,,ii #aaith ,,congress #ast ,session ,s4 #cdie ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #af1 #bjbe,ms4 ,klobuchar 7for herself and ,mrs4 ,capito7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prevent fraud enabled by artificial intelligence1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,artificial ,intelligence ,scam ,prevention ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,in #bjbd1 scammers stole over #a1djj1jjj1jjj through phone and text message scams from people in the ,united ,states4 7#b7 ,artificial intelligence presents many opportunities for advancement4 ,but some emerging technologies--including artificial intelligence-generated deepfakes and chatbots--are turbocharging scams1 creating new types of scams1 giving them broader reach1 and making them easier to commit4 ,the ,federal ,trade ,commission has committed to using all of its tools to detect1 deter1 and halt impersonation fraud4 7#c7 ,scammers only need a short sample of an individual's voice and information readily available on the internet to generate an authentic-seeming imitation4 7#d7 ,federal1 ,state1 and local law enforcement1 as well as the general public1 need updated laws to hold perpetrators accountable under the law4 #c4 ,impersonation and artificial intelligence-enabled fraud prevention 7a7 ,impersonation scams 7#a7 ,in general ,it shall be unlawful for any person to-- 7,a7 engage in a deceptive act or practice in or affecting commerce by impersonating a government1 business1 or any official thereof2 7,b7 replicate any individual's image or voice1 including through the use of artificial intelligence1 with the intent to defraud2 or 7,c7 provide substantial assistance to another person in violating subparagraphs 7,a7 or 7,b7 when they know or should reasonably know that such person is engaging in conduct described in subparagraph 7,a7 or 7,b74 7#b7 ,enforcement by the ,,ftc 7,a7 ,unfair or deceptive acts or practices ,a violation of this subsection shall be treated as a violation of a rule defining an unfair or deceptive act or practice 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 ,,ftc 7i7 ,in general ,the ,federal ,trade ,commission shall enforce this subsection 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 subsection4 7ii7 ,privileges and immunities ,any person who violates this subsection 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 7iii7 ,authority preserved ,nothing in this subsection shall be construed to limit the authority of the ,federal ,trade ,commission under any other provision of law4 7b7 ,seniors ,fraud ,advisory ,office ,section #abb7;a77#b77;,a7 of the ,seniors ,fraud ,prevention ,act of #bjbb 7#ae ,u4,s4,c4 #de;e7a77#b77;,a77 is amended by inserting information about scams enabled by artificial intelligence and after including4 #d4 ,text messaging and video conferencing 7a7 ,telemarketing and ,consumer ,fraud and ,abuse ,prevention ,act 7#a7 ,definitions ,section #g of the ,telemarketing and ,consumer ,fraud and ,abuse ,prevention ,act 7#ae ,u4,s4,c4 #fajf7 is amended-- 7,a7 in paragraph 7#d71 by inserting 1 text message1 or video conference call after interstate telephone call2 and 7,b7 by adding at the end the following new paragraphs3 7#e7 ,the term text message-- 7,a7 means a message consisting of text1 images1 sounds1 or other information that is transmitted-- 7i7 to or from a device that is identified as the receiving or transmitting device by means of a #aj-;digit telephone number1 ,n#aa service code1 short code telephone number1 or email address2 or 7ii7 through application-to-person messaging2 and 7,b7 includes-- 7i7 a short message service 7commonly referred to as #8,,sms'7 message2 7ii7 a multimedia message service 7commonly referred to as #8,,mms'7 message2 or 7iii7 a rich communication service 7commonly referred to as #8,,rcs'7 message2 and 7,c7 does not include a real-time1 #b-way voice or video communication4 7#f7 ,the term video conference call means a real-time1 video or audio communication between #b or more individuals but does not include a telephone call with no video capabilities4 4 7#b7 ,required disclosure for telemarketing using artificial intelligence ,section #c7;a77#c7 of the ,telemarketing and ,consumer ,fraud and ,abuse ,prevention ,act 7#ae ,u4,s4,c4 #fajb7;a77#c77 is amended-- 7,a7 in subparagraph 7,c71 by striking 2 and and inserting a comma2 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting 1 and2 and 7,c7 by inserting after subparagraph 7,d7 the following new paragraph3 7,e7 a requirement that any person that makes or transmits a telephone call or text message that employs artificial intelligence to emulate a human being shall promptly and clearly disclose to the person receiving the call or text message that such artificial intelligence is being used4 4 7b7 ,communications ,act of #aicd ,the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 is amended-- 7#a7 in section #bbg 7#dg ,u4,s4,c4 #bbg7-- 7,a7 in subsection 7a7-- 7i7 by redesignating paragraphs 7#a71 7#b71 7#c71 7#d71 and 7#e7 as paragraphs 7#b71 7#c71 7#d71 7#e71 and 7#h71 respectively2 7ii7 by inserting before paragraph 7#b71 as so redesignated1 the following3 7#a7 ,the term artificial or prerecorded voice includes any technological representation of speech or conduct that-- 7,a7 is generated-- 7i7 by any machine or computer2 or 7ii7 through the use of artificial intelligence2 and 7,b7 appears to authentically depict the speech or conduct of an individual who did not actually engage in that speech or conduct4 2 7iii7 in paragraph 7#b71 as so redesignated-- 7,i7 in subparagraph 7,a71 by inserting after called the following3 7or to have text messages sent to72 and 7,,ii7 in subparagraph 7,b71 by inserting 1 or send text messages to1 after to dial2 and 7iv7 by inserting after paragraph 7#e71 as so redesignated1 the following3 7#f7 ,the term text message-- 7,a7 means a message consisting of text1 images1 sounds1 or other information that is transmitted-- 7i7 to or from a device that is identified as the receiving or transmitting device by means of a #aj-;digit telephone number1 ,n#aa service code1 short code telephone number1 or email address2 or 7ii7 through application-to-person messaging2 7,b7 includes-- 7i7 a short message service 7commonly referred to as ,,sms7 message2 7ii7 a multimedia message service 7commonly referred to as ,,mms7 message2 or 7iii7 a rich communication service 7commonly referred to as ,,rcs7 message2 and 7,c7 does not include a real-time1 #b-way voice or video communication4 7#g7 ,the term text messaging service means a service that enables the transmission or receipt of a text message1 including a service provided as part of or in connection with a voice service4 2 7,b7 in subsection 7b77#a7-- 7i7 in subparagraph 7,a71 in the matter preceding clause 7i7-- 7,i7 by inserting or send any text message after make any call2 and 7,,ii7 by inserting or text message after 7other than a call2 7ii7 in subparagraph 7,b71 by striking residential2 and 7iii7 in subparagraph 7,c71 in the matter preceding clause 7i71 by inserting or to a mobile device as a text message1 after to send1 to a telephone facsimile machine12 and 7,c7 by adding at the end the following3 7k7 ,disclosures regarding the use of artificial intelligence ,if a person makes or transmits a call1 or sends a text message1 that is delivered using an automatic telephone dialing system1 or that uses artificial intelligence to emulate a human being1 the person shall include a disclosure at the beginning of the call or text message disclosing the fact that the automatic telephone dialing system or artificial intelligence1 as applicable1 is being used in that manner4 2 and 7#b7 in section #bcj7;e7 7#dg ,u4,s4,c4 #bcj7;e771 by adding at the end the following3 7#f7 ,no effect on the ,telemarketing and ,consumer ,fraud and ,abuse ,prevention ,act ,nothing in this section shall be construed to limit the application of the ,telemarketing and ,consumer ,fraud and ,abuse ,prevention ,act 7#ae ,u4,s4,c4 #faja et seq47 or part #caj of title #af1 ,code of ,federal ,regulations 7or any successor regulations74 4 #e4 ,reporting and other improvements 7a7 ,improving reporting and increasing awareness of ,artificial ,intelligence and other scams ,the ,federal ,trade ,commission1 in consultation with the ,attorney ,general and the ,federal ,communications ,commission1 may-- 7#a7 as soon as practicable after the date of enactment of this ,act1 update the web portal of the ,federal ,trade ,commission to include the latest information1 searchable by region and type of scam1 on scams enabled by artificial intelligence1 including contacts for relevant law enforcement and adult protective service agencies2 7#b7 establish procedures to-- 7,a7 log and acknowledge the receipt of complaints by individuals who believe they have been a victim of mail1 television1 internet1 telemarketing1 and robocall fraud in the ,consumer ,sentinel ,network1 and shall make those complaints immediately available to ,federal1 ,state1 and local law enforcement authorities2 and 7,b7 provide to individuals described in subparagraph 7,a71 and to any other persons1 specific and general information on mail1 television1 internet1 telemarketing1 and robocall fraud1 including descriptions of the most common schemes using such methods of communication2 and 7#c7 work with media outlets and law enforcement to distribute the information included in the web portal of the ,federal ,trade ,commission pursuant to paragraph 7#a7 to senior citizens and their families and caregivers4 7b7 ,,ftc and ,,fcc joint ,artificial ,intelligence ,scam ,prevention ,advisory ,group 7#a7 ,establishment ,there is established an ,artificial ,intelligence ,scams ,advisory ,group 7referred to in this subsection as the ,advisory ,group74 7#b7 ,members 7,a7 ,in general ,the ,advisory ,group shall be composed of the following individuals or the designees of those individuals3 7i7 ,the ,chair of the ,federal ,trade ,commission4 7ii7 ,the ,chair of the ,federal ,communications ,commission4 7iii7 ,the ,secretary of the ,treasury4 7iv7 ,the ,attorney ,general4 7v7 ,the ,director of the ,consumer ,financial ,protection ,bureau4 7vi7 ,representatives from each of the following sectors1 including trade associations1 to be selected by the ,federal ,trade ,commission in consultation with the ,federal ,communications ,commission3 7,i7 ,retail4 7,,ii7 ,gift cards4 7,,iii7 ,telecommunications 7including voice over internet protocol service providers74 7,,iv7 ,wire-transfer services4 7,v7 ,consumer advocacy organizations focused on preventing consumer scams4 7,b7 ,chair ,the ,advisory ,group shall be chaired by the ,chair of the ,federal ,trade ,commission and the ,chair of the ,federal ,communications ,commission4 7#c7 ,no compensation for members ,a member of the ,advisory ,group shall serve without compensation in addition to any compensation received for the service of the member as an officer or employee of the ,united ,states1 if applicable4 7#d7 ,duties 7,a7 ,in general ,the ,advisory ,group shall-- 7i7 collect information on the existence1 use1 and success of educational materials and programs for retailers1 financial services1 and wire-transfer companies1 which-- 7,i7 are used as a guide to educate employees on how to identify and prevent scams that are enabled by artificial intelligence2 and 7,,ii7 include-- 7aa7 useful information for retailers1 financial services1 and wire transfer companies for the purpose described in subclause 7,i72 7bb7 training for employees on ways to identify and prevent scams2 7cc7 best practices for keeping employees up to date on current scams2 7dd7 the most effective signage and placement of signage in retail locations to warn about the use of gift cards1 prepaid cards1 and wire transfer services by scammers2 7ee7 best practices for collaborative community education campaigns2 7ff7 available technology to assist in identifying possible scams at the point of sale2 and 7gg7 other information that is helpful to retailers1 wire transfer companies1 financial institutions1 and their employees as they work to prevent scams2 and 7ii7 based on the findings in clause 7i7-- 7,i7 identify inadequacies1 omissions1 or deficiencies in those educational materials and programs for the purposes listed in such clause and their execution in teaching employees to protect consumers2 and 7,,ii7 create model materials1 best practices1 guidance1 or recommendations to fill those inadequacies1 omissions1 or deficiencies that may be used by industry and others to help protect consumers from scams4 7,b7 ,encouraged use ,the ,chair of the ,federal ,trade ,commission and the ,chair of the ,federal ,communications ,commission shall-- 7i7 make the materials or guidance created by the ,advisory ,group publicly available2 and 7ii7 encourage the use and distribution of the materials or guidance created by the ,advisory ,group to government agencies and the private sector to prevent scams affecting consumers4 7#e7 ,report ,not later than #a year after the date of enactment of this ,act1 and annually thereafter until the date described in paragraph 7#f71 the ,advisory ,group shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the work of the ,advisory ,group1 together with the recommendations of the ,advisory ,group for such legislation and administrative actions as the ,advisory ,group considers appropriate4 7#f7 ,termination ,the ,advisory ,group shall terminate on the date that is #e years after the date of enactment of this ,act4 7c7 ,,ftc report on ,artificial ,intelligence enabled scams ,not later than #ahj days after the date of enactment of this ,act1 and annually thereafter1 the ,federal ,trade ,commission shall submit to ,congress a report that includes-- 7#a7 a description of the number and types of scams identified by the ,federal ,trade ,commission that use artificial intelligence2 and 7#b7 policy recommendations to prevent such scams1 especially as such scams relate to voice clone impersonation4 7d7 ,annual report to ,congress on robocalls and transmission of misleading or inaccurate caller identification information 7#a7 ,in general ,section #bbg7;h77#b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;h77#b77 is amended-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7i71 by striking that a consumer received a call in violation and inserting a violation2 7ii7 in clause 7ii71 by striking that a consumer received a call in violation and inserting a violation2 and 7iii7 in clause 7iii71 by striking that a consumer received a call in connection with which misleading or inaccurate caller identification information was transmitted in violation and inserting a violation2 7,b7 in subparagraph 7,f71 by striking calls made in violation and inserting violations2 and 7,c7 in subparagraph 7,g7-- 7i7 by inserting 7or high-volume1 unlawful text messages7 after unlawful1 short-duration calls2 and 7ii7 by striking calls made in violation each place that term appears and inserting violations4 7#b7 ,information sharing ,section #bbg7;i7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;i77 is amended-- 7,a7 by striking paragraph 7#b72 7,b7 by striking ,sharing in the subsection heading and all that follows through ,not later than and inserting the following3 ,sharing4--,not later than2 and 7,c7 by redesignating subparagraphs 7,a7 and 7,b7 as paragraphs 7#a7 and 7#b71 respectively1 and adjusting the margins accordingly4 7#c7 ,robocall blocking service ,section #bbg7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;j77 is amended-- 7,a7 by striking paragraph 7#b72 7,b7 by striking ,service in the subsection heading and all that follows through ,not later than and inserting the following3 ,service4--,not later than2 7,c7 by redesignating subparagraphs 7,a71 7,b71 and 7,c71 as paragraphs 7#a71 7#b71 and 7#c71 respectively1 and adjusting the margins accordingly2 and 7,d7 by redesignating clauses 7i7 and 7ii7 as subparagraphs 7,a7 and 7,b71 respectively1 and adjusting the margins accordingly4 7#d7 ,regulations ,not later than #bgj days after the date of enactment of this ,act1 the ,federal ,communications ,commission shall promulgate regulations to implement the amendments made by this subsection4