[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2765 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2765

   To require a watermark for AI-generated materials, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2023

 Mr. Ricketts introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To require a watermark for AI-generated materials, 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 ``Advisory for AI-Generated Content 
Act''.

SEC. 2. WATERMARKS ON AI-GENERATED MATERIALS.

    (a) In General.--
            (1) Watermark requirement.--It shall be unlawful for an AI-
        generating entity to create covered AI-generated material 
        unless such material includes a watermark that meets the 
        standards established by the Commission under paragraph (2).
            (2) Standards for ai watermarks.--Not later than 180 days 
        after the date of enactment of this section, the Commission, in 
        consultation with the Federal Communications Commission, the 
        Attorney General, and the Secretary of Homeland Security, shall 
        issue regulations to establish standards for the watermarks 
        required under paragraph (1).
            (3) Effective date.--The requirement established under 
        paragraph (1) shall take effect on the date that is 1 year 
        after the date on which the Commission promulgates the 
        regulations required under paragraph (2).
    (b) Enforcement.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        this section or a regulation promulgated thereunder shall be 
        treated as a violation of a rule defining an unfair or 
        deceptive act or practice under section 18(a)(1)(B) of the 
        Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Powers of the commission.--
                    (A) In general.--The Commission shall enforce this 
                section in the same manner, by the same means, and with 
                the same jurisdiction, powers, and duties as though all 
                applicable terms and provisions of the Federal Trade 
                Commission Act (15 U.S.C. 41 et seq.) were incorporated 
                into and made a part of this Act.
                    (B) Privileges and immunities.--Any person who 
                violates this section or a regulation promulgated 
                thereunder shall be subject to the penalties and 
                entitled to the privileges and immunities provided in 
                the Federal Trade Commission Act (15 U.S.C. 41 et 
                seq.).
                    (C) Authority preserved.--Nothing in this section 
                shall be construed to limit the authority of the 
                Commission under any other provision of law.
                    (D) Rulemaking.--The Commission shall promulgate in 
                accordance with section 553 of title 5, United States 
                Code, such rules as may be necessary to carry out this 
                section.
    (c) Definitions.--In this section:
            (1) AI-generating entity.--The term ``AI-generating 
        entity'' means an entity that generates, creates, or otherwise 
        produces AI-generated material.
            (2) AI-generated material.--The term ``AI-generated 
        material'' means artificial intelligence technology that can 
        produce various types of content, including text, images, 
        audio, or synthetic data.
            (3) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (4) Covered ai-generated material.--The term ``covered AI-
        generated material'' means AI-generated material that--
                    (A) impersonates a specific individual or group of 
                individuals;
                    (B) is represented as original material by the AI-
                generating entity that produced the material, including 
                with respect to artwork, songs, or news media; or
                    (C) meets such criteria as the Commission may 
                establish.
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