,i #aafth ,,congress #ast ,session ,h4 ,r4 #cbcj ,,in ,,the ,,house ,,of ,,representatives ,june #ab1 #bjai ,ms4 ,clarke of ,new ,york introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,energy and ,commerce1 and ,homeland ,security1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to combat the spread of disinformation through restrictions on deep-fake video alteration technology4 #a4 ,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 #bjai or the ,,deep ,,fakes ,accountability ,act4 #b4 ,transparency requirements 7a7 ,in general ,chapter #dg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ajda4 ,advanced technological false personation record 7a7 ,in general ,except as provided in subsection 7j71 any person who1 using any means or facility of interstate or foreign commerce1 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 distributed1 shall ensure such record1 complies with-- 7#a7 the watermark requirement under subsection 7b72 and 7#b7 7,a7 in the case of an audiovisual record1 the disclosure requirements under subsection 7c72 7,b7 in the case of a visual record1 the disclosure requirements under subsection 7d72 or 7,c7 in the case of an audio record1 the disclosure requirements under subsection 7e74 7b7 ,digital watermark ,any advanced technological false personation record which contains a moving visual element shall contain an embedded digital watermark clearly identifying such record as containing altered audio or visual elements4 7c7 ,audiovisual disclosure ,any advanced technological false personation records containing both an audio and a visual element shall include-- 7#a7 not less than #a clearly articulated verbal statement that identifies the record as containing altered audio and visual elements1 and a concise description of the extent of such alteration2 and 7#b7 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 elements1 and a concise description of the extent of such alteration4 7d7 ,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 elements1 and a concise description of the extent of such alteration4 7e7 ,audio disclosure ,any advanced technological false personation records exclusively containing an audio element shall include1 at the beginning of such record1 a clearly articulated verbal statement that identifies the record as containing altered audio elements and a concise description of the extent of such alteration1 and in the event such record exceeds two minutes in length1 not less than #a additional clearly articulated verbal statement and additional concise description at some interval during each two-minute period thereafter4 7f7 ,penalty 7#a7 ,criminal penalty 7,a7 ,failure to disclose ,whoever knowingly violates subsection 7a7-- 7i7 with the intent to humiliate or otherwise harass the person falsely exhibited1 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 nudity2 7ii7 with the intent to cause violence or physical harm1 incite armed or diplomatic conflict1 or interfere in an official proceeding1 including an election1 provided the advanced technological false personation record did in fact pose a credible threat of instigating or advancing such2 7iii7 in the course of criminal conduct related to fraud1 including securities fraud and wire fraud1 false personation1 or identity theft2 or 7iv7 by a foreign power1 or an agent thereof1 with the intent of influencing a domestic public policy debate1 interfering in a ,federal1 ,state1 local1 or territorial election1 or engaging in other acts which such power may not lawfully undertake2 shall be fined under this title1 imprisoned for not more than #e years1 or both4 7,b7 ,altering disclosures ,whoever knowingly alters an advanced technological false personation record to remove or meaningfully obscure the disclosures required under subsection 7a7 with the intent to distribute such altered record and-- 7i7 with the intent to humiliate or otherwise harass the person falsely exhibited1 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 nudity2 7ii7 with the intent to cause violence or physical harm1 incite armed or diplomatic conflict1 or interfere in an official proceeding1 including an election1 provided the advanced technological false personation record did in fact pose a credible threat of instigating or advancing such2 7iii7 in the course of criminal conduct related to fraud1 including securities fraud and wire fraud1 false personation1 or identity theft2 or 7iv7 by a foreign power1 or an agent thereof1 with the intent of influencing a domestic public policy debate1 interfering in a ,federal1 ,state1 local1 or territorial election1 or engaging in other acts which such power may not lawfully undertake2 shall be fined under this title1 imprisoned for not more than #e years1 or both4 7#b7 ,civil penalty 7,a7 ,failure to disclose ,any person who violates subsection 7a7 shall be subject to a civil penalty of up to #aej1jjj per record or alteration1 as well as appropriate injunctive relief4 7,b7 ,altering disclosures ,any person who alters an advanced technological false personation record to remove or meaningfully obscure the disclosures required under subsection 7a7 with the intent to distribute such altered record shall be subject to a civil penalty of up to #aej1jjj per record or alteration1 as well as appropriate injunctive relief4 7g7 ,private right of action 7#a7 ,in general ,any living individual or affiliated corporate or other entity 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 7#b7 and injunctive relief under paragraph 7#c7 against a person who violates subsection 7a7 or alters an advanced technological false personation record to remove or meaningfully obscure the disclosures required under subsection 7a74 7#b7 ,damages ,damages shall consist of the greater of-- 7,a7 actual damages suffered by the living person or the affiliated corporation or entity1 and any additional substantially derivative profits of the person who violated subsection 7a7 or altered an advanced technological false personation record to remove or meaningfully obscure the disclosures required under subsection 7a72 7,b7 #ej1jjj per record1 if the living person or affiliated corporation or entity experienced a perceptible individual harm or faced a tangible risk of experiencing such2 7,c7 #ajj1jjj per record1 if the living person or affiliated corporation or entity experienced a perceptible individual harm or faced a tangible risk of experiencing such and the record purported to depict extreme or outrageous conduct by the living person2 or 7,d7 #aej1jjj per record1 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 nudity4 7#c7 ,injunctive relief ,injunctive relief under this subsection shall include mandated compliance with the requirements described in subsection 7a74 7h7 ,privacy protections 7#a7 ,federal actions ,in pursuing criminal or civil penalties under this ,act1 ,federal authorities shall1 to the extent practicable1 consult with living persons exhibited as engaging in falsified material activity in advanced technological false personation records regarding measures such authorities can reasonably undertake to protect their privacy and minimize additional public viewings of such records4 7#b7 ,private actions ,private actions brought under subsection 7g71 upon petition of the plaintiff1 shall be permitted to be filed under seal if such 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 record4 7i7 ,rules of construction 7#a7 ,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 regulation4 7#b7 ,the word advanced within the term advanced technological false personation record shall not be interpreted as narrowing the definition of such term4 7#c7 ,nothing in this section shall be interpreted as a defense against1 or as preempting or limiting1 any ,federal1 ,state1 local1 or territorial laws1 regulations1 or policies that prohibit1 impose more stringent standards in relation to1 or provide additional or alternative remedies or damages in relation to1 the production or distribution of advanced technological false personation records1 deep fakes1 or related content1 including criminal and civil laws relating to copyright1 tortious conduct1 and false personation4 7j7 ,exceptions 7#a7 ,disclosure ,the requirements under subsections 7c71 7d71 and 7e7 shall not apply with respect to any advanced technological false personation record-- 7,a7 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 7c71 7d71 or 7e71 as the case may be2 7,b7 during the process of producing such record1 provided the ultimately distributed record is in compliance2 7,c7 which primarily contains images or sound recordings of actual persons1 such as performing artists1 and have not been substantially digitally modified2 7,d7 created in connection with editing a motion picture1 television1 music1 or similar production or creating a derivative production thereof1 the original content of which was created prior to the enactment of this ,act1 in which the person appearing provided consent to their original appearance2 7,e7 appearing in a context such that a reasonable person would not mistake the falsified material activity for actual material activity of the exhibited living person1 such as parody shows or publications1 historical reenactments1 or fictionalized radio1 television1 or motion picture programming2 or 7,f7 produced by an officer or employee of the ,united ,states1 or under the authority thereof1 in furtherance of public safety or national security4 7#b7 ,watermark ,the watermark requirement under subsection 7b7 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 requirement4 7k7 ,advisory opinions1 waiver1 and standards 7#a7 ,advisory opinions ,the ,attorney ,general shall-- 7,a7 establish a process by which any producer of audio1 visual1 or audiovisual content may seek an advisory opinion regarding the legality of their proposed production under this section2 7,b7 respond to such requests for advice not later than #cj days after the date of submission2 and 7,c7 not pursue enforcement action under this section against any producer who relied in good faith on such an advisory opinion4 7#b7 ,waiver ,the ,attorney ,general shall be authorized to grant1 and shall establish and publish procedures to govern the issuance of1 waivers from any requirements or liabilities under this section to additional categories of advanced technological false personation records upon petition of any producer thereof if such producer can demonstrate compliance with this section would impede their ability to engage in otherwise lawful activities protected by the ,first ,amendment of the ,constitution4 7#c7 ,watermark standards ,not later than #a year after the date of enactment of this section1 the ,attorney ,general shall issue rules governing the technical specifications of the digital watermarks required under subsection 7b7 which stall include1 if such is determined appropriate1 a requirement for such watermarks to contain embedded metadata4 7l7 ,venue ,any action under this section may be brought1 in addition to in any district otherwise described in section #acia of title #bh1 in the district where or the person falsely depicted in the advanced technological false personation record resides4 7m7 ,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 ,states4 7n7 ,definitions 7#a7 ,advanced technological false personation record ,the term advanced technological false personation record means any deep fake1 which-- 7,a7 a reasonable person1 having considered the visual or audio qualities of the record and the nature of the distribution channel in which the record appears1 would believe accurately exhibits-- 7i7 any material activity of a living person which such living person did not in fact undertake2 or 7ii7 any material activity of a deceased person which such deceased person did not in fact undertake1 and the exhibition of which is substantially likely to either further a criminal act or result in improper interference in an official proceeding1 public policy debate1 or election2 and 7,b7 was produced without the consent of such living person1 or in the case of a deceased person1 such person or the heirs thereof4 7#b7 ,material activity ,the term material activity means any falsified speech1 conduct1 or depiction which causes1 or a reasonable person would recognize has a tendency to cause perceptible individual or societal harm1 including misrepresentation1 reputational damage1 embarrassment1 harassment1 financial losses1 the incitement of violence1 the alteration of a public policy debate or election1 or the furtherance of any unlawful act4 7#c7 ,deep fake ,the term deep fake means any video recording1 motion-picture film1 sound recording1 electronic image1 or photograph1 or any technological representation of speech or conduct substantially derivative thereof-- 7,a7 which appears to authentically depict any speech or conduct of a person who did not in fact engage in such speech or conduct2 and 7,b7 the production of which was substantially dependent upon technical means1 rather than the ability of another person to physically or verbally impersonate such person4 7o7 ,reports ,the ,attorney ,general1 in coordination with other relevant ,federal agencies1 shall submit a report to ,congress #e years after the date of enactment of this section1 and #e years thereafter1 describing trends related to prosecutions and civil penalties pursued under this section1 and recommending any updates to this section necessitated by the emergence of new technologies4 #ajdb4 ,deep fakes victim assistance 7a7 ,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 #ajda 7relating to deep fake depictions produced or distributed by any foreign nation-state1 or any agent acting on its behalf7 and coordinate prosecutions for any violation of such section4 7b7 ,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 #ajda 7relating to deep fake depictions of an intimate and sexual nature7 and coordinate prosecutions for any violation of such section4 7c7 ,plan and guidance ,on the effective date of this ,act1 the ,attorney ,general shall publish a report containing-- 7#a7 a plan to effectuate and enforce section #ajda2 7#b7 a description of the efforts of the ,russian ,federation and the ,people's ,republic of ,china1 and such other states or groups as the ,attorney ,general determines appropriate1 to use deep fake technology to impact elections or public policy debates in the ,united ,states or other democracies2 7#c7 a description of the impact of intimate and sexual deep fakes on women and marginalized communities2 and 7#d7 in order to increase the likelihood of such prosecutions1 official guidance to ,federal prosecutors regarding any potential legal concerns that may impede such prosecutions absent clarification4 4 7b7 ,clerical amendment ,the table of sections for chapter #dg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ajda4 ,advanced technological false personation record4 #ajdb4 ,deep fakes victim assistance4 4 #c4 ,transparency facilitation ,any manufacturer of software1 who in the course of conducting such business produces software1 in or affecting interstate or foreign commerce1 which such manufacturer reasonably believes1 in the context of their intended distribution of the product1 will be used to produce deep fakes1 as such term is defined in section #ajda of title #ah1 ,united ,states ,code1 as added by this ,act1 shall-- 7#a7 ensure such software has the technical capability to insert watermarks and disclosures of the nature described in such section into such deep fakes2 and 7#b7 include terms of use or other analogous disclosures with such software1 which require the user of such software to affirmatively acknowledge their general awareness of their legal obligations under this ,act4 #d4 ,in rem litigation against foreign and unknown defendants 7a7 ,in general ,a living person1 or an affiliated corporate or other entity substantially connected to such living person1 exhibited as engaging in falsified material activity in an advanced technological false personation record1 as such term is defined in section #ajda of title #ah1 ,united ,states ,code1 as added by section #b of this ,act1 and subject to parallel exceptions to those enumerated in section #ajda7;j7 of such title1 may file an in rem civil action against an advanced technological false personation record1 in the judicial district in which such living person or related entity resides1 if-- 7#a7 the creator of such advanced technological false personation record is in violation of any provision in section #ajda of title #ah1 ,united ,states ,code1 as added by section #b of this ,act1 for which a private remedy is provided2 and 7#b7 the court finds that such living person or related entity-- 7,a7 is not able to obtain in personam jurisdiction over a person who would have been a defendant in a civil action in section #ajda of title #ah1 ,united ,states ,code1 as added by section #b of this ,act2 or 7,b7 through reasonable due diligence was not able to find a person who would have been a defendant in a civil action under paragraph 7#a7 by-- 7i7 if practicable1 sending a notice of the alleged violation and intent to proceed under this paragraph to the producer of the record2 7ii7 publishing notice of the action as the court may direct promptly after filing the action2 and 7iii7 complying with such other due diligence measures the ,attorney ,general promulgates through regulation4 7b7 ,service of process ,the actions under subsection 7a77#b77;,b77ii7 shall constitute service of process4 7c7 ,jurisdiction ,in an in rem action under this section1 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 resides4 7d7 ,remedies ,the remedies in an in rem action under this paragraph shall be limited to 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 watermarks and disclosures required under section #ajda of title #ah1 ,united ,states ,code1 as added by section #b of this ,act1 and as appropriate at the discretion of the court1 the forfeiture by the producer of such advanced technological false personation record of profits directly derived from the production and distribution of such content4 7e7 ,estoppel and additional remedies ,a court order under subsection 7d7 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 law4 ,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 exists1 whether in rem or in personam4 7f7 ,fee waiver ,the ,federal judiciary shall waive all filing fees for actual living persons pursuing private relief under this section1 if such litigant provides a sworn certification that the primary purpose of such filing is reputational restoration4 7g7 ,regulations ,the ,attorney ,general may promulgate regulations governing proceedings under this section1 or otherwise limiting the applicability of this section as such is determined necessary4 #e4 ,fraud and related activity in connection with audiovisual and biometric identity authentication 7a7 ,offense ,section #ajbh of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking or a false identification document and inserting a false identification document1 or a false audiovisual identification record2 7,b7 in paragraph 7#d71 by striking or a false identification document1 and inserting a false identification document1 or a false audiovisual identification record12 and 7,c7 in paragraph 7#e71 by striking or a false identification document and inserting a false identification document1 false audiovisual identification record2 7#b7 in subsection 7b77#a71 by striking or a false identification document and inserting a false identification document1 or a false audiovisual identification record2 7#c7 in subsection 7c77#c77;,a71 by inserting after a document the following3 or a false audiovisual identification record2 and 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#a71 insert after letters1 the following3 biometric indicators2 7,b7 in paragraph 7#g71 insert after other unique physical representation the following3 including facial dimensions or characteristics1 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 conduct2 7,c7 in paragraph 7#aa71 strike and at the end2 7,d7 in paragraph 7#ab77;,b71 strike the period at the end and insert 2 and2 and 7,e7 by adding at the end the following3 7#ac7 ,the term false audiovisual identification record means any deep fake which is an advanced technological false personation record1 as such terms are defined in section #ajda1 used or attempted to be used by a person for the purpose of conducting actual activities while assuming the identity of another person without such other person's consent1 that-- 7,a7 seeks to further any unlawful activity that constitutes a violation of ,federal law1 or that constitutes a felony under any applicable ,state1 territorial1 or local law2 7,b7 depicts obscenity or sexually explicit conduct1 considering the extent to which the record appeals to the prurient interest1 is patently offensive1 and lack serious literary1 artistic1 political1 or scientific value2 7,c7 depicts fighting words1 which by their very utterance1 inflict injury or tend to incite an immediate breach of the peace2 7,d7 constitutes a call to imminent lawless action1 and is likely1 whether on its own or collectively in connection with related records1 to incite or produce such action2 and 7,e7 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 ,states1 which1 as of the date of such regulation1 have been determined by a ,federal court to constitute an unprotected class of speech under the first amendment4 4 7b7 ,rule of construction ,the amendments made by subsection 7a7 may not be interpreted as imposing any limitations on the applicability of section #ajbh of title #ah1 ,united ,states ,code1 to any item which was covered by such section prior to the date of enactment of this ,act4 #f4 ,false personation 7a7 ,in general ,chapter #dc of title #ah of the ,united ,states ,code is amended by adding at the end a new section as follows3 #iah4 ,deep fake false personation generally ,section #iaa through #iag of this chapter 7relating to false personation of citizens of the ,united ,states1 officers1 or employees of the ,united ,states1 authorities making arrests or searches1 creditors of the ,united ,states1 foreign diplomats1 consults1 or officers1 #d-;,h ,club members or agents1 and ,red ,cross members or agents7 shall be interpreted to include those who produce1 or substantially knowingly contribute to the production and unlawful use of1 deep fakes which constitute an advanced technological false personation record1 as such terms are defined by section #b of the ,defending ,each and ,every ,person from ,false ,appearances by ,keeping ,exploitation ,subject to ,accountability ,act of #bjai and subject to parallel exceptions to those enumerated in section #b7;j7 of such ,act1 of such classes of persons covered by this chapter4 4 7b7 ,clerical amendment ,the table of sections for chapter #dc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #iah4 ,deep fake false personation generally4 4 #g4 ,detection of deep fakes 7a7 ,establishment of task force ,the ,secretary of ,homeland ,security1 in coordination with the heads of other relevant ,federal elements1 shall establish a task force within the ,science and ,technology ,directorate1 hereinafter referred to as the ,deep ,fakes ,task ,force1 to-- 7#a7 advance efforts of the ,united ,states ,government to combat the national security implications of deep fakes2 7#b7 as appropriate1 research and develop technologies to detect1 or otherwise counter and combat1 deep fakes and other advanced image manipulation methods and distinguish such deep fakes or related forgeries from legitimate audiovisual recordings or visual depictions of actual events2 7#c7 provide support1 both administrative and scientific1 to other ,federal elements researching such technologies2 7#d7 encourage efforts of the ,united ,states ,government to adopt such technology2 and 7#e7 facilitate discussion and appropriate cooperation between the ,united ,states ,government and relevant private sector technology enterprises or other nongovernmental entities1 including academic and research institutions1 regarding the identification of deep fakes or other advanced image manipulation methods4 7b7 ,private sector collaboration ,in the event the ,united ,states ,government develops technology to reliably detect deep fakes and distinguish such from legitimate audiovisual recordings or visual depictions of actual events1 the ,president shall1 unless he determines such is contrary to the national interests of the ,united ,states1 endeavor to make such technology available to appropriate ,united ,states private sector internet platforms1 including social networks4 7c7 ,annual report ,not later than one year after the date of the enactment of this ,act and annually thereafter for a period of five years1 the ,secretary of ,homeland ,security shall submit an unclassified report1 which may however contain a classified annex1 to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate describing-- 7#a7 the activities of the ,task ,force2 7#b7 as appropriate1 technological progress related to the detection of deep fakes2 7#c7 new developments related to the national security threat posed by deep fakes or related image manipulation technologies1 which shall include a description of any efforts of the ,russian ,federation and the ,people's ,republic of ,china1 and such other states or groups as the ,attorney ,general determines appropriate1 to distribute unlawful deep fakes in the ,united ,states or other democracies2 and 7#d7 related efforts of the ,united ,states to combat and counter deep fakes or related image manipulation technologies4 7d7 ,definition ,the term deep fake shall have the meaning given such term in section #ajda of title #ah1 ,united ,states ,code1 as added by section #b of this ,act4 #h4 ,congressional notification ,the ,secretary of ,homeland ,security1 on no less than an annual basis1 shall provide the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate with a classified written notification and1 upon request1 a briefing regarding any known attempts of foreign states to use deep fake technology to influence or otherwise interfere in an official proceeding within the ,united ,states1 including an election4 #i4 ,effective date ,this ,act shall enter into effect on the date that is one year after the date of enactment of this ,act4