[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