[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