[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2770 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 388
118th CONGRESS
  2d Session
                                S. 2770

To prohibit the distribution of materially deceptive AI-generated audio 
  or visual media relating to candidates for Federal office, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2023

Ms. Klobuchar (for herself, Mr. Hawley, Mr. Coons, Ms. Collins, and Mr. 
    Bennet) introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

                              May 15, 2024

              Reported by Ms. Klobuchar, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To prohibit the distribution of materially deceptive AI-generated audio 
  or visual media relating to candidates for Federal office, 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 ``Protect Elections from 
Deceptive AI Act''.</DELETED>

<DELETED>SEC. 2. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE 
              AI-GENERATED AUDIO OR VISUAL MEDIA PRIOR TO 
              ELECTION.</DELETED>

<DELETED>    (a) In General.--Title III of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at 
the end the following new section:</DELETED>

<DELETED>``SEC. 325. PROHIBITION ON DISTRIBUTION OF MATERIALLY 
              DECEPTIVE AI-GENERATED AUDIO OR VISUAL MEDIA.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Covered individual.--The term `covered 
        individual' means a candidate for Federal office.</DELETED>
        <DELETED>    ``(2) Deceptive ai-generated audio or visual 
        media.--The term `deceptive AI-generated audio or visual media' 
        means an image, audio, or video that--</DELETED>
                <DELETED>    ``(A) is the product of artificial 
                intelligence or machine learning, including deep 
                learning techniques, that--</DELETED>
                        <DELETED>    ``(i) merges, combines, replaces, 
                        or superimposes content onto an image, audio, 
                        or video, creating an image, audio, or video 
                        that appears authentic; or</DELETED>
                        <DELETED>    ``(ii) generates an inauthentic 
                        image, audio, or video that appears authentic; 
                        and</DELETED>
                <DELETED>    ``(B) a reasonable person, having 
                considered the qualities of the image, audio, or video 
                and the nature of the distribution channel in which the 
                image, audio, or video appears--</DELETED>
                        <DELETED>    ``(i) would have a fundamentally 
                        different understanding or impression of the 
                        appearance, speech, or expressive conduct 
                        exhibited in the image, audio, or video than 
                        that person would have if that person were 
                        hearing or seeing the unaltered, original 
                        version of the image, audio, or video; 
                        or</DELETED>
                        <DELETED>    ``(ii) would believe that the 
                        image, audio, or video accurately exhibits any 
                        appearance, speech, or expressive conduct of a 
                        person who did not actually exhibit such 
                        appearance, speech, or expressive 
                        conduct.</DELETED>
        <DELETED>    ``(3) Federal election activity.--The term 
        `Federal election activity' has the meaning given the term in 
        section 301(20)(A)(iii).</DELETED>
<DELETED>    ``(b) Prohibition.--Except as provided in subsection (c), 
a person, political committee, or other entity may not knowingly 
distribute materially deceptive AI-generated audio or visual media of a 
covered individual, or in carrying out a Federal election activity, 
with the intent to--</DELETED>
        <DELETED>    ``(1) influence an election; or</DELETED>
        <DELETED>    ``(2) solicit funds.</DELETED>
<DELETED>    ``(c) Inapplicability to Certain Entities.--This section 
shall not apply to the following:</DELETED>
        <DELETED>    ``(1) A radio or television broadcasting station, 
        including a cable or satellite television operator, programmer, 
        or producer, or a streaming service that broadcasts materially 
        deceptive AI-generated audio or visual media prohibited by this 
        section as part of a bona fide newscast, news interview, news 
        documentary, or on-the-spot coverage of bona fide news events, 
        if the broadcast clearly acknowledges through content or a 
        disclosure, in a manner that can be easily heard or read by the 
        average listener or viewer, that there are questions about the 
        authenticity of the materially deceptive AI-generated audio or 
        visual media.</DELETED>
        <DELETED>    ``(2) A regularly published newspaper, magazine, 
        or other periodical of general circulation, including an 
        internet or electronic publication, that routinely carries news 
        and commentary of general interest, and that publishes 
        materially deceptive AI-generated audio or visual media 
        prohibited under this section, if the publication clearly 
        states that the materially deceptive AI-generated audio or 
        visual media does not accurately represent the speech or 
        conduct of the covered individual.</DELETED>
        <DELETED>    ``(3) Materially deceptive AI-generated audio or 
        visual media that constitutes satire or parody.</DELETED>
<DELETED>    ``(d) Civil Action.--</DELETED>
        <DELETED>    ``(1) Injunctive or other equitable relief.--
        </DELETED>
                <DELETED>    ``(A) In general.--A covered individual 
                whose voice or likeness appears in, or who is the 
                subject of, a materially deceptive AI-generated audio 
                or visual media, including content distributed as part 
                of a Federal election activity, distributed in 
                violation of this section may seek injunctive or other 
                equitable relief prohibiting the distribution of 
                materially deceptive AI-generated audio or visual media 
                in violation of this section.</DELETED>
                <DELETED>    ``(B) Precedence.--An action under this 
                paragraph shall be entitled to precedence in accordance 
                with the Federal Rules of Civil Procedure.</DELETED>
        <DELETED>    ``(2) Damages.--</DELETED>
                <DELETED>    ``(A) In general.--A covered individual 
                whose voice or likeness appears in, or who is the 
                subject of, a materially deceptive AI-generated audio 
                or visual media, including content distributed as part 
                of a Federal election activity, distributed in 
                violation of this section may bring an action for 
                general or special damages against the person, 
                committee, or other entity that distributed the 
                materially deceptive AI-generated audio or visual 
                media.</DELETED>
                <DELETED>    ``(B) Attorney's fees and costs.--In 
                addition to any damages awarded under subparagraph (A), 
                the court may also award a prevailing party reasonable 
                attorney's fees and costs.</DELETED>
                <DELETED>    ``(C) Rule of construction.--Nothing in 
                this paragraph shall be construed to limit or preclude 
                a plaintiff from securing or recovering any other 
                available remedy.</DELETED>
        <DELETED>    ``(3) Burden of proof.--In any civil action 
        alleging a violation of this section, the plaintiff shall bear 
        the burden of establishing the violation through clear and 
        convincing evidence.''.</DELETED>
<DELETED>    (b) Effect on Defamation Action.--For purposes of an 
action for defamation, a violation of section 325 of the Federal 
Election Campaign Act of 1971, as added by subsection (a), shall 
constitute defamation per se.</DELETED>
<DELETED>    (c) Severability.--If any provision of this Act, or an 
amendment made by this Act, or the application of such provision to any 
person or circumstance, is held to be invalid, the remainder of this 
Act, or an amendment made by this Act, or the application of such 
provision to other persons or circumstances, shall not be 
affected.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Elections from Deceptive AI 
Act''.

SEC. 2. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE AI-
              GENERATED AUDIO OR VISUAL MEDIA PRIOR TO ELECTION.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the 
following new section:

``SEC. 325. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE AI-
              GENERATED AUDIO OR VISUAL MEDIA.

    ``(a) Definitions.--In this section:
            ``(1) Covered individual.--The term `covered individual' 
        means a candidate for Federal office.
            ``(2) Deceptive ai-generated audio or visual media.--The 
        term `deceptive AI-generated audio or visual media' means an 
        image, audio, or video that--
                    ``(A) is the product of artificial intelligence 
                technology that uses machine learning (including deep 
                learning models, natural learning processing, or any 
                other computational processing techniques of similar or 
                greater complexity), that--
                            ``(i) merges, combines, replaces, or 
                        superimposes content onto an image, audio, or 
                        video, creating an image, audio, or video that 
                        appears authentic; or
                            ``(ii) generates an inauthentic image, 
                        audio, or video that appears authentic; and
                    ``(B) a reasonable person, having considered the 
                qualities of the image, audio, or video and the nature 
                of the distribution channel in which the image, audio, 
                or video appears--
                            ``(i) would have a fundamentally different 
                        understanding or impression of the appearance, 
                        speech, or expressive conduct exhibited in the 
                        image, audio, or video than that person would 
                        have if that person were hearing or seeing the 
                        unaltered, original version of the image, 
                        audio, or video; or
                            ``(ii) would believe that the image, audio, 
                        or video accurately exhibits any appearance, 
                        speech, or expressive conduct of a person who 
                        did not actually exhibit such appearance, 
                        speech, or expressive conduct.
            ``(3) Federal election activity.--The term `Federal 
        election activity' has the meaning given the term in section 
        301(20)(A)(iii).
    ``(b) Prohibition.--Except as provided in subsection (c), a person, 
political committee, or other entity may not knowingly distribute 
materially deceptive AI-generated audio or visual media in carrying out 
a Federal election activity or of a covered individual for the purpose 
of--
            ``(1) influencing an election; or
            ``(2) soliciting funds.
    ``(c) Inapplicability to Certain Entities.--This section shall not 
apply to the following:
            ``(1) A radio or television broadcasting station, including 
        a cable or satellite television operator, programmer, or 
        producer, or a streaming service that broadcasts materially 
        deceptive AI-generated audio or visual media prohibited by this 
        section as part of a bona fide newscast, news interview, news 
        documentary, or on-the-spot coverage of bona fide news events, 
        if the broadcast clearly acknowledges through content or a 
        disclosure, in a manner that can be easily heard or read by the 
        average listener or viewer, that there are questions about the 
        authenticity of the materially deceptive AI-generated audio or 
        visual media.
            ``(2) A regularly published newspaper, magazine, or other 
        periodical of general circulation, including an internet or 
        electronic publication, that routinely carries news and 
        commentary of general interest, and that publishes materially 
        deceptive AI-generated audio or visual media prohibited under 
        this section, if the publication clearly states that the 
        materially deceptive AI-generated audio or visual media does 
        not accurately represent the speech or conduct of the covered 
        individual.
            ``(3) Materially deceptive AI-generated audio or visual 
        media that constitutes satire or parody.
    ``(d) Civil Action.--
            ``(1) Injunctive or other equitable relief.--
                    ``(A) In general.--A covered individual whose voice 
                or likeness appears in, or who is the subject of, a 
                materially deceptive AI-generated audio or visual 
                media, including content distributed as part of a 
                Federal election activity, distributed in violation of 
                this section may seek injunctive or other equitable 
                relief prohibiting the distribution of materially 
                deceptive AI-generated audio or visual media in 
                violation of this section.
                    ``(B) Precedence.--An action under this paragraph 
                shall be entitled to precedence in accordance with the 
                Federal Rules of Civil Procedure.
            ``(2) Damages.--
                    ``(A) In general.--A covered individual whose voice 
                or likeness appears in, or who is the subject of, a 
                materially deceptive AI-generated audio or visual 
                media, including content distributed as part of a 
                Federal election activity, distributed in violation of 
                this section may bring an action for general or special 
                damages against the person, committee, or other entity 
                that distributed the materially deceptive AI-generated 
                audio or visual media.
                    ``(B) Attorney's fees and costs.--In addition to 
                any damages awarded under subparagraph (A), the court 
                may also award a prevailing party reasonable attorney's 
                fees and costs.
                    ``(C) Rule of construction.--Nothing in this 
                paragraph shall be construed to limit or preclude a 
                plaintiff from securing or recovering any other 
                available remedy.
            ``(3) Burden of proof.--In any civil action alleging a 
        violation of this section, the plaintiff shall bear the burden 
        of establishing the violation through clear and convincing 
        evidence.''.
    (b) Severability.--If any provision of this Act, or an amendment 
made by this Act, or the application of such provision to any person or 
circumstance, is held to be invalid, the remainder of this Act, or an 
amendment made by this Act, or the application of such provision to 
other persons or circumstances, shall not be affected.
                                                       Calendar No. 388

118th CONGRESS

  2d Session

                                S. 2770

_______________________________________________________________________

                                 A BILL

To prohibit the distribution of materially deceptive AI-generated audio 
  or visual media relating to candidates for Federal office, and for 
                            other purposes.

_______________________________________________________________________

                              May 15, 2024

                       Reported with an amendment