,,ii #aaith ,,congress #b;d ,session ,s4 #cihb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #d1 #bjbf,mr4 ,sheehy 7for himself and ,ms4 ,blunt ,rochester7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to establish protections against digital impersonation fraud1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,ai ,fraud ,accountability ,act of #bjbf4 #b4 ,criminal prohibition on use of digital impersonations to commit fraud 7a7 ,in general ,section #bbc of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbc7 is amended-- 7#a7 by redesignating subsection 7i7 as subsection 7j72 and 7#b7 by inserting after subsection 7h7 the following3 7i7 ,use of digital impersonations ,to commit fraud 7#a7 ,definitions ,in this subsection3 7,a7 ,digital impersonation ,the term digital impersonation means any visual or audio depiction of-- 7i7 an identifiable individual created through the use of software1 machine learning1 artificial intelligence1 or any other computer-generated or technological means1 including by adapting1 modifying1 manipulating1 or altering an authentic visual or audio depiction1 that1 when viewed or listened to as a whole by a reasonable person1 is indistinguishable from an authentic visual or audio depiction of the individual2 or 7ii7 an imaginary individual created through the use of software1 machine learning1 artificial intelligence1 or any other computer-generated or technological means1 including by adapting1 modifying1 manipulating1 or altering an authentic visual or audio depiction of an imaginary individual1 that1 when viewed or listened to as a whole by a reasonable person1 is indistinguishable from a visual or audio depiction of a real individual4 7,b7 ,identifiable individual ,the term identifiable individual means an individual-- 7i7 who appears in whole or in part1 or is heard1 in a digital impersonation2 and 7ii7 whose face1 likeness1 voice1 or other distinguishing characteristic 7including a unique birthmark or other recognizable feature7 is displayed or heard in connection with such digital impersonation4 7#b7 ,offense 7,a7 ,in general ,subject to subparagraph 7,b71 it shall be unlawful for a person1 in interstate or foreign communications1 to falsely pose as an identifiable individual or imaginary individual1 in a manner intended to be taken as genuine1 in a digital impersonation1 with intent to defraud a person of any money1 paper1 document1 or thing of value4 7,b7 ,exceptions ,subparagraph 7,a7 shall not apply to a lawfully authorized investigative1 protective1 or intelligence activity of-- 7i7 a law enforcement agency of the ,united ,states1 a ,state1 or a political subdivision of a ,state2 or 7ii7 an intelligence agency of the ,united ,states2 7#c7 ,penalties ,any person who violates paragraph 7#b7 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #c years1 or both4 7#d7 ,threats ,any person who intentionally threatens to commit the offense under paragraph 7#b7 for the purpose of intimidation1 coercion1 extortion1 or to create mental distress shall be punished as provided in paragraph 7#c74 7#e7 ,forfeiture 7,a7 ,in general ,the court1 in imposing a sentence on any person convicted of a violation of paragraph 7#b71 shall order1 in addition to any other sentence imposed and irrespective of any other sentence imposed and irrespective of any provision of ,state law1 that the person forfeit to the ,united ,states-- 7i7 the person's interest in property1 real or personal1 constituting or derived from any gross proceeds of the violation1 or any property traceable to such property1 obtained or retained directly or indirectly as a result of the violation2 and 7ii7 any personal property of the person used1 or intended to be used1 in any manner or part1 to commit or to facilitate the commission of the violation4 7,b7 ,procedures ,section #dac of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hec71 with the exception of subsections 7a7 and 7d71 shall apply to the criminal forfeiture of property under subparagraph 7,a74 7#f7 ,extraterritorial jurisdiction ,there is extraterritorial ,federal jurisdiction over an offense under paragraph 7#b74 4 7b7 ,defenses ,section #bbc7;e77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbc7;e77#a77 is amended by striking or 7h7 and inserting 7h71 or 7i74 #c4 ,protection against digital impersonation fraud 7a7 ,prohibition 7#a7 ,in general ,subject to paragraph 7#b71 it shall be unlawful for a person1 in interstate or foreign commerce1 to falsely pose as an identifiable or imaginary individual in a manner intended to be taken as genuine1 in a digital impersonation1 with intent to defraud a person of any money1 paper1 document1 or thing of value4 7#b7 ,exception ,the prohibition described in paragraph 7#a7 shall not apply to a lawfully authorized investigative1 protective1 or intelligence activity of-- 7,a7 a law enforcement agency of the ,united ,states1 a ,state1 or a political subdivision of a ,state2 or 7,b7 an intelligence agency of the ,united ,states4 7b7 ,enforcement by the ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of subsection 7a7 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 section 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 section4 7,b7 ,privileges and immunities ,any person who violates subsection 7a7 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 7c7 ,definitions ,for purposes of this section3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,digital impersonation2 identifiable individual ,the terms digital impersonation and identifiable individual have the meaning given such terms in section #bbc7;i7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbc7;i771 as added by section #b of this ,act4 #d4 ,working group on digital impersonation fraud 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,b7 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives4 7#b7 ,digital forensics ,the term digital forensics means scientific or technical practices used to recognize1 collect1 analyze1 or interpret digital evidence for the purposes of investigating crimes or other incidents1 including the use of digital impersonation to commit fraud4 7#c7 ,digital impersonation ,the term digital impersonation has the meaning given that term in section #bbc7;i7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbc7;i771 as added by section #b of this ,act4 7#d7 ,director ,the term ,director means the ,director of the ,national ,institute of ,standards and ,technology4 7b7 ,establishment of ,working ,group 7#a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary of ,commerce1 acting through the ,director1 shall convene a working group 7referred to in this section as the ,working ,group7 to engage in technical discussions and research for the development of best practices and recommendations for the recognition1 detection1 prevention1 and tracing of digital impersonations used in violation of section #bbc7;i7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbc7;i771 as amended by section #b of this ,act1 and section #c7;a7 of this ,act4 7#b7 ,composition ,the ,working ,group shall consist of-- 7,a7 representatives from-- 7i7 the ,department of ,justice2 7ii7 the ,federal ,trade ,commission2 7iii7 ,federal1 ,state1 and local government law enforcement agencies2 and 7iv7 private sector industries1 including-- 7,i7 financial services2 7,,ii7 health care2 7,,iii7 retail and e-commerce2 7,,iv7 telecommunications2 and 7,v7 digital platforms1 including social media platforms2 and 7,b7 scientists and engineers with expertise in-- 7i7 digital forensics2 and 7ii7 artificial intelligence1 including the generation or detection of digital impersonations4 7c7 ,public workshop ,the ,director shall-- 7#a7 convene not less than #a public workshop to solicit input from stakeholders on the best practices and recommendations developed under subsection 7b77#a72 and 7#b7 incorporate such input into the best practices and recommendations as the ,director considers appropriate4 7d7 ,publication of best practices and recommendations ,not later than #a year after the date of the enactment of this ,act1 the ,director shall publish on a publicly accessible website of the ,national ,institute of ,standards and ,technology a report that contains the best practices and recommendations developed pursuant to subsection 7b77#a7 and modified under subsection 7c77#b74 7e7 ,annual review and updates ,not later than #b years after the date of the enactment of this ,act1 and not less frequently than once each year thereafter1 the ,director shall-- 7#a7 review the best practices and recommendations developed under this section2 and 7#b7 update the best practices and recommendations published under subsection 7d7 as the ,director considers appropriate pursuant to the most recent review conducted pursuant to paragraph 7#a7 of this subsection4 7f7 ,report to ,congress ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,director shall submit to the appropriate committees of ,congress a report that summarizes-- 7#a7 the meetings and collaboration of the ,working ,group during the year preceding the submission of the report2 and 7#b7 the work planned by the ,working ,group for the year following the submission of the report4 7g7 ,sunset ,the requirements of this section shall terminate on the date that is #aj years after the date of the enactment of this ,act4 #e4 ,cooperation with foreign law enforcement agencies 7a7 ,list of countries with highest occurrence of violations ,not later than #ij days after the date of enactment of this section1 the ,federal ,trade ,commission 7in this section referred to as the ,commission71 in consultation with the ,attorney ,general and the ,secretary of ,state1 shall identify a list of the top #aj foreign countries where the highest occurrence of violations of section #b or #c originate and harm individuals located in the ,united ,states or a territory thereof4 7b7 ,,ftc international agreements 7#a7 ,in general ,using the list of foreign countries identified under subsection 7a71 the ,commission1 in coordination with the ,secretary of ,state1 may enter into agreements with such foreign countries to ensure the cooperation of any foreign law enforcement agency in the ,commission's enforcement of this ,act4 7#b7 ,requirements ,any agreement entered into by the ,commission under paragraph 7#a7 shall be subject to the requirements described in section #f7;j77#d7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #df7;j77#d774 7#c7 ,report to ,congress ,not later than #a year after the date of enactment of this section1 and annually thereafter1 the ,commission 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 implementation of this subsection during the reporting period1 including-- 7,a7 any new agreements with foreign countries 7as described in paragraph 7#a77 entered into during such period2 7,b7 any negotiations regarding new agreements or modifications to agreements with foreign countries during such period2 7,c7 a description of the ,commission's coordination with foreign law enforcement agencies to enforce alleged violations of section #c2 and 7,d7 any challenges with cooperation of foreign law enforcement agencies 7including with respect to foreign countries without an agreement under paragraph 7#a77 in the enforcement of section #c4 7c7 ,,doj review of international law enforcement agency agreements 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 and not less frequently than every #e years thereafter1 the ,attorney ,general shall review and1 as necessary and consistent with authorities under applicable law1 modify international agreements with foreign law enforcement agencies in foreign countries identified under subsection 7a7 to encourage assistance with the enforcement of violations of section #bbc7;i7 of the ,communications ,act of #aicd1 as added by section #b of this ,act1 that originate outside the ,united ,states4 7#b7 ,report ,not later than #a year after the date of enactment of this section1 and every #e years thereafter1 the ,attorney ,general shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on the ,judiciary of the ,house of ,representatives a report that includes-- 7,a7 an analysis of the review conducted under paragraph 7#a72 7,b7 a description of any modifications to international agreements described in paragraph 7#a7 pursued by the ,attorney ,general2 and 7,c7 recommendations to strengthen the enforcement of violations of section #bbc7;i7 of the ,communications ,act of #aicd1 as added by section #b of this ,act1 that-- 7i7 originate outside the ,united ,states2 and 7ii7 harm ,united ,states persons located in the ,united ,states4 #f4 ,savings clause ,nothing in this ,act shall be construed to restrict parody1 satire1 journalism1 or any other rights1 privileges1 or immunities protected by the ,first ,amendment to the ,constitution of the ,united ,states4