[Congressional Record Volume 170, Number 120 (Wednesday, July 24, 2024)]
[Senate]
[Pages S5366-S5368]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3070. Ms. CANTWELL 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, add the following:
SEC. 1095. TRANSPARENCY WITH RESPECT TO CONTENT PROVENANCE
INFORMATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) there is a lack of--
(A) visibility into how artificial intelligence systems
work;
(B) transparency regarding the information used to train
such systems; and
(C) consensus-based standards and practices to guide the
development and deployment of such systems;
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(2) it is becoming increasingly difficult to assess the
nature, origins, and authenticity of digital content that has
been generated or modified algorithmically;
(3) these deficiencies negatively impact the public and,
particularly, the journalists, publishers, broadcasters, and
artists whose content is used to train these systems and is
manipulated to produce synthetic content and synthetically-
modified content that competes unfairly in the digital
marketplace with covered content; and
(4) the development and adoption of consensus-based
standards would mitigate these impacts, catalyze innovation
in this nascent industry, and put the United States in a
position to lead the development of artificial intelligence
systems moving forward.
(b) Definitions.--In this section:
(1) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given the term in section 5002
of the National Artificial Intelligence Initiative Act of
2020 (15 U.S.C. 9401).
(2) Artificial intelligence blue-teaming.--The term
``artificial intelligence blue-teaming'' means an effort to
conduct operational vulnerability evaluations and provide
mitigation techniques to entities who have a need for an
independent technical review of the security posture of an
artificial intelligence system.
(3) Artificial intelligence red-teaming.--The term
``artificial intelligence red-teaming'' means structured
adversarial testing efforts of an artificial intelligence
system to identify risks, flaws, and vulnerabilities of the
artificial intelligence system, such as harmful outputs from
the system, unforeseen or undesirable system behaviors,
limitations, or potential risks associated with the misuse of
the system.
(4) Content provenance information.--The term ``content
provenance information'' means state-of-the-art, machine-
readable information documenting the origin and history of a
piece of digital content, such as an image, a video, audio,
or text.
(5) Covered content .--The term ``covered content'' means a
digital representation, such as text, an image, or audio or
video content, of any work of authorship described in section
102 of title 17, United States Code.
(6) Covered platform.--The term ``covered platform'' means
a website, internet application, or mobile application
available to users in the United States, including a social
networking site, video sharing service, search engine, or
content aggregation service available to users in the United
States, that either--
(A) generates at least $50,000,000 in annual revenue; or
(B) had at least 25,000,000 monthly active users for not
fewer than 3 of the 12 months immediately preceding any
conduct by the covered platform in violation of this Act.
(7) Deepfake.--The term ``deepfake'' means synthetic
content or synthetically-modified content that--
(A) appears authentic to a reasonable person; and
(B) creates a false understanding or impression.
(8) Director.--The term ``Director'' means the Under
Secretary of Commerce for Intellectual Property and Director
of the United States Patent and Trademark Office.
(9) Synthetic content.--The term ``synthetic content''
means information, including works of human authorship such
as images, videos, audio clips, and text, that has been
wholly generated by algorithms, including by artificial
intelligence.
(10) Synthetically-modified content.--The term
``synthetically-modified content'' means information,
including works of human authorship such as images, videos,
audio clips, and text, that has been significantly modified
by algorithms, including by artificial intelligence.
(11) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Standards and Technology.
(12) Watermarking.--The term ``watermarking'' means the act
of embedding information that is intended to be difficult to
remove into an output, including an output such as text, an
image, an audio, a video, software code, or any other digital
content or data, for the purposes of verifying the
authenticity of the output or the identity or characteristics
of its provenance, modifications, or conveyance
(c) Facilitation of Development of Standards for Content
Provenance Information and Detection of Synthetic Content and
Synthetically-Modified Content.--
(1) In general.--The Under Secretary shall establish a
public-private partnership to facilitate the development of
standards regarding content provenance information
technologies and the detection of synthetic content and
synthetically-modified content, including with respect to the
following:
(A) Facilitating the development of guidelines and
voluntary, consensus-based standards and best practices for
watermarking, content provenance information, synthetic
content and synthetically-modified content detection,
including for images, audio, video, text, and multimodal
content, the use of data to train artificial intelligence
systems, and such other matters relating to transparency of
synthetic media as the Under Secretary considers appropriate.
(B) Facilitating the development of guidelines, metrics,
and practices to evaluate and assess tools to detect and
label synthetic content, synthetically-modified content, and
non-synthetic content, including artificial intelligence red-
teaming and artificial intelligence blue-teaming.
(C) Establishing grand challenges and prizes in
coordination with the Defense Advanced Research Projects
Agency and the National Science Foundation to detect and
label synthetic content, synthetically-modified content, and
non-synthetic content and to develop cybersecurity and other
countermeasures to defend against tampering with detection
tools, watermarks, or content provenance information.
(2) Consultation.--In developing the standards described in
paragraph (1), the Under Secretary shall consult with the
Register of Copyrights and the Director.
(d) National Institute of Standards and Technology
Research, Development, and Public Education Regarding
Synthetic Content and Synthetically-Modified Content.--
(1) Research and development.--The Under Secretary shall
carry out a research program to enable advances in
measurement science, standards, and testing relating to the
robustness and efficacy of--
(A) technologies for synthetic content and synthetically-
modified content detection, watermarking, and content
provenance information; and
(B) cybersecurity protections and other countermeasures
used to prevent tampering with such technologies.
(2) Public education campaigns regarding synthetic
content.--Not later than 1 year after the date of enactment
of this Act, the Under Secretary shall, in consultation with
the Register of Copyrights and the Director, carry out a
public education campaign regarding synthetic content and
synthetically-modified content (including deepfakes),
watermarking, and content provenance information.
(e) Requirements for Content Provenance Information;
Prohibited Acts.--
(1) Content provenance information.--
(A) Synthetic content and synthetically-modified content.--
Beginning on the date that is 2 years after the date of
enactment of this Act, any person who, for a commercial
purpose, makes available in interstate commerce a tool used
for the primary purpose of creating synthetic content or
synthetically-modified content shall--
(i) taking into consideration the content provenance
information standards established under subsection (c),
provide users of such tool with the ability to include
content provenance information that indicates the piece of
digital content is synthetic content or synthetically-
modified content for any synthetic content or synthetically-
modified content created by the tool; and
(ii) in the event a user opts to include content provenance
information under clause (i), establish, to the extent
technically feasible, reasonable security measures to ensure
that such content provenance information is machine-readable
and not easily removed, altered, or separated from the
underlying content.
(B) Covered content.--Beginning on the date that is 2 years
after the date of enactment of this Act, any person who, for
a commercial purpose, makes available in interstate commerce
a tool used for the primary purpose of creating or
substantially modifying covered content shall--
(i) taking into consideration the content provenance
information standards established under subsection (c),
provide users of such tool with the ability to include
content provenance information for any covered content
created or significantly modified by the tool; and
(ii) in the event a user opts to include content provenance
information under clause (i), establish, to the extent
technically feasible, reasonable security measures to ensure
that such content provenance information is machine-readable
and not easily removed, altered, or separated from the
underlying content.
(2) Removal of content provenance information.--
(A) In general.--It shall be unlawful for any person to
knowingly remove, alter, tamper with, or disable content
provenance information in furtherance of an unfair or
deceptive act or practice in or affecting commerce.
(B) Covered platforms.--
(i) In general.--Subject to clause (ii), it shall be
unlawful for a covered platform, to remove, alter, tamper
with, or disable content provenance information or to
separate the content provenance information from the content
so that the content provenance information cannot be accessed
by users of the platform.
(ii) Exception for security research.--A covered platform
shall not be liable for a violation of clause (i) if such
covered platform removes, alters, tampers with, or disables
content provenance information for a purpose necessary,
proportionate, and limited to perform research to enhance the
security of the covered platform.
(3) Prohibition on non-consensual use of covered content
that has attached or associated content provenance
information.--It shall be unlawful for any person, for a
commercial purpose, to knowingly use any covered content that
has content provenance information that is attached to or
associated with such covered content or covered content from
which the person knows or should know that content provenance
information has been removed or separated in violation of
paragraph (2), in order to train a system
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that uses artificial intelligence or an algorithm or to
generate synthetic content or synthetically-modified content
unless such person obtains the express, informed consent of
the person who owns the covered content, and complies with
any terms of use pertaining to the use of such content,
including terms regarding compensation for such use, as
required by the owner of copyright in such content.
(f) Enforcement.--
(1) Enforcement by the commission.--
(A) Unfair or deceptive acts or practices.--A violation of
this section or a regulation promulgated under this section
shall be treated as a violation of a rule defining an unfair
or deceptive act or practice prescribed under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(B) Powers of the commission.--
(i) 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 title.
(ii) Privileges and immunities.--Any person who violates
this section, or a regulation promulgated under this section
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.).
(iii) Authority preserved.--Nothing in this section shall
be construed to limit the authority of the Commission under
any other provision of law.
(2) Enforcement by states.--
(A) In general.--In any case in which the attorney general
of a State has reason to believe that an interest of the
residents of the State has been or is threatened or adversely
affected by the engagement of any person in a practice that
violates this section, the attorney general of the State may,
as parens patriae, bring a civil action on behalf of the
residents of the State in an appropriate district court of
the United States to--
(i) enjoin further violation of this section by such
person;
(ii) compel compliance with this section;
(iii) obtain damages, restitution, or other compensation on
behalf of such residents; and
(iv) obtain such other relief as the court may consider to
be appropriate.
(B) Rights of the commission.--
(i) Notice to the commission.--
(I) In general.--Except as provided in subclause (III), the
attorney general of a State shall notify the Commission in
writing that the attorney general intends to bring a civil
action under subparagraph (A) before initiating the civil
action.
(II) Contents.--The notification required by subclause (I)
with respect to a civil action shall include a copy of the
complaint to be filed to initiate the civil action.
(III) Exception.--If it is not feasible for the attorney
general of a State to provide the notification required by
subclause (I) before initiating a civil action under
subparagraph (A), the attorney general shall notify the
Commission immediately upon instituting the civil action.
(ii) Intervention by the commission.--The Commission may--
(I) intervene in any civil action brought by the attorney
general of a State under subparagraph (A); and
(II) upon intervening--
(aa) be heard on all matters arising in the civil action;
and
(bb) file petitions for appeal of a decision in the civil
action.
(C) Investigatory powers.--Nothing in this paragraph may be
construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by
the laws of the State to conduct investigations, to
administer oaths or affirmations, or to compel the attendance
of witnesses or the production of documentary or other
evidence.
(D) Action by the commission.--If the Commission institutes
a civil action or an administrative action with respect to a
violation of this section, the attorney general of a State
may not, during the pendency of such action, bring a civil
action under subparagraph (A) against any defendant named in
the complaint of the Commission for the violation with
respect to which the Commission instituted such action.
(E) Venue; service or process.--
(i) Venue.--Any action brought under subparagraph (A) may
be brought in--
(I) the district court of the United States that meets
applicable requirements relating to venue under section 1391
of title 28, United States Code; or
(II) another court of competent jurisdiction.
(ii) Service of process.--In an action brought under
subparagraph (A), process may be served in any district in
which the defendant--
(I) is an inhabitant; or
(II) may be found.
(F) Actions by other state officials.--
(i) In general.--In addition to civil actions brought by
attorneys general under subparagraph (A), any other officer
of a State who is authorized by the State to do so may bring
a civil action under subparagraph (A), subject to the same
requirements and limitations that apply under this paragraph
to civil actions brought by attorneys general.
(ii) Savings provision.--Nothing in this paragraph may be
construed to prohibit an authorized official of a State from
initiating or continuing any proceeding in a court of the
State for a violation of any civil or criminal law of the
State.
(G) Damages.--If a person brings a civil action for a
violation of this section pursuant to paragraph (3) and
receives any monetary damages, the court shall reduce the
amount of any damages awarded under this paragraph by the
amount of monetary damages awarded to such person.
(3) Enforcement by private parties and government
entities.--
(A) In general.--Any person who owns covered content that
has content provenance information that is attached to or
associated with such covered content may bring a civil action
in a court of competent jurisdiction against--
(i) any person or covered platform for removing, altering,
tampering with, or disabling such content provenance
information in violation of subparagraph (A) or (B) of
subsection (e)(2); and
(ii) any person for using such covered content in violation
of subsection (e)(3).
(B) Relief.--In a civil action brought under subparagraph
(A) in which the plaintiff prevails, the court may award the
plaintiff declaratory or injunctive relief, compensatory
damages, and reasonable litigation expenses, including a
reasonable attorney's fee.
(C) Statute of limitations.--An action for a violation of
this section brought under this paragraph may be commenced
not later than 4 years after the date upon which the
plaintiff discovers or should have discovered the facts
giving rise to such violation.
(g) Rule of Construction.--This section does not impair or
in any way alter the rights of copyright owners under any
other applicable law.
(h) Severability.--If any provision of this section, or an
amendment made by this section, is determined to be
unenforceable or invalid, the remaining provisions of this
section and the amendments made by this section shall not be
affected.
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