WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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.
This Act may be cited as the "AI Labeling Act of 2023".
This section establishes the short title of the bill as the AI Labeling Act of 2023. No compliance obligations are imposed.
(1)(A)–(B) 1 IN GENERAL.—Each generative artificial intelligence systemGenerative artificial intelligence systemThe term "generative artificial intelligence system" means any system that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to generate or substantially modify image, video, audio, multimedia, or text content.Sec. 2(c)(5) that, using any means or facility of interstate or foreign commerce, produces image, video, audio, or multimedia AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1) shall include on such AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1) a clear and conspicuousClear and conspicuousThe term "clear and conspicuous", with respect to a disclosure, means that the disclosure meets the following criteria: (A) For any content that is solely visual or solely audible, the disclosure shall be made through the same means through which the content is presented. (B) For any content that is both visual and audible, the disclosure shall be visual and audible. (C) A visual disclosure, by its size, contrast, location, the length of time it appears, and other characteristics, shall stand out from any accompanying text or other visual elements so that the disclosure is easily noticed, read, and understood. (D) An audible disclosure shall be delivered in a volume, speed, and cadence sufficient for a reasonable person to easily hear and understand the disclosure. (E) The disclosure shall not be avoidable. (F) The disclosure shall use diction and syntax understandable to a reasonable person. (G) The disclosure shall not be contradicted or mitigated by, or inconsistent with, anything else in the communication. (H) Any other criteria determined appropriate by the Commission.Sec. 2(c)(3) disclosure that meets the requirements of subparagraph (B). (B) DISCLOSURE REQUIREMENTS.—A disclosure required under subparagraph (A) shall meet each of the following criteria: (i) The disclosure shall include a clear and conspicuousClear and conspicuousThe term "clear and conspicuous", with respect to a disclosure, means that the disclosure meets the following criteria: (A) For any content that is solely visual or solely audible, the disclosure shall be made through the same means through which the content is presented. (B) For any content that is both visual and audible, the disclosure shall be visual and audible. (C) A visual disclosure, by its size, contrast, location, the length of time it appears, and other characteristics, shall stand out from any accompanying text or other visual elements so that the disclosure is easily noticed, read, and understood. (D) An audible disclosure shall be delivered in a volume, speed, and cadence sufficient for a reasonable person to easily hear and understand the disclosure. (E) The disclosure shall not be avoidable. (F) The disclosure shall use diction and syntax understandable to a reasonable person. (G) The disclosure shall not be contradicted or mitigated by, or inconsistent with, anything else in the communication. (H) Any other criteria determined appropriate by the Commission.Sec. 2(c)(3) notice, as appropriate for the medium of the content, that identifies the content as AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1). (ii) The output's metadataMetadataThe term "metadata" has the meaning given such term in section 3502 of title 44, United States Code.Sec. 2(c)(6) information shall include an identification of the content as being AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1), the identity of the tool used to create the content, and the date and time the content was created. (iii) The disclosure shall, to the extent technically feasible, be permanent or unable to be easily removed by subsequent users.
This subsection imposes a dual-layer labeling obligation on generative AI systems that produce image, video, audio, or multimedia content. The system must attach both a human-perceptible, clear and conspicuous disclosure and embedded metadata identifying the content as AI-generated, the tool used to create it, and the creation timestamp. The disclosure must, to the extent technically feasible, be permanent or unable to be easily removed.
(2) 2 Each artificial intelligence system that, using any means or facility of interstate or foreign commerce, produces text AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1) (including through an artificial intelligence chatbotArtificial intelligence chatbotThe term "artificial intelligence chatbot" means generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates conversation.Sec. 2(c)(2)) shall include a clear and conspicuousClear and conspicuousThe term "clear and conspicuous", with respect to a disclosure, means that the disclosure meets the following criteria: (A) For any content that is solely visual or solely audible, the disclosure shall be made through the same means through which the content is presented. (B) For any content that is both visual and audible, the disclosure shall be visual and audible. (C) A visual disclosure, by its size, contrast, location, the length of time it appears, and other characteristics, shall stand out from any accompanying text or other visual elements so that the disclosure is easily noticed, read, and understood. (D) An audible disclosure shall be delivered in a volume, speed, and cadence sufficient for a reasonable person to easily hear and understand the disclosure. (E) The disclosure shall not be avoidable. (F) The disclosure shall use diction and syntax understandable to a reasonable person. (G) The disclosure shall not be contradicted or mitigated by, or inconsistent with, anything else in the communication. (H) Any other criteria determined appropriate by the Commission.Sec. 2(c)(3) disclosure that identifies the content as AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1) and that is, to the extent technically feasible, permanent or unable to be easily removed by subsequent users.
This subsection extends the labeling obligation to text AI-generated content, including content produced through AI chatbots. Unlike the image/video/audio obligation, no separate metadata requirement is imposed — only a clear and conspicuous disclosure identifying the content as AI-generated. The disclosure must, to the extent technically feasible, be permanent or not easily removable.
(3)(A) 3 DEVELOPERS OF GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEMSGenerative artificial intelligence systemThe term "generative artificial intelligence system" means any system that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to generate or substantially modify image, video, audio, multimedia, or text content.Sec. 2(c)(5).—Any entity that develops a generative artificial intelligence systemGenerative artificial intelligence systemThe term "generative artificial intelligence system" means any system that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to generate or substantially modify image, video, audio, multimedia, or text content.Sec. 2(c)(5) shall implement reasonable procedures to prevent downstream use of such system without the disclosures required under this section, including by— (i) requiring by contract that end users and third-party licensees of the system refrain from removing any required disclosure; (ii) requiring certification that end users and third-party licensees will not remove any such disclosure; and (iii) terminating access to the system when the entity has reason to believe that an end user or third-party licensee has removed the required disclosure.
(3)(B) 4 THIRD-PARTY LICENSEES.—Any third-party licensee of a generative artificial intelligence systemGenerative artificial intelligence systemThe term "generative artificial intelligence system" means any system that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to generate or substantially modify image, video, audio, multimedia, or text content.Sec. 2(c)(5) shall implement reasonable procedures to prevent downstream use of such system without the disclosures required under this section, including by— (i) requiring by contract that users of the system refrain from removing any required disclosure; (ii) requiring certification that end users will not remove any such disclosure; and (iii) terminating access to the system when the third-party licensee has reason to believe that an end user has removed the required disclosure.
This subsection imposes two parallel sets of downstream-use obligations. Developers of generative AI systems must implement reasonable procedures to prevent downstream use without required disclosures, including contractual prohibitions on disclosure removal, certification requirements, and access termination upon reason to believe a disclosure has been removed. Third-party licensees face an identical set of obligations with respect to their own downstream users. Together, these provisions create a chain-of-custody obligation ensuring labeling persists through distribution.
(4)(A) UNFAIR OR DECEPTIVE ACTS OR PRACTICE.—A violation of this subsection shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(c)(4) Act (15 U.S.C. 57a(a)(1)(B)).
(4)(B)(i)–(iii) POWERS OF THE COMMISSIONCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(c)(4).— (i) IN GENERAL.—The CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(c)(4) shall enforce this subsection 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 CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(c)(4) Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this subsection. (ii) PRIVILEGES AND IMMUNITIES.—Any person who violates this subsection or a regulation promulgated thereunder shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(c)(4) Act (15 U.S.C. 41 et seq.). (iii) AUTHORITY PRESERVED.—Nothing in this Act shall be construed to limit the authority of the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(c)(4) under any other provision of law.
This subsection establishes the enforcement framework. Violations of subsection (a) are treated as violations of an FTC rule defining unfair or deceptive acts or practices. The FTC enforces using its existing jurisdiction, powers, and duties under the FTC Act. Violators are subject to the penalties and entitled to the privileges and immunities of the FTC Act. A savings clause preserves the Commission's authority under other law.
(b)(1)–(3) 5 ESTABLISHMENT.—Not later than 90 days after the date of enactment of this section, the Director of the National Institute of Standards and Technology (in this section referred to as the "Director"), in coordination with the heads of other relevant Federal agencies, shall form a working group to assist platformsPlatformThe term "platform" has the meaning given the term "interactive computer service" in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).Sec. 2(c)(7) in identifying AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1). (2) MEMBERSHIP.—The working group shall include members from the following: (A) Relevant Federal agencies. (B) Developers of generative artificial intelligence systemsGenerative artificial intelligence systemThe term "generative artificial intelligence system" means any system that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to generate or substantially modify image, video, audio, multimedia, or text content.Sec. 2(c)(5). (C) Private sector groups engaged in developing content detection standards. (D) Social media platformsPlatformThe term "platform" has the meaning given the term "interactive computer service" in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).Sec. 2(c)(7). (E) Academic and other relevant entities. (F) Any other entity determined appropriate by the Director. (3) DUTIES.—Not later than 1 year after the date on which the Director establishes the working group under paragraph (1), the working group shall publish a framework that includes— (A) technical standards for AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1) detection technology to assist platformsPlatformThe term "platform" has the meaning given the term "interactive computer service" in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).Sec. 2(c)(7) in identifying image, video, audio, and multimedia AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1); (B) guidelines and best practices for platformsPlatformThe term "platform" has the meaning given the term "interactive computer service" in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).Sec. 2(c)(7) to implement such technical standards; and (C) recommendations for detection practices for non-audiovisual AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1), including text.
(b)(4) 6 REPORT TO CONGRESS.—Not later than 1 year after the date on which the Director establishes the working group under paragraph (1), the Director shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the framework published under paragraph (3), together with recommendations for legislative or administrative action determined appropriate by the Director.
(b)(5) EXEMPTION FROM APPLICATION OF FACA.—Chapter 10 of title 5, United States Code, shall not apply to the working group.
This subsection directs the Director of NIST to establish, within 90 days of enactment, a multi-stakeholder working group to assist platforms in identifying AI-generated content. Within one year the working group must publish a framework covering technical standards for image/video/audio/multimedia AI-content detection, best-practice guidelines for platforms, and recommendations for text-content detection. A report to Congress is also required. This imposes obligations on a government entity (NIST) rather than on private-sector covered entities.
(c)(1) AI-GENERATED CONTENTAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1).—The term "AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1)" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence systemGenerative artificial intelligence systemThe term "generative artificial intelligence system" means any system that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to generate or substantially modify image, video, audio, multimedia, or text content.Sec. 2(c)(5) such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.
(c)(2) ARTIFICIAL INTELLIGENCE CHATBOTArtificial intelligence chatbotThe term "artificial intelligence chatbot" means generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates conversation.Sec. 2(c)(2).—The term "artificial intelligence chatbotArtificial intelligence chatbotThe term "artificial intelligence chatbot" means generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates conversation.Sec. 2(c)(2)" means generative artificial intelligence systemGenerative artificial intelligence systemThe term "generative artificial intelligence system" means any system that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to generate or substantially modify image, video, audio, multimedia, or text content.Sec. 2(c)(5) with which users can interact by or through an interface that approximates or simulates conversation.
(c)(3) CLEAR AND CONSPICUOUSClear and conspicuousThe term "clear and conspicuous", with respect to a disclosure, means that the disclosure meets the following criteria: (A) For any content that is solely visual or solely audible, the disclosure shall be made through the same means through which the content is presented. (B) For any content that is both visual and audible, the disclosure shall be visual and audible. (C) A visual disclosure, by its size, contrast, location, the length of time it appears, and other characteristics, shall stand out from any accompanying text or other visual elements so that the disclosure is easily noticed, read, and understood. (D) An audible disclosure shall be delivered in a volume, speed, and cadence sufficient for a reasonable person to easily hear and understand the disclosure. (E) The disclosure shall not be avoidable. (F) The disclosure shall use diction and syntax understandable to a reasonable person. (G) The disclosure shall not be contradicted or mitigated by, or inconsistent with, anything else in the communication. (H) Any other criteria determined appropriate by the Commission.Sec. 2(c)(3).—The term "clear and conspicuousClear and conspicuousThe term "clear and conspicuous", with respect to a disclosure, means that the disclosure meets the following criteria: (A) For any content that is solely visual or solely audible, the disclosure shall be made through the same means through which the content is presented. (B) For any content that is both visual and audible, the disclosure shall be visual and audible. (C) A visual disclosure, by its size, contrast, location, the length of time it appears, and other characteristics, shall stand out from any accompanying text or other visual elements so that the disclosure is easily noticed, read, and understood. (D) An audible disclosure shall be delivered in a volume, speed, and cadence sufficient for a reasonable person to easily hear and understand the disclosure. (E) The disclosure shall not be avoidable. (F) The disclosure shall use diction and syntax understandable to a reasonable person. (G) The disclosure shall not be contradicted or mitigated by, or inconsistent with, anything else in the communication. (H) Any other criteria determined appropriate by the Commission.Sec. 2(c)(3)", with respect to a disclosure, means that the disclosure meets the following criteria: (A) For any content that is solely visual or solely audible, the disclosure shall be made through the same means through which the content is presented. (B) For any content that is both visual and audible, the disclosure shall be visual and audible. (C) A visual disclosure, by its size, contrast, location, the length of time it appears, and other characteristics, shall stand out from any accompanying text or other visual elements so that the disclosure is easily noticed, read, and understood. (D) An audible disclosure shall be delivered in a volume, speed, and cadence sufficient for a reasonable person to easily hear and understand the disclosure. (E) The disclosure shall not be avoidable. (F) The disclosure shall use diction and syntax understandable to a reasonable person. (G) The disclosure shall not be contradicted or mitigated by, or inconsistent with, anything else in the communication. (H) Any other criteria determined appropriate by the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(c)(4).
(c)(4) COMMISSIONCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(c)(4).—The term "CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(c)(4)" means the Federal Trade CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(c)(4).
(c)(5) GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEMGenerative artificial intelligence systemThe term "generative artificial intelligence system" means any system that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to generate or substantially modify image, video, audio, multimedia, or text content.Sec. 2(c)(5).—The term "generative artificial intelligence systemGenerative artificial intelligence systemThe term "generative artificial intelligence system" means any system that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to generate or substantially modify image, video, audio, multimedia, or text content.Sec. 2(c)(5)" means any system that uses artificial intelligence (as defined in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019) to generate or substantially modify image, video, audio, multimedia, or text content.
(c)(6) METADATAMetadataThe term "metadata" has the meaning given such term in section 3502 of title 44, United States Code.Sec. 2(c)(6).—The term "metadataMetadataThe term "metadata" has the meaning given such term in section 3502 of title 44, United States Code.Sec. 2(c)(6)" has the meaning given such term in section 3502 of title 44, United States Code.
(c)(7) PLATFORMPlatformThe term "platform" has the meaning given the term "interactive computer service" in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).Sec. 2(c)(7).—The term "platformPlatformThe term "platform" has the meaning given the term "interactive computer service" in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).Sec. 2(c)(7)" has the meaning given the term "interactive computer service" in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
This subsection defines the key terms used throughout the bill, including AI-generated content, artificial intelligence chatbot, clear and conspicuous, Commission, generative artificial intelligence system, metadata, and platform. The definitions are incorporated into the top-level definitions dictionary. No compliance obligations are imposed by this subsection.