WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
It is the sense of Congress that— (1) there is a lack of— (A) visibility into how artificial intelligenceArtificial intelligenceThe 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).Sec. 3(1) 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; (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 contentSynthetic contentThe 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.Sec. 3(9) and synthetically-modified contentSynthetically-modified contentThe 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.Sec. 3(10) that competes unfairly in the digital marketplace with covered contentCovered contentThe 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.Sec. 3(5); 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 intelligenceArtificial intelligenceThe 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).Sec. 3(1) systems moving forward.
Section 2 sets out legislative findings expressing Congress's concern about the lack of visibility into AI systems, training data transparency, and consensus standards. It notes the increasing difficulty of assessing the origin and authenticity of algorithmically generated or modified content, the harm to journalists, publishers, broadcasters, and artists whose content is used for training and competes unfairly with synthetic outputs, and the need for consensus-based standards to catalyze innovation and establish U.S. leadership in AI.
In this title: (1) ARTIFICIAL INTELLIGENCEArtificial intelligenceThe 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).Sec. 3(1).—The term "artificial intelligenceArtificial intelligenceThe 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).Sec. 3(1)" has the meaning given the term in section 5002 of the National Artificial IntelligenceArtificial intelligenceThe 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).Sec. 3(1) Initiative Act of 2020 (15 U.S.C. 9401). (2) ARTIFICIAL INTELLIGENCE BLUE-TEAMINGArtificial intelligence blue-teamingThe 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.Sec. 3(2).—The term "artificial intelligence blue-teamingArtificial intelligence blue-teamingThe 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.Sec. 3(2)" 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 intelligenceArtificial intelligenceThe 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).Sec. 3(1) system. (3) ARTIFICIAL INTELLIGENCE RED-TEAMINGArtificial intelligence red-teamingThe 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.Sec. 3(3).—The term "artificial intelligence red-teamingArtificial intelligence red-teamingThe 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.Sec. 3(3)" means structured adversarial testing efforts of an artificial intelligenceArtificial intelligenceThe 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).Sec. 3(1) system to identify risks, flaws, and vulnerabilities of the artificial intelligenceArtificial intelligenceThe 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).Sec. 3(1) 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 INFORMATIONContent provenance informationThe 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.Sec. 3(4).—The term "content provenance informationContent provenance informationThe 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.Sec. 3(4)" 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 CONTENTCovered contentThe 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.Sec. 3(5).—The term "covered contentCovered contentThe 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.Sec. 3(5)" 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 PLATFORMCovered platformThe 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.Sec. 3(6).—The term "covered platformCovered platformThe 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.Sec. 3(6)" 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 platformCovered platformThe 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.Sec. 3(6) in violation of this Act. (7) DEEPFAKEDeepfakeThe 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.Sec. 3(7).—The term "deepfakeDeepfakeThe 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.Sec. 3(7)" means synthetic contentSynthetic contentThe 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.Sec. 3(9) or synthetically-modified contentSynthetically-modified contentThe 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.Sec. 3(10) that— (A) appears authentic to a reasonable person; and (B) creates a false understanding or impression. (8) DIRECTORDirectorThe term "Director" means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.Sec. 3(8).—The term "DirectorDirectorThe term "Director" means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.Sec. 3(8)" means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. (9) SYNTHETIC CONTENTSynthetic contentThe 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.Sec. 3(9).—The term "synthetic contentSynthetic contentThe 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.Sec. 3(9)" 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 intelligenceArtificial intelligenceThe 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).Sec. 3(1). (10) SYNTHETICALLY-MODIFIED CONTENTSynthetically-modified contentThe 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.Sec. 3(10).—The term "synthetically-modified contentSynthetically-modified contentThe 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.Sec. 3(10)" 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 intelligenceArtificial intelligenceThe 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).Sec. 3(1). (11) UNDER SECRETARYUnder SecretaryThe term "Under Secretary" means the Under Secretary of Commerce for Standards and Technology.Sec. 3(11).—The term "Under SecretaryUnder SecretaryThe term "Under Secretary" means the Under Secretary of Commerce for Standards and Technology.Sec. 3(11)" means the Under Secretary of Commerce for Standards and Technology. (12) WATERMARKINGWatermarkingThe 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.Sec. 3(12).—The term "watermarkingWatermarkingThe 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.Sec. 3(12)" 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.
Section 3 establishes the defined terms used throughout the Act. Key definitions include covered platform (websites or apps with $50M+ annual revenue or 25M+ monthly active users), covered content (digital representations of copyrightable works), synthetic content (wholly AI-generated), synthetically-modified content (significantly AI-modified), deepfake (synthetic or synthetically-modified content that appears authentic and creates a false impression), content provenance information (machine-readable origin and history data), and watermarking (embedding difficult-to-remove verification data). The definition of artificial intelligence incorporates the National AI Initiative Act of 2020 definition by reference.
(a) 1 IN GENERAL.—The Under SecretaryUnder SecretaryThe term "Under Secretary" means the Under Secretary of Commerce for Standards and Technology.Sec. 3(11) shall establish a public-private partnership to facilitate the development of standards regarding content provenance informationContent provenance informationThe 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.Sec. 3(4) technologies and the detection of synthetic contentSynthetic contentThe 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.Sec. 3(9) and synthetically-modified contentSynthetically-modified contentThe 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.Sec. 3(10), including with respect to the following: (1) Facilitating the development of guidelines and voluntary, consensus-based standards and best practices for watermarkingWatermarkingThe 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.Sec. 3(12), content provenance informationContent provenance informationThe 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.Sec. 3(4), synthetic contentSynthetic contentThe 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.Sec. 3(9) and synthetically-modified contentSynthetically-modified contentThe 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.Sec. 3(10) detection, including for images, audio, video, text, and multimodal content, the use of data to train artificial intelligenceArtificial intelligenceThe 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).Sec. 3(1) systems, and such other matters relating to transparency of synthetic media as the Under SecretaryUnder SecretaryThe term "Under Secretary" means the Under Secretary of Commerce for Standards and Technology.Sec. 3(11) considers appropriate. (2) Facilitating the development of guidelines, metrics, and practices to evaluate and assess tools to detect and label synthetic contentSynthetic contentThe 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.Sec. 3(9), synthetically-modified contentSynthetically-modified contentThe 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.Sec. 3(10), and non-synthetic contentSynthetic contentThe 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.Sec. 3(9), including artificial intelligence red-teamingArtificial intelligence red-teamingThe 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.Sec. 3(3) and artificial intelligence blue-teamingArtificial intelligence blue-teamingThe 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.Sec. 3(2). (3) Establishing grand challenges and prizes in coordination with the Defense Advanced Research Projects Agency and the National Science Foundation to detect and label synthetic contentSynthetic contentThe 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.Sec. 3(9), synthetically-modified contentSynthetically-modified contentThe 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.Sec. 3(10), and non-synthetic contentSynthetic contentThe 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.Sec. 3(9) and to develop cybersecurity and other countermeasures to defend against tampering with detection tools, watermarks, or content provenance informationContent provenance informationThe 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.Sec. 3(4).
(b) 1 CONSULTATION.—In developing the standards described in subsection (a), the Under SecretaryUnder SecretaryThe term "Under Secretary" means the Under Secretary of Commerce for Standards and Technology.Sec. 3(11) shall consult with the Register of Copyrights and the DirectorDirectorThe term "Director" means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.Sec. 3(8).
Section 4 directs the Under Secretary of Commerce for Standards and Technology (NIST) to establish a public-private partnership to develop consensus-based standards for content provenance information technologies and synthetic content detection. The partnership's mandate includes developing guidelines and voluntary standards for watermarking, provenance, and detection across images, audio, video, text, and multimodal content; evaluating detection and labeling tools including through red-teaming and blue-teaming; and establishing grand challenges in coordination with DARPA and NSF. The Under Secretary must consult with the Register of Copyrights and the USPTO Director.
(a) 2 RESEARCH AND DEVELOPMENT.—The Under SecretaryUnder SecretaryThe term "Under Secretary" means the Under Secretary of Commerce for Standards and Technology.Sec. 3(11) shall carry out a research program to enable advances in measurement science, standards, and testing relating to the robustness and efficacy of— (1) technologies for synthetic contentSynthetic contentThe 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.Sec. 3(9) and synthetically-modified contentSynthetically-modified contentThe 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.Sec. 3(10) detection, watermarkingWatermarkingThe 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.Sec. 3(12), and content provenance informationContent provenance informationThe 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.Sec. 3(4); and (2) cybersecurity protections and other countermeasures used to prevent tampering with such technologies.
(b) 3 PUBLIC EDUCATION CAMPAIGNS REGARDING SYNTHETIC CONTENTSynthetic contentThe 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.Sec. 3(9).—Not later than 1 year after the date of enactment of this Act, the Under SecretaryUnder SecretaryThe term "Under Secretary" means the Under Secretary of Commerce for Standards and Technology.Sec. 3(11) shall, in consultation with the Register of Copyrights and the DirectorDirectorThe term "Director" means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.Sec. 3(8), carry out a public education campaign regarding synthetic contentSynthetic contentThe 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.Sec. 3(9) and synthetically-modified contentSynthetically-modified contentThe 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.Sec. 3(10) (including deepfakesDeepfakeThe 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.Sec. 3(7)), watermarkingWatermarkingThe 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.Sec. 3(12), and content provenance informationContent provenance informationThe 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.Sec. 3(4).
Section 5 directs NIST to conduct a research program on measurement science, standards, and testing for synthetic content detection, watermarking, provenance technologies, and cybersecurity countermeasures protecting those technologies. It also requires NIST, within one year of enactment, to carry out a public education campaign about synthetic content (including deepfakes), watermarking, and content provenance information, in consultation with the Register of Copyrights and the USPTO Director.
(a)(1) 4 SYNTHETIC CONTENTSynthetic contentThe 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.Sec. 3(9) AND SYNTHETICALLY-MODIFIED CONTENTSynthetically-modified contentThe 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.Sec. 3(10).—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 contentSynthetic contentThe 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.Sec. 3(9) or synthetically-modified contentSynthetically-modified contentThe 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.Sec. 3(10) shall— (A) taking into consideration the content provenance informationContent provenance informationThe 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.Sec. 3(4) standards established under section 4, provide users of such tool with the ability to include content provenance informationContent provenance informationThe 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.Sec. 3(4) that indicates the piece of digital content is synthetic contentSynthetic contentThe 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.Sec. 3(9) or synthetically-modified contentSynthetically-modified contentThe 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.Sec. 3(10) for any synthetic contentSynthetic contentThe 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.Sec. 3(9) or synthetically-modified contentSynthetically-modified contentThe 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.Sec. 3(10) created by the tool; and (B) in the event a user opts to include content provenance informationContent provenance informationThe 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.Sec. 3(4) under subparagraph (A), establish, to the extent technically feasible, reasonable security measures to ensure that such content provenance informationContent provenance informationThe 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.Sec. 3(4) is machine-readable and not easily removed, altered, or separated from the underlying content.
(a)(2) 5 COVERED CONTENTCovered contentThe 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.Sec. 3(5).—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 contentCovered contentThe 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.Sec. 3(5) shall— (A) taking into consideration the content provenance informationContent provenance informationThe 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.Sec. 3(4) standards established under section 4, provide users of such tool with the ability to include content provenance informationContent provenance informationThe 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.Sec. 3(4) for any covered contentCovered contentThe 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.Sec. 3(5) created or significantly modified by the tool; and (B) in the event a user opts to include content provenance informationContent provenance informationThe 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.Sec. 3(4) under subparagraph (A), establish, to the extent technically feasible, reasonable security measures to ensure that such content provenance informationContent provenance informationThe 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.Sec. 3(4) is machine-readable and not easily removed, altered, or separated from the underlying content.
(b)(1) 6 IN GENERAL.—It shall be unlawful for any person to knowingly remove, alter, tamper with, or disable content provenance informationContent provenance informationThe 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.Sec. 3(4) in furtherance of an unfair or deceptive act or practice in or affecting commerce.
(b)(2) 7 COVERED PLATFORMSCovered platformThe 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.Sec. 3(6).— (A) IN GENERAL.—Subject to subparagraph (B), it shall be unlawful for a covered platformCovered platformThe 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.Sec. 3(6), to remove, alter, tamper with, or disable content provenance informationContent provenance informationThe 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.Sec. 3(4) or to separate the content provenance informationContent provenance informationThe 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.Sec. 3(4) from the content so that the content provenance informationContent provenance informationThe 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.Sec. 3(4) cannot be accessed by users of the platform. (B) EXCEPTION FOR SECURITY RESEARCH.—A covered platformCovered platformThe 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.Sec. 3(6) shall not be liable for a violation of subparagraph (A) if such covered platformCovered platformThe 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.Sec. 3(6) removes, alters, tampers with, or disables content provenance informationContent provenance informationThe 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.Sec. 3(4) for a purpose necessary, proportionate, and limited to perform research to enhance the security of the covered platformCovered platformThe 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.Sec. 3(6).
(c) 8 PROHIBITION ON NON-CONSENSUAL USE OF COVERED CONTENTCovered contentThe 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.Sec. 3(5) THAT HAS ATTACHED OR ASSOCIATED CONTENT PROVENANCE INFORMATIONContent provenance informationThe 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.Sec. 3(4).—It shall be unlawful for any person, for a commercial purpose, to knowingly use any covered contentCovered contentThe 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.Sec. 3(5) that has content provenance informationContent provenance informationThe 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.Sec. 3(4) that is attached to or associated with such covered contentCovered contentThe 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.Sec. 3(5) or covered contentCovered contentThe 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.Sec. 3(5) from which the person knows or should know that content provenance informationContent provenance informationThe 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.Sec. 3(4) has been removed or separated in violation of subsection (b), in order to train a system that uses artificial intelligenceArtificial intelligenceThe 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).Sec. 3(1) or an algorithm or to generate synthetic contentSynthetic contentThe 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.Sec. 3(9) or synthetically-modified contentSynthetically-modified contentThe 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.Sec. 3(10) unless such person obtains the express, informed consent of the person who owns the covered contentCovered contentThe 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.Sec. 3(5), 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.
Section 6 is the bill's core operative provision, imposing three distinct categories of obligations effective two years after enactment. First, persons commercially offering tools primarily used to create synthetic or synthetically-modified content must provide users the ability to attach content provenance information indicating AI origin, and must implement reasonable security measures to keep that provenance data machine-readable and tamper-resistant. The same obligations apply to tools primarily used to create or substantially modify covered content (copyrighted works).
Second, the bill prohibits anyone from knowingly removing, altering, tampering with, or disabling content provenance information in furtherance of an unfair or deceptive act, and separately bars covered platforms from stripping provenance data from content — with a narrow exception for security research that is necessary, proportionate, and limited.
Third, Section 6(c) creates a consent-based regime for AI training: it is unlawful to knowingly use provenance-tagged covered content — or content from which provenance data was unlawfully removed — to train an AI system or generate synthetic content without express, informed consent from the copyright owner and compliance with applicable terms of use, including compensation terms.
(a)(1)–(2) ENFORCEMENT BY THE COMMISSION.— (1) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.—A violation of this Act or a regulation promulgated under this Act 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)). (2) POWERS OF THE COMMISSION.— (A) IN GENERAL.—The Commission shall enforce this Act 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. (B) PRIVILEGES AND IMMUNITIES.—Any person who violates this Act, or a regulation promulgated under this Act 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 Act shall be construed to limit the authority of the Commission under any other provision of law.
(b)(1)–(7) ENFORCEMENT BY STATES.— (1) 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 Act, 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— (A) enjoin further violation of this Act by such person; (B) compel compliance with this Act; (C) obtain damages, restitution, or other compensation on behalf of such residents; and (D) obtain such other relief as the court may consider to be appropriate. (2) RIGHTS OF THE COMMISSION.— (A) NOTICE TO THE COMMISSION.— (i) IN GENERAL.—Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. (ii) CONTENTS.—The notification required by clause (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 clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) INTERVENTION BY THE COMMISSION.—The Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) INVESTIGATORY POWERS.—Nothing in this subsection 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. (4) ACTION BY THE COMMISSION.—If the Commission institutes a civil action or an administrative action with respect to a violation of this Act, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) VENUE; SERVICE OR PROCESS.— (A) VENUE.—Any action brought under paragraph (1) 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. (B) SERVICE OF PROCESS.—In an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (6) ACTIONS BY OTHER STATE OFFICIALS.— (A) IN GENERAL.—In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) SAVINGS PROVISION.—Nothing in this subsection 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. (7) DAMAGES.—If a person brings a civil action for a violation of this Act pursuant to subsection (c) and receives any monetary damages, the court shall reduce the amount of any damages awarded under this subsection by the amount of monetary damages awarded to such person.
(c)(1)–(3) ENFORCEMENT BY PRIVATE PARTIES AND GOVERNMENT ENTITIES.— (1) IN GENERAL.—Any person who owns covered contentCovered contentThe 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.Sec. 3(5) that has content provenance informationContent provenance informationThe 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.Sec. 3(4) that is attached to or associated with such covered contentCovered contentThe 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.Sec. 3(5) may bring a civil action in a court of competent jurisdiction against— (A) any person or covered platformCovered platformThe 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.Sec. 3(6) for removing, altering, tampering with, or disabling such content provenance informationContent provenance informationThe 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.Sec. 3(4) in violation of subsection (b)(1) or (b)(2) of section 6; and (B) any person for using such covered contentCovered contentThe 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.Sec. 3(5) in violation of section 6(c). (2) RELIEF.—In a civil action brought under paragraph (1) 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. (3) STATUTE OF LIMITATIONS.—An action for a violation of this Act brought under this subsection 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.
Section 7 establishes a three-track enforcement framework. The FTC enforces the Act as though violations were unfair or deceptive acts under FTC Act § 18(a)(1)(B), with full FTC powers and penalties. State attorneys general may bring parens patriae civil actions in federal district court for injunctive relief, damages, restitution, or other compensation, subject to notice to the FTC and a stay during pending FTC actions. Other authorized state officials may also sue. A private right of action is available to owners of covered content with attached content provenance information, who may sue for violations of § 6(b) (provenance stripping) and § 6(c) (non-consensual training use). Prevailing private plaintiffs may recover declaratory or injunctive relief, compensatory damages, and reasonable attorney's fees. A 4-year statute of limitations runs from discovery. If a private plaintiff also recovers through a state AG action, the private award is reduced accordingly.
This Act does not impair or in any way alter the rights of copyright owners under any other applicable law.
Section 8 is a savings clause preserving the rights of copyright owners under any other applicable law. This ensures that the Act's provenance and consent requirements supplement rather than supplant existing copyright protections.
If any provision of this Act, or an amendment made by this Act, is determined to be unenforceable or invalid, the remaining provisions of this Act and the amendments made by this Act shall not be affected.
Standard severability clause providing that if any provision is held unenforceable or invalid, the remaining provisions survive.