[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 
                li