[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2065 Reported in Senate (RS)]
<DOC>
Calendar No. 197
116th CONGRESS
1st Session
S. 2065
[Report No. 116-93]
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, Mr. Peters, and Ms. Hassan) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
September 10, 2019
Reported by Mr. Johnson, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Deepfake Report Act of
2019''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.</DELETED>
<DELETED>SEC. 3. REPORTS ON DIGITAL CONTENT FORGERY
TECHNOLOGY.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Contents.--Each report produced under subsection (a)
shall include--</DELETED>
<DELETED> (1) an assessment of the underlying technologies
used to create or propagate digital content forgeries,
including the evolution of such technologies;</DELETED>
<DELETED> (2) a description of the types of digital content
forgeries, including use--</DELETED>
<DELETED> (A) by foreign or domestic sources;
and</DELETED>
<DELETED> (B) in cyber attacks, pornography, and
media;</DELETED>
<DELETED> (3) an assessment of how foreign governments, and
the proxies and networks thereof, use, or could use, digital
content forgeries to harm national security;</DELETED>
<DELETED> (4) an assessment of how non-governmental entities
in the United States, use, or could use, digital content
forgeries;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (7) a description of the technological counter-
measures that are, or could be, used to address concerns with
digital content forgery technology;</DELETED>
<DELETED> (8) recommendations regarding whether additional
legal authorities are needed to address the findings of the
report; and</DELETED>
<DELETED> (9) any additional information the Secretary
determines appropriate.</DELETED>
<DELETED> (c) Consultation and Public Hearings.--In producing each
report required under subsection (a), the Secretary shall--</DELETED>
<DELETED> (1) consult with--</DELETED>
<DELETED> (A) the intelligence community (as defined
in section 3 of the National Security Act of 1947 (50
U.S.C. 3003));</DELETED>
<DELETED> (B) the Secretary of Defense;</DELETED>
<DELETED> (C) the Chairman of the Joint Chiefs of
Staff;</DELETED>
<DELETED> (D) the Department of Justice, Computer
Crime and Intellectual Property Section;</DELETED>
<DELETED> (E) the Office of Science and Technology
Policy;</DELETED>
<DELETED> (F) the National Institute of Standards
and Technology;</DELETED>
<DELETED> (G) the National Science
Foundation;</DELETED>
<DELETED> (H) the Federal Election
Commission;</DELETED>
<DELETED> (I) the Federal Trade Commission;
and</DELETED>
<DELETED> (J) any other agency of the Federal
government that the Secretary considers necessary;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Form of Report.--Each report produced under subsection
(a) shall be produced in unclassified form, but may contain a
classified annex.</DELETED>
<DELETED> (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.</DELETED>
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 1 year after the date of enactment
of this Act, and annually thereafter for 5 years, 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 those used to commit fraud, cause harm, or
violate civil rights recognized under Federal law;
(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,
including the impact on individuals;
(6) an analysis of the methods used to determine whether
content is genuinely created by a human or through digital
content forgery technology and an assessment of any effective
heuristics used to make such a determination, as well as
recommendations on how to identify and address suspect content
and elements to provide warnings to users of the content;
(7) a description of the technological counter-measures
that are, or could be, used to address concerns with digital
content forgery technology; and
(8) any additional information the Secretary determines
appropriate.
(c) Consultation and Public Hearings.--In producing each report
required under subsection (a), the Secretary may--
(1) consult with 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 required 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 (commonly known as the
``Freedom of Information Act'').
(f) Applicability of the Paperwork Reduction Act.--Subchapter I of
chapter 35 of title 44, United States Code (commonly known as the
``Paperwork Reduction Act''), shall not apply to this Act.
Calendar No. 197
116th CONGRESS
1st Session
S. 2065
[Report No. 116-93]
_______________________________________________________________________
A BILL
To require the Secretary of Homeland Security to publish an annual
report on the use of deepfake technology, and for other purposes.
_______________________________________________________________________
September 10, 2019
Reported with an amendment