall, to the extent practicable, consult with 
        living persons exhibited as engaging in falsified material 
        activity in advanced technological false personation records 
        regarding measures the Attorney General can reasonably 
        undertake to protect the privacy of such persons and minimize 
        additional public viewings of such records.
            ``(2) Private actions.--A court in which a private action 
        is brought under subsection (g) shall permit the plaintiff, 
        upon petition, to file the claim under seal if the plaintiff 
        can demonstrate a reasonable likelihood that the creation of 
        public records regarding the advanced technological false 
        personation record would result in embarrassing or otherwise 
        harmful publicization of the falsified material activity in an 
        advanced technological false personation record.
    ``(i) Rules of Construction.--
            ``(1) Nothing in this section shall be interpreted as 
        authorizing the production of an advanced technological false 
        personation record which includes disclosures if such record is 
        otherwise prohibited by law or regulation.
            ``(2) The word `advanced' within the term `advanced 
        technological false personation record' shall not be 
        interpreted as narrowing the definition of such term.
            ``(3) Nothing in this section shall be interpreted as a 
        defense against, or as preempting or limiting, any Federal, 
        State, local, or territorial laws, regulations, or policies 
        that prohibit, impose more stringent standards in relation to, 
        or provide additional or alternative remedies or damages in 
        relation to, the production or distribution of advanced 
        technological false personation records, deepfakes, or related 
        content, including criminal and civil laws relating to 
        copyright, tortious conduct, and false personation.
    ``(j) Exceptions.--
            ``(1) Disclosure.--The requirements under subsections (c), 
        (d), and (e) shall not apply with respect to any advanced 
        technological false personation record--
                    ``(A) containing alternative disclosures regarding 
                the falsity of the exhibited material activities which 
                a reasonable person would deem to be more prominent 
                than those required under subsection (c), (d), or (e), 
                as the case may be;
                    ``(B) during the process of producing such record, 
                provided the ultimately distributed record is in 
                compliance with such requirements;
                    ``(C) which primarily contains images or sound 
                recordings of actual persons, such as performing 
                artists, and have not been substantially digitally 
                modified;
                    ``(D) created in connection with editing a motion 
                picture, television, music, or similar production or 
                creating a derivative production thereof, the original 
                content of which was created prior to the enactment of 
                this section, in which the person appearing provided 
                consent to their original appearance;
                    ``(E) appearing in a context such that a reasonable 
                person would not mistake the falsified material 
                activity for actual material activity of the exhibited 
                living person, such as parody shows or publications, 
                historical reenactments, or fictionalized radio, 
                television, or motion picture programming; or
                    ``(F) produced by an officer or employee of the 
                United States, or under the authority thereof, in 
                furtherance of public safety or national security.
            ``(2) Digital content provenance.--The digital content 
        provenance requirement under subsection (b) shall not apply 
        with respect to any class of advanced technological false 
        personation records which the Attorney General determines by 
        regulation should be excluded from such requirement.
    ``(k) Advisory Opinions, Waiver, and Standards.--
            ``(1) Advisory opinions.--The Attorney General shall--
                    ``(A) establish a process by which any producer of 
                audio, visual, or audiovisual content may seek an 
                advisory opinion from the Attorney General regarding 
                whether their proposed production is required to comply 
                with the requirements under this section;
                    ``(B) respond to a request described in 
                subparagraph (A) not later than 30 days after the date 
                of submission; and
                    ``(C) not pursue enforcement action under this 
                section against any producer who relied in good faith 
                on such an advisory opinion.
            ``(2) Waiver.--The Attorney General is authorized to grant, 
        and shall establish and publish procedures to govern the 
        issuance of, waivers from any requirements under this section 
        to additional categories of advanced technological false 
        personation records upon petition of any producer thereof if 
        such producer can demonstrate that compliance with this section 
        would impede their ability to engage in lawful activities 
        protected by the First Amendment of the Constitution.
            ``(3) Digital content provenance standards.--Not later than 
        1 year after the date of enactment of this section, the 
        Attorney General shall issue rules governing the technical 
        specifications of the digital content provenance required under 
        subsection (b) which stall include, if such is determined 
        appropriate, a requirement for such digital content provenance 
        to contain embedded or linked metadata.
    ``(l) Venue.--Any action under this section may be brought, in 
addition to in any district otherwise described in section 1391 of 
title 28, in the district where or the person falsely depicted in the 
advanced technological false personation record resides.
    ``(m) Extraterritoriality.--There is extraterritorial Federal 
jurisdiction over an offense under this section if the defendant or the 
depicted person is a citizen or permanent resident of the United 
States.
    ``(n) Definitions.--
            ``(1) Advanced technological false personation record.--The 
        term `advanced technological false personation record' means 
        any deepfake, which--
                    ``(A) a reasonable person, having considered the 
                visual or audio qualities of the record and the nature 
                of the distribution channel in which the record 
                appears, would believe accurately exhibits--
                            ``(i) any material activity of a living 
                        person which such living person did not in fact 
                        undertake; or
                            ``(ii) any material activity of a deceased 
                        person which such deceased person did not in 
                        fact undertake, and the exhibition of which is 
                        substantially likely to either further a 
                        criminal act or result in improper interference 
                        in an official proceeding, a public policy 
                        debate, or an election; and
                    ``(B) was produced without the consent of such 
                living person, or in the case of a deceased person, 
                such person or the heirs thereof.
            ``(2) Material activity.--The term `material activity' 
        means any speech, conduct, or depiction which causes, or a 
        reasonable person would recognize has a tendency to cause 
        perceptible individual or societal harm, including 
        misrepresentation, reputational damage, embarrassment, 
        harassment, financial losses, the incitement of violence, the 
        alteration of a public policy debate or election, or the 
        furtherance of any unlawful act.
            ``(3) Deepfake.--The term `deepfake' means any video 
        recording, motion-picture film, sound recording, electronic 
        image, or photograph, or any technological representation of 
        speech or conduct substantially derivative thereof--
                    ``(A) which appears to authentically depict any 
                speech or conduct of a person who did not in fact 
                engage in such speech or conduct; and
                    ``(B) the production of which was substantially 
                dependent upon technical means, rather than the ability 
                of another person to physically or verbally impersonate 
                such person.
    ``(o) Reports.--The Attorney General, in coordination with other 
relevant Federal agencies, shall submit a report to Congress 5 years 
after the date of enactment of this section, and 5 years thereafter, 
describing trends related to prosecutions and civil penalties pursued 
under this section.
``Sec. 1042. Deepfakes victim assistance
    ``(a) Coordinator for Violations Directed by Foreign Nation-
States.--The Attorney General shall designate a coordinator in each 
United States Attorney's Office to receive reports from the public 
regarding potential violations of section 1041 relating to deepfake 
depictions produced or distributed by any foreign nation-state, or any 
agent acting on its behalf, and coordinate prosecutions for any such 
violation.
    ``(b) Coordinator for False Intimate Depictions.--The Attorney 
General shall designate a coordinator in each United States Attorney's 
Office to receive reports from the public regarding potential 
violations of section 1041 relating to deepfake depictions of an 
intimate and sexual nature, and coordinate prosecutions for any such 
violation.
    ``(c) Plan and Guidance.--On the effective date of this section, 
the Attorney General shall publish a report containing--
            ``(1) a plan to effectuate and enforce section 1041;
            ``(2) a description of the efforts of the Russian 
        Federation and the People's Republic of China, and such other 
        states or groups as the Attorney General determines 
        appropriate, to use deepfake technology to impact elections or 
        public policy debates in the United States or other 
        democracies;
            ``(3) a description of the impact of intimate and sexual 
        deepfakes on women and marginalized communities; and
            ``(4) in order to increase the likelihood of such 
        prosecutions, official guidance to Federal prosecutors 
        regarding any potential legal concerns that may impede such 
        prosecutions absent clarification.''.
    (b) Clerical Amendment.--The table of sections for chapter 47 of 
title 18, United States Code, is amended by adding at the end the 
following:

``1041. Advanced technological false personation record.
``1042. Deepfakes victim assistance.''.

SEC. 3. TRANSPARENCY FACILITATION.

    (a) In General.--Any person who, in or affecting interstate or 
foreign commerce, for commercial purposes, develops a product that such 
person reasonably believes, in the context of the intended distribution 
of the product, will be used to produce deepfakes, as such term is 
defined in section 1041 of title 18, United States Code, as added by 
this Act, shall--
            (1) ensure such product has the technical capability to 
        insert digital content provenance and disclosures of the nature 
        described in such section into such deepfakes; and
            (2) include terms of use or other analogous disclosures 
        with such product, which require the user of such product to 
        affirmatively acknowledge their general awareness of their 
        legal obligations under section 1041 of title 18, United States 
        Code.
    (b) Enforcement by Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        this section or a regulation promulgated under this section 
        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.
            (2) Powers of commission.--The Federal Trade Commission 
        shall enforce this section and the regulations promulgated 
        under this section 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 section. Any person who violates this section or a 
        regulation promulgated under this section shall be subject to 
        the penalties and entitled to the privileges and immunities 
        provided in the Federal Trade Commission Act.
            (3) Rulemaking.--The Federal Trade Commission may 
        promulgate regulations, in accordance with section 553 of title 
        5, United States Code, to implement this section.

SEC. 4. IN REM LITIGATION AGAINST FOREIGN AND UNKNOWN DEFENDANTS.

    (a) In General.--A living person, or an affiliated corporate or 
other entity substantially connected to such living person, exhibited 
as engaging in falsified material activity in an advanced technological 
false personation record (as such term is defined in section 1041 of 
title 18, United States Code), and subject to the exceptions under 
section 1041(j) of such title, may file an in rem civil action against 
an advanced technological false personation record, in the judicial 
district in which such living person or related entity resides, if--
            (1) the producer of such advanced technological false 
        personation record is in violation of any provision in section 
        1041 of title 18, United States Code, for which a private 
        remedy is provided; and
            (2) the court finds that such living person or related 
        entity--
                    (A) is not able to obtain in personam jurisdiction 
                over a person who would have been a defendant in a 
                civil action in section 1041 of title 18, United States 
                Code, as added by section 2 of this Act; or
                    (B) through reasonable due diligence was not able 
                to find a person who would have been a defendant in a 
                civil action under paragraph (1) by--
                            (i) if practicable, sending a notice of the 
                        alleged violation and intent to proceed under 
                        this paragraph to the producer of the record;
                            (ii) publishing notice of the action as the 
                        court may direct promptly after filing the 
                        action; and
                            (iii) complying with such other due 
                        diligence measures the Attorney General 
                        promulgates through regulation.
    (b) Service of Process.--The actions under subsection (a)(2)(B)(ii) 
shall constitute service of process.
    (c) Jurisdiction.--In an in rem action under this section, an 
advanced false personation record shall be deemed to have its situs in 
the judicial district in which the person falsely depicted as engaging 
in material activity resides.
    (d) Remedies.--The remedies in an in rem action under this section 
shall be limited to--
            (1) a court order declaring there to be a substantial 
        likelihood that the material activity depicted in such advanced 
        technological false personation record is false and lacking the 
        digital content provenance and disclosures required under 
        section 1041 of title 18, United States Code, as added by 
        section 2 of this Act; and
            (2) as appropriate at the discretion of the court, the 
        forfeiture by the producer of such advanced technological false 
        personation record of profits directly derived from the 
        production and distribution of such record.
    (e) Estoppel and Additional Remedies.--A court order under 
subsection (d) may not be used for purposes of estoppel in subsequent 
litigation should the living person or related entity bringing suit 
file additional actions under other provisions of law. The in rem 
action established under this Act shall be in addition to any other 
civil action or remedy otherwise applicable and any other jurisdiction 
that otherwise exists, whether in rem or in personam.

SEC. 5. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH AUDIOVISUAL AND 
              BIOMETRIC IDENTITY AUTHENTICATION.

    (a) Offense.--Section 1028 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``or a false 
                identification document'' and inserting ``a false 
                identification document, or a false audiovisual 
                identification record'';
                    (B) in paragraph (4), by striking ``or a false 
                identification document,'' and inserting ``a false 
                identification document, or a false audiovisual 
                identification record,''; and
                    (C) in paragraph (5), by striking ``a false 
                identification document'' and inserting ``a false 
                identification document, false audiovisual 
                identification record'';
            (2) in subsection (b)(1)(A), by striking ``or false 
        identification document'' and inserting ``a false 
        identification document, or a false audiovisual identification 
        record'';
            (3) in subsection (c)(3)(A), by inserting after ``a 
        document'' the following: ``or a false audiovisual 
        identification record''; and
            (4) in subsection (d)--
                    (A) in paragraph (1), insert after ``letters,'' the 
                following: ``biometric indicators'';
                    (B) in paragraph (7), insert after ``other unique 
                physical representation'' the following: ``including 
                facial dimensions or characteristics, or visual imagery 
                or content which appears to authentically depict any 
                speech or conduct of a person who did not in fact 
                engage in such speech or conduct'';
                    (C) in paragraph (11), strike ``and'' at the end;
                    (D) in paragraph (12)(B), strike the period at the 
                end and insert ``; and''; and
                    (E) by adding at the end the following:
            ``(13) The term `false audiovisual identification record' 
        means any advanced technological false personation record (as 
        such term is defined in section 1041)--
                    ``(A) used or attempted to be used by a person for 
                the purpose of assuming the identity of the person 
                depicted in the advanced technological false 
                personation record without such other person's consent; 
                and
                    ``(B)(i) the use or attempted use of which is 
                intended to further any unlawful activity that 
                constitutes a violation of Federal law, or that 
                constitutes a felony under any applicable State, 
                territorial, or local law;
                            ``(ii) depicts obscenity or sexually 
                        explicit conduct, considering the extent to 
                        which the record appeals to the prurient 
                        interest, is patently offensive, and lacks 
                        serious literary, artistic, political, or 
                        scientific value;
                            ``(iii) depicts fighting words, which by 
                        their very utterance, inflict injury or tend to 
                        incite an immediate breach of the peace;
                            ``(iv) constitutes a call to imminent 
                        lawless action, and is likely, whether on its 
                        own or collectively in connection with related 
                        records, to incite or produce such action; or
                            ``(v) depicts or constitutes other 
                        activities or speech that the Attorney General 
                        determines by regulation pose a credible threat 
                        to the national interests of the United States, 
                        which, as of the date of such regulation, have 
                        been determined by a Federal court to 
                        constitute an unprotected class of speech under 
                        the first amendment.''.
    (b) Rule of Construction.--The amendments made by subsection (a) 
may not be interpreted as imposing any limitations on the applicability 
of section 1028 of title 18, United States Code, to any item which was 
covered by such section prior to the date of enactment of this Act.

SEC. 6. FALSE PERSONATION.

    (a) In General.--Chapter 43 of title 18 of the United States Code 
is amended by adding at the end a new section as follows:
``Sec. 918. Deepfake false personation generally
    ``Section 911 through 917 of this chapter shall be interpreted to 
include producers, or persons who substantially and knowingly 
contribute to the production and unlawful use of, advanced 
technological false personation records (as such term is defined in 
section 1041), subject to the exceptions under section 4041(j).''.
    (b) Clerical Amendment.--The table of sections for chapter 43 of 
title 18, United States Code, is amended by adding at the end the 
following:

``918. Deepfake false personation generally.''.

SEC. 7. DETECTION OF DEEPFAKES.

    (a) Establishment of Task Force.--The Secretary of Homeland 
Security, in coordination with the heads of other relevant Federal 
entities, shall establish a task force within the Science and 
Technology Directorate of the Department of Homeland Security (in this 
section referred to as the ``Deepfakes Task Force''), to--
            (1) advance efforts of the United States Government to 
        combat the national security implications of deepfakes;
            (2) as appropriate, research and develop technologies to 
        detect, or otherwise counter and combat, deepfakes and other 
        advanced image manipulation methods and distinguish such 
        deepfakes or related forgeries from legitimate audiovisual 
        recordings or visual depictions of actual events;
            (3) provide support, both administrative and scientific, to 
        other Federal entities researching such technologies;
            (4) encourage efforts of the United States Government to 
        adopt such technologies; and
            (5) facilitate discussion and appropriate cooperation 
        between the United States Government and relevant private 
        sector technology enterprises or other nongovernmental 
        entities, including academic and research institutions, 
        regarding the identification of deepfakes or other advanced 
        image manipulation methods.
    (b) Private Sector Collaboration.--If the United States Government 
develops technologies to reliably detect deepfakes and other advanced 
image manipulation methods and distinguish such deepfakes or related 
forgeries from legitimate audiovisual recordings or visual depictions 
of actual events, the President shall, unless the President determines 
such is contrary to the national interests of the United States, seek 
to make such technologies available to appropriate United States 
private sector internet platforms, including social networks.
    (c) Annual Report.--Not later than one year after the date of the 
enactment of this Act and annually thereafter for five years, the 
Secretary of Homeland Security shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate an 
unclassified report, which may contain a classified annex, describing 
the following:
            (1) The activities of the Deepfakes Task Force.
            (2) As appropriate, technological progress related to the 
        detection of deepfakes and other advanced image manipulation 
        methods.
            (3) New developments related to the national security 
        threat posed by deepfakes and other advanced image manipulation 
        methods, which shall include a description of any efforts of 
        the Russian Federation and the People's Republic of China, and 
        such other countries or groups as the Secretary determines 
        appropriate, to distribute deepfakes or related forgeries in 
        the United States or other democracies.
            (4) Related efforts of the United States to combat and 
        counter deepfakes and other advanced image manipulation 
        methods.
    (d) Definition.--The term ``deepfake'' shall have the meaning given 
such term in section 1041 of title 18, United States Code, as added by 
section 2 of this Act.

SEC. 8. CONGRESSIONAL NOTIFICATION.

    The Secretary of Homeland Security shall annually submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate a 
classified written notification and, upon request, a briefing, 
regarding any known attempts of foreign countries to use deepfakes (as 
such term is defined in section 1041 of title 18, United States Code, 
as added by section 2 of this Act) or other advanced image manipulation 
methods to influence or otherwise interfere in an official proceeding 
within the United States, including an election.

SEC. 9. INFORMATION SHARING.

    The Secretary of Homeland Security shall take such actions as may 
be necessary to establish in the Department of Homeland Security an 
information sharing program relating to deepfakes (as such term is 
defined in section 1041 of title 18, United States Code, as added by 
section 2 of this Act) and other advanced image manipulation methods to 
permit online platforms (as defined in section 10(d) of this Act) to 
alert other such platforms to prevent the spread of a malicious 
deepfake or other related forgery, as well as to promptly alert for 
public dissemination news organizations regarding such deepfake or 
related forgery.

SEC. 10. REQUIREMENTS FOR ONLINE PLATFORMS.

    (a) Technical Capability Relating to Digital Content Provenance.--A 
provider of an online platform shall ensure such platform has the 
technical capability to insert digital content provenance and 
disclosures of the nature described in section 1041 of title 18, United 
States Code, as added by this Act, into any deepfakes that are 
distributed on such platform.
    (b) System To Detect Deepfakes.--A provider of an online platform 
shall have in place a system to detect deepfakes in the content 
distributed on such platform.
    (c) Enforcement by Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        this section or a regulation promulgated under this section 
        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.
            (2) Powers of commission.--The Federal Trade Commission 
        shall enforce this section and the regulations promulgated 
        under this section 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 section. Any person who violates this section or a 
        regulation promulgated under this section shall be subject to 
        the penalties and entitled to the privileges and immunities 
        provided in the Federal Trade Commission Act.
            (3) Rulemaking.--The Federal Trade Commission may 
        promulgate regulations, in accordance with section 553 of title 
        5, United States Code, to implement this section.
    (d) Definitions.--In this section:
            (1) Deepfake.--The term ``deepfake'' has the meaning given 
        such term in section 1041 of title 18, United States Code, as 
        added by this Act.
            (2) Online platform.--The term ``online platform'' means 
        any public-facing website, online service, online application, 
        or mobile application which is operated for commercial purposes 
        and provides a community forum for user-generated content, 
        including a social network site, content aggregation service, 
        or service for sharing videos, images, games, audio files, or 
        other content.

SEC. 11. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the date that is one year after the date of enactment of this Act.
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