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 stand-
ards 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 in-
cludes 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 Com-
mittee on Energy and Commerce, and in addition to the Committee on 
Science, Space, and Technology, for a period to be subsequently deter-
mined 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 Tech-
nology to establish task forces to facilitate and inform 
the development of technical standards and guidelines 
relating to the identification of content created by gen-
erative artificial intelligence, to ensure that audio or vis-
ual content created or substantially modified by genera-
tive artificial intelligence includes a disclosure acknowl-
edging the generative artificial intelligence origin of such 
content, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives 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 ma-
jority 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 ar-
tificial intelligence models has led to a marked in-
crease 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 an-
swers was high, and unrelated to accuracy. 
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(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 celeb-
rity endorsements of various products and scams 
have proliferated in the past year, including an ad 
in which a deepfake of famous actor Tom Hanks en-
dorsed a dental insurance plan. 
(4) The proliferation of deepfakes can also cre-
ate 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 Presi-
dent Biden’s voice was used to make robocalls to 
voters in New Hampshire ahead of a primary elec-
tion, and provided false information intended to dis-
courage 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’’. 
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(6) Requiring deepfakes to be clearly labeled is 
important to protect consumers from deception, pro-
tect our national security, and to maintain an in-
formed electorate. 
SEC. 3. GUIDELINES TO FACILITATE DISTINGUISHING CON-
TENT GENERATED BY GENERATIVE ARTIFI-
CIAL INTELLIGENCE. 
(a) TASK FORCES FOR DEVELOPMENT OF GUIDE-
LINES 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 Tech-
nology shall establish task forces to accomplish the 
following goals: 
(A) Supporting the development of tech-
nical standards and guidelines to provide con-
tent provenance metadata, watermarking, dig-
ital fingerprinting for audio or visual content, 
and other technical measures that the task 
forces determine significant. To the extent tech-
nically feasible, such task forces should seek to 
make 
content 
provenance 
metadata 
cryp-
tographically verifiable, and to make water-
marks difficult to remove or obscure. 
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vate, consensus organizations, as referred to in sec-
tion 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 Na-
tional Institute of Standards and Technology shall 
include in the memberships of each of the task 
forces described in paragraph (1) appropriate rep-
resentatives of the following: 
(A) Relevant Federal agencies. 
(B) Developers of generative artificial in-
telligence technology. 
(C) Entities, including standards develop-
ment 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 ad-
vocacy groups, and other related entities, espe-
cially such entities and groups engaged in the 
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development or implementation of content de-
tection 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 deter-
mines appropriate. 
(4) DUTIES.— 
(A) SUBMISSION TO DIRECTOR.—Each of 
the task forces established pursuant to para-
graph (1) shall, not later than 270 days after 
the establishment of each such task force, sub-
mit to the Director of the National Institute of 
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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 para-
graph (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 Com-
mittee on Commerce, Science, and Transpor-
tation 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 pur-
suant to paragraph (1) shall consider issuing guid-
ance 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 con-
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tained 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 pri-
vacy implications. 
(b) INFORMING CONSUMERS
OF CONTENT GEN-
ERATED BY ARTIFICIAL INTELLIGENCE.— 
(1) PROVIDERS OF GENERATIVE ARTIFICIAL IN-
TELLIGENCE 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 appli-
cation 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 artifi-
cial intelligence origin of such content; 
(B) establish and implement reasonable 
measures to prevent a disclosure described in 
subparagraph (A) from being removed or other-
wise tampered with; 
(C) collaborate with providers of covered 
online platforms to assist such providers in 
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identifying and accessing the information of dis-
closures 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 modi-
fied by such application, information regarding 
the generative artificial intelligence origin of 
such content, including tamper-evident informa-
tion regarding— 
(i) the name of such application; 
(ii) the name and version of the gen-
erative 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 con-
tent by such application; and 
(iv) the portion of such content that 
was created or modified by such applica-
tion. 
(2) PROVIDERS
OF
COVERED
ONLINE
PLAT-
FORMS.—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 
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audio or visual content accessed by such user 
through such platform that incorporates a dis-
closure described in paragraph (1)(A), the in-
formation included in such disclosure; and 
(B) may not, with respect to audio or vis-
ual content accessed by such user through such 
platform that incorporates a disclosure de-
scribed in paragraph (1)(A), remove such dis-
closure or any incorporated information de-
scribed 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 sub-
paragraph (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 PRAC-
TICES.—A violation of this subsection or a reg-
ulation promulgated under this subsection shall 
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be treated as a violation of a regulation under 
section 18(a)(1)(B) of the Federal Trade Com-
mission Act (15 U.S.C. 57a(a)(1)(B)) regarding 
unfair or deceptive acts or practices. 
(B) POWERS OF COMMISSION.—The Com-
mission 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. 
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(6) SAFE HARBORS.— 
(A) IN GENERAL.—A person who makes 
available for use a generative artificial intel-
ligence application or a covered online platform 
may satisfy the requirements of this subsection 
(including regulations promulgated under this 
subsection) by following self-regulatory guide-
lines 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.—Incen-
tives described in clause (i) shall include 
provisions for ensuring that a person will 
be deemed to be in compliance with the re-
quirements of this subsection (including 
regulations promulgated under this sub-
section) if that person complies with guide-
lines 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 
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this subsection (including regulations pro-
mulgated under this subsection). 
(iii) EXPEDITED
RESPONSE
TO
RE-
QUESTS.—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 conclu-
sions with regard to such request. 
(C) APPEALS.—Final action by the Com-
mission on a request for approval of guidelines 
under this paragraph, or the failure to act with-
in 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 reg-
ulations under paragraph (3) and considering the 
approval of guidelines under paragraph (6). 
(c) DEFINITIONS.—In this section: 
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(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 ‘‘con-
tent 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 an-
nual 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 con-
tent and stored in a database, for the purpose of 
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identifying, matching against, or verifying such con-
tent, 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, in-
cluding any form of digital content. 
(7) MACHINE-READABLE.—The term ‘‘machine- 
readable’’ has the meaning given such term in sec-
tion 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 tam-
per-resistant information into digital content (per-
ceptibly or imperceptibly) which may be used to es-
tablish some aspect or aspects of the content prove-
nance of the content or to store reference informa-
tion. 
Æ 
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