[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2065 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2065

  To require the Secretary of Homeland Security to publish an annual 
   report on the use of deepfake technology, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 9, 2019

 Mr. Portman (for himself, Mr. Heinrich, Mr. Schatz, Mr. Gardner, Mr. 
Rounds, Ms. Ernst, and Mr. Peters) introduced the following bill; which 
 was read twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To require the Secretary of Homeland Security to publish an annual 
   report on the use of deepfake technology, and for other purposes.

    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 ``Deepfake Report Act of 2019''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Digital content forgery.--The term ``digital content 
        forgery'' means the use of emerging technologies, including 
        artificial intelligence and machine learning techniques, to 
        fabricate or manipulate audio, visual, or text content with the 
        intent to mislead.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 3. REPORTS ON DIGITAL CONTENT FORGERY TECHNOLOGY.

    (a) In General.--Not later than 200 days after the date of 
enactment of this Act and every 18 months thereafter, the Secretary, 
acting through the Under Secretary for Science and Technology, shall 
produce a report on the state of digital content forgery technology.
    (b) Contents.--Each report produced under subsection (a) shall 
include--
            (1) an assessment of the underlying technologies used to 
        create or propagate digital content forgeries, including the 
        evolution of such technologies;
            (2) a description of the types of digital content 
        forgeries, including use--
                    (A) by foreign or domestic sources; and
                    (B) in cyber attacks, pornography, and media;
            (3) an assessment of how foreign governments, and the 
        proxies and networks thereof, use, or could use, digital 
        content forgeries to harm national security;
            (4) an assessment of how non-governmental entities in the 
        United States, use, or could use, digital content forgeries;
            (5) an assessment of the uses, applications, dangers, and 
        benefits of deep learning technologies used to generate high 
        fidelity artificial content of events that did not occur;
            (6) an analysis of the methods used to determine whether 
        content is genuinely created by a human or through digital 
        content forgery technology, including an assessment of any 
        effective heuristics used to make such a determination;
            (7) a description of the technological counter-measures 
        that are, or could be, used to address concerns with digital 
        content forgery technology;
            (8) recommendations regarding whether additional legal 
        authorities are needed to address the findings of the report; 
        and
            (9) any additional information the Secretary determines 
        appropriate.
    (c) Consultation and Public Hearings.--In producing each report 
required under subsection (a), the Secretary shall--
            (1) consult with--
                    (A) the intelligence community (as defined in 
                section 3 of the National Security Act of 1947 (50 
                U.S.C. 3003));
                    (B) the Secretary of Defense;
                    (C) the Chairman of the Joint Chiefs of Staff;
                    (D) the Department of Justice, Computer Crime and 
                Intellectual Property Section;
                    (E) the Office of Science and Technology Policy;
                    (F) the National Institute of Standards and 
                Technology;
                    (G) the National Science Foundation;
                    (H) the Federal Election Commission;
                    (I) the Federal Trade Commission; and
                    (J) any other agency of the Federal government that 
                the Secretary considers necessary; and
            (2) conduct public hearings to gather, or otherwise allow 
        interested parties an opportunity to present, information and 
        advice relevant to the production of the report.
    (d) Form of Report.--Each report produced under subsection (a) 
shall be produced in unclassified form, but may contain a classified 
annex.
    (e) Applicability of FOIA.--Nothing in this Act, or in a report 
produced under this section, shall be construed to allow the disclosure 
of information or a record that is exempt from public disclosure under 
section 552 of title 5, United States Code.
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