[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Pages S4491-S4493]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2202. Ms. KLOBUCHAR (for herself, Mr. Hawley, and Mr. Coons)
submitted an amendment intended to be proposed by her to the bill S.
4638, to authorize appropriations for fiscal year 2025 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X of division A, add the
following:
SEC. ___. 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
[[Page S4493]]
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 section, or an
amendment made by this section, or the application of such
provision to any person or circumstance, is held to be
invalid, the remainder of this section, or an amendment made
by this section, or the application of such provision to
other persons or circumstances, shall not be affected.
______