,,ii #aaith ,,congress #ast ,session ,s4 #acif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #i1 #bjbe ,ms4 ,cantwell 7for herself1 ,mrs4 ,blackburn1 and ,mr4 ,heinrich7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require transparency with respect to content and content provenance information1 to protect artistic content1 and for other purposes4 #a4 ,short title2 table of contents ,this ,act may be cited as the ,content ,origin ,protection and ,integrity from ,edited and ,deepfaked ,media ,act of #bjbe4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 there is a lack of-- 7,a7 visibility into how artificial intelligence systems work2 7,b7 transparency regarding the information used to train such systems2 and 7,c7 consensus-based standards and practices to guide the development and deployment of such systems2 7#b7 it is becoming increasingly difficult to assess the nature1 origins1 and authenticity of digital content that has been generated or modified algorithmically2 7#c7 these deficiencies negatively impact the public and1 particularly1 the journalists1 publishers1 broadcasters1 and artists whose content is used to train these systems and is manipulated to produce synthetic content and synthetically-modified content that competes unfairly in the digital marketplace with covered content2 and 7#d7 the development and adoption of consensus-based standards would mitigate these impacts1 catalyze innovation in this nascent industry1 and put the ,united ,states in a position to lead the development of artificial intelligence systems moving forward4 #c4 ,definitions ,in this title3 7#a7 ,artificial intelligence ,the term artificial intelligence has the meaning given the term in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7#b7 ,artificial intelligence blue-teaming ,the term artificial intelligence blue-teaming means an effort to conduct operational vulnerability evaluations and provide mitigation techniques to entities who have a need for an independent technical review of the security posture of an artificial intelligence system4 7#c7 ,artificial intelligence red-teaming ,the term artificial intelligence red-teaming means structured adversarial testing efforts of an artificial intelligence system to identify risks1 flaws1 and vulnerabilities of the artificial intelligence system1 such as harmful outputs from the system1 unforeseen or undesirable system behaviors1 limitations1 or potential risks associated with the misuse of the system4 7#d7 ,content provenance information ,the term content provenance information means state-of-the-art1 machine-readable information documenting the origin and history of a piece of digital content1 such as an image1 a video1 audio1 or text4 7#e7 ,covered content ,the term covered content means a digital representation1 such as text1 an image1 or audio or video content1 of any work of authorship described in section #ajb of title #ag1 ,united ,states ,code4 7#f7 ,covered platform ,the term covered platform means a website1 internet application1 or mobile application available to users in the ,united ,states1 including a social networking site1 video sharing service1 search engine1 or content aggregation service available to users in the ,united ,states1 that either-- 7,a7 generates at least #ej1jjj1jjj in annual revenue2 or 7,b7 had at least #be1jjj1jjj monthly active users for not fewer than #c of the #ab months immediately preceding any conduct by the covered platform in violation of this ,act4 7#g7 ,deepfake ,the term deepfake means synthetic content or synthetically-modified content that-- 7,a7 appears authentic to a reasonable person2 and 7,b7 creates a false understanding or impression4 7#h7 ,director ,the term ,director means the ,under ,secretary of ,commerce for ,intellectual ,property and ,director of the ,united ,states ,patent and ,trademark ,office4 7#i7 ,synthetic content ,the term synthetic content means information1 including works of human authorship such as images1 videos1 audio clips1 and text1 that has been wholly generated by algorithms1 including by artificial intelligence4 7#aj7 ,synthetically-modified content ,the term synthetically-modified content means information1 including works of human authorship such as images1 videos1 audio clips1 and text1 that has been significantly modified by algorithms1 including by artificial intelligence4 7#aa7 ,under ,secretary ,the term ,under ,secretary means the ,under ,secretary of ,commerce for ,standards and ,technology4 7#ab7 ,watermarking ,the term watermarking means the act of embedding information that is intended to be difficult to remove into an output1 including an output such as text1 an image1 an audio1 a video1 software code1 or any other digital content or data1 for the purposes of verifying the authenticity of the output or the identity or characteristics of its provenance1 modifications1 or conveyance #d4 ,facilitation of development of standards for content provenance information and detection of synthetic content and synthetically-modified content 7a7 ,in general ,the ,under ,secretary shall establish a public-private partnership to facilitate the development of standards regarding content provenance information technologies and the detection of synthetic content and synthetically-modified content1 including with respect to the following3 7#a7 ,facilitating the development of guidelines and voluntary1 consensus-based standards and best practices for watermarking1 content provenance information1 synthetic content and synthetically-modified content detection1 including for images1 audio1 video1 text1 and multimodal content1 the use of data to train artificial intelligence systems1 and such other matters relating to transparency of synthetic media as the ,under ,secretary considers appropriate4 7#b7 ,facilitating the development of guidelines1 metrics1 and practices to evaluate and assess tools to detect and label synthetic content1 synthetically-modified content1 and non-synthetic content1 including artificial intelligence red-teaming and artificial intelligence blue-teaming4 7#c7 ,establishing grand challenges and prizes in coordination with the ,defense ,advanced ,research ,projects ,agency and the ,national ,science ,foundation to detect and label synthetic content1 synthetically-modified content1 and non-synthetic content and to develop cybersecurity and other countermeasures to defend against tampering with detection tools1 watermarks1 or content provenance information4 7b7 ,consultation ,in developing the standards described in subsection 7a71 the ,under ,secretary shall consult with the ,register of ,copyrights and the ,director4 #e4 ,national ,institute of ,standards and ,technology research1 development1 and public education regarding synthetic content and synthetically-modified content 7a7 ,research and development ,the ,under ,secretary shall carry out a research program to enable advances in measurement science1 standards1 and testing relating to the robustness and efficacy of-- 7#a7 technologies for synthetic content and synthetically-modified content detection1 watermarking1 and content provenance information2 and 7#b7 cybersecurity protections and other countermeasures used to prevent tampering with such technologies4 7b7 ,public education campaigns regarding synthetic content ,not later than #a year after the date of enactment of this ,act1 the ,under ,secretary shall1 in consultation with the ,register of ,copyrights and the ,director1 carry out a public education campaign regarding synthetic content and synthetically-modified content 7including deepfakes71 watermarking1 and content provenance information4 #f4 ,requirements for content provenance information2 prohibited acts 7a7 ,content provenance information 7#a7 ,synthetic content and synthetically-modified content ,beginning on the date that is #b years after the date of enactment of this ,act1 any person who1 for a commercial purpose1 makes available in interstate commerce a tool used for the primary purpose of creating synthetic content or synthetically-modified content shall-- 7,a7 taking into consideration the content provenance information standards established under section #d1 provide users of such tool with the ability to include content provenance information that indicates the piece of digital content is synthetic content or synthetically-modified content for any synthetic content or synthetically-modified content created by the tool2 and 7,b7 in the event a user opts to include content provenance information under subparagraph 7,a71 establish1 to the extent technically feasible1 reasonable security measures to ensure that such content provenance information is machine-readable and not easily removed1 altered1 or separated from the underlying content4 7#b7 ,covered content ,beginning on the date that is #b years after the date of enactment of this ,act1 any person who1 for a commercial purpose1 makes available in interstate commerce a tool used for the primary purpose of creating or substantially modifying covered content shall-- 7,a7 taking into consideration the content provenance information standards established under section #d1 provide users of such tool with the ability to include content provenance information for any covered content created or significantly modified by the tool2 and 7,b7 in the event a user opts to include content provenance information under subparagraph 7,a71 establish1 to the extent technically feasible1 reasonable security measures to ensure that such content provenance information is machine-readable and not easily removed1 altered1 or separated from the underlying content4 7b7 ,removal of content provenance information 7#a7 ,in general ,it shall be unlawful for any person to knowingly remove1 alter1 tamper with1 or disable content provenance information in furtherance of an unfair or deceptive act or practice in or affecting commerce4 7#b7 ,covered platforms 7,a7 ,in general ,subject to subparagraph 7,b71 it shall be unlawful for a covered platform1 to remove1 alter1 tamper with1 or disable content provenance information or to separate the content provenance information from the content so that the content provenance information cannot be accessed by users of the platform4 7,b7 ,exception for security research ,a covered platform shall not be liable for a violation of subparagraph 7,a7 if such covered platform removes1 alters1 tampers with1 or disables content provenance information for a purpose necessary1 proportionate1 and limited to perform research to enhance the security of the covered platform4 7c7 ,prohibition on non-,consensual use of covered content that has attached or associated content provenance information ,it shall be unlawful for any person1 for a commercial purpose1 to knowingly use any covered content that has content provenance information that is attached to or associated with such covered content or covered content from which the person knows or should know that content provenance information has been removed or separated in violation of subsection 7b71 in order to train a system that uses artificial intelligence or an algorithm or to generate synthetic content or synthetically-modified content unless such person obtains the express1 informed consent of the person who owns the covered content1 and complies with any terms of use pertaining to the use of such content1 including terms regarding compensation for such use1 as required by the owner of copyright in such content4 #g4 ,enforcement 7a7 ,enforcement by the ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of this ,act or a regulation promulgated under this ,act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of the ,commission 7,a7 ,in general ,the ,commission shall enforce this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this title4 7,b7 ,privileges and immunities ,any person who violates this ,act1 or a regulation promulgated under this ,act shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7,c7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7b7 ,enforcement by ,states 7#a7 ,in general ,in any case in which the attorney general of a ,state has reason to believe that an interest of the residents of the ,state has been or is threatened or adversely affected by the engagement of any person in a practice that violates this ,act1 the attorney general of the ,state may1 as parens patriae1 bring a civil action on behalf of the residents of the ,state in an appropriate district court of the ,united ,states to-- 7,a7 enjoin further violation of this ,act by such person2 7,b7 compel compliance with this ,act2 7,c7 obtain damages1 restitution1 or other compensation on behalf of such residents2 and 7,d7 obtain such other relief as the court may consider to be appropriate4 7#b7 ,rights of the ,commission 7,a7 ,notice to the ,commission 7i7 ,in general ,except as provided in clause 7iii71 the attorney general of a ,state shall notify the ,commission in writing that the attorney general intends to bring a civil action under paragraph 7#a7 before initiating the civil action4 7ii7 ,contents ,the notification required by clause 7i7 with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action4 7iii7 ,exception ,if it is not feasible for the attorney general of a ,state to provide the notification required by clause 7i7 before initiating a civil action under paragraph 7#a71 the attorney general shall notify the ,commission immediately upon instituting the civil action4 7,b7 ,intervention by the commission ,the ,commission may-- 7i7 intervene in any civil action brought by the attorney general of a ,state under paragraph 7#a72 and 7ii7 upon intervening-- 7,i7 be heard on all matters arising in the civil action2 and 7,,ii7 file petitions for appeal of a decision in the civil action4 7#c7 ,investigatory powers ,nothing in this subsection may be construed to prevent the attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of the ,state to conduct investigations1 to administer oaths or affirmations1 or to compel the attendance of witnesses or the production of documentary or other evidence4 7#d7 ,action by the ,commission ,if the ,commission institutes a civil action or an administrative action with respect to a violation of this ,act1 the attorney general of a ,state may not1 during the pendency of such action1 bring a civil action under paragraph 7#a7 against any defendant named in the complaint of the ,commission for the violation with respect to which the ,commission instituted such action4 7#e7 ,venue2 service or process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in-- 7i7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7ii7 another court of competent jurisdiction4 7,b7 ,service of process ,in an action brought under paragraph 7#a71 process may be served in any district in which the defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 7#f7 ,actions by other ,state officials 7,a7 ,in general ,in addition to civil actions brought by attorneys general under paragraph 7#a71 any other officer of a ,state who is authorized by the ,state to do so may bring a civil action under paragraph 7#a71 subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general4 7,b7 ,savings provision ,nothing in this subsection may be construed to prohibit an authorized official of a ,state from initiating or continuing any proceeding in a court of the ,state for a violation of any civil or criminal law of the ,state4 7#g7 ,damages ,if a person brings a civil action for a violation of this ,act pursuant to subsection 7c7 and receives any monetary damages1 the court shall reduce the amount of any damages awarded under this subsection by the amount of monetary damages awarded to such person4 7c7 ,enforcement by private parties and government entities 7#a7 ,in general ,any person who owns covered content that has content provenance information that is attached to or associated with such covered content may bring a civil action in a court of competent jurisdiction against-- 7,a7 any person or covered platform for removing1 altering1 tampering with1 or disabling such content provenance information in violation of subsection 7b77#a7 or 7b77#b7 of section #f2 and 7,b7 any person for using such covered content in violation of section #f7;c74 7#b7 ,relief ,in a civil action brought under paragraph 7#a7 in which the plaintiff prevails1 the court may award the plaintiff declaratory or injunctive relief1 compensatory damages1 and reasonable litigation expenses1 including a reasonable attorney's fee4 7#c7 ,statute of limitations ,an action for a violation of this ,act brought under this subsection may be commenced not later than #d years after the date upon which the plaintiff discovers or should have discovered the facts giving rise to such violation4 #h4 ,rule of construction ,this ,act does not impair or in any way alter the rights of copyright owners under any other applicable law4 #i4 ,severability ,if any provision of this ,act1 or an amendment made by this ,act1 is determined to be unenforceable or invalid1 the remaining provisions of this ,act and the amendments made by this ,act shall not be affected4