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 Fraud Accountability Act of 2026''.
This section establishes the short title of the bill as the AI Fraud Accountability Act of 2026. It creates no compliance obligation.
(i)(1)(A)–(B) DEFINITIONS.—In this subsection: (A) DIGITAL IMPERSONATIONdigital impersonationThe term 'digital impersonation' means any visual or audio depiction of— (i) an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from an authentic visual or audio depiction of the individual; or (ii) an imaginary individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction of an imaginary individual, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from a visual or audio depiction of a real individual.47 U.S.C. § 223(i)(1)(A).—The term 'digital impersonationdigital impersonationThe term 'digital impersonation' means any visual or audio depiction of— (i) an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from an authentic visual or audio depiction of the individual; or (ii) an imaginary individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction of an imaginary individual, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from a visual or audio depiction of a real individual.47 U.S.C. § 223(i)(1)(A)' means any visual or audio depiction of— (i) an identifiable individualidentifiable individualThe term 'identifiable individual' means an individual— (i) who appears in whole or in part, or is heard, in a digital impersonation; and (ii) whose face, likeness, voice, or other distinguishing characteristic (including a unique birthmark or other recognizable feature) is displayed or heard in connection with such digital impersonation.47 U.S.C. § 223(i)(1)(B) created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from an authentic visual or audio depiction of the individual; or (ii) an imaginary individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction of an imaginary individual, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from a visual or audio depiction of a real individual. (B) IDENTIFIABLE INDIVIDUALidentifiable individualThe term 'identifiable individual' means an individual— (i) who appears in whole or in part, or is heard, in a digital impersonation; and (ii) whose face, likeness, voice, or other distinguishing characteristic (including a unique birthmark or other recognizable feature) is displayed or heard in connection with such digital impersonation.47 U.S.C. § 223(i)(1)(B).—The term 'identifiable individualidentifiable individualThe term 'identifiable individual' means an individual— (i) who appears in whole or in part, or is heard, in a digital impersonation; and (ii) whose face, likeness, voice, or other distinguishing characteristic (including a unique birthmark or other recognizable feature) is displayed or heard in connection with such digital impersonation.47 U.S.C. § 223(i)(1)(B)' means an individual— (i) who appears in whole or in part, or is heard, in a digital impersonationdigital impersonationThe term 'digital impersonation' means any visual or audio depiction of— (i) an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from an authentic visual or audio depiction of the individual; or (ii) an imaginary individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction of an imaginary individual, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from a visual or audio depiction of a real individual.47 U.S.C. § 223(i)(1)(A); and (ii) whose face, likeness, voice, or other distinguishing characteristic (including a unique birthmark or other recognizable feature) is displayed or heard in connection with such digital impersonationdigital impersonationThe term 'digital impersonation' means any visual or audio depiction of— (i) an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from an authentic visual or audio depiction of the individual; or (ii) an imaginary individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction of an imaginary individual, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from a visual or audio depiction of a real individual.47 U.S.C. § 223(i)(1)(A).
(i)(2)(A)–(B) 1 OFFENSE.— (A) IN GENERAL.—Subject to subparagraph (B), it shall be unlawful for a person, in interstate or foreign communications, to falsely pose as an identifiable individualidentifiable individualThe term 'identifiable individual' means an individual— (i) who appears in whole or in part, or is heard, in a digital impersonation; and (ii) whose face, likeness, voice, or other distinguishing characteristic (including a unique birthmark or other recognizable feature) is displayed or heard in connection with such digital impersonation.47 U.S.C. § 223(i)(1)(B) or imaginary individual, in a manner intended to be taken as genuine, in a digital impersonationdigital impersonationThe term 'digital impersonation' means any visual or audio depiction of— (i) an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from an authentic visual or audio depiction of the individual; or (ii) an imaginary individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction of an imaginary individual, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from a visual or audio depiction of a real individual.47 U.S.C. § 223(i)(1)(A), with intent to defraud a person of any money, paper, document, or thing of value. (B) EXCEPTIONS.—Subparagraph (A) shall not apply to a lawfully authorized investigative, protective, or intelligence activity of— (i) a law enforcement agency of the United States, a State, or a political subdivision of a State; or (ii) an intelligence agency of the United States;
(i)(3) 1 PENALTIES.—Any person who violates paragraph (2) shall be fined under title 18, United States Code, imprisoned not more than 3 years, or both.
(i)(4) 2 THREATS.—Any person who intentionally threatens to commit the offense under paragraph (2) for the purpose of intimidation, coercion, extortion, or to create mental distress shall be punished as provided in paragraph (3).
(i)(5)(A)–(B) FORFEITURE.— (A) IN GENERAL.—The court, in imposing a sentence on any person convicted of a violation of paragraph (2), shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that the person forfeit to the United States— (i) the person's interest in property, real or personal, constituting or derived from any gross proceeds of the violation, or any property traceable to such property, obtained or retained directly or indirectly as a result of the violation; and (ii) any personal property of the person used, or intended to be used, in any manner or part, to commit or to facilitate the commission of the violation. (B) PROCEDURES.—Section 413 of the Controlled Substances Act (21 U.S.C. 853), with the exception of subsections (a) and (d), shall apply to the criminal forfeiture of property under subparagraph (A).
(i)(6) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial Federal jurisdiction over an offense under paragraph (2).
Section 2 amends the Communications Act of 1934 by inserting a new subsection (i) that creates a federal criminal offense for using AI-generated digital impersonations to commit fraud in interstate or foreign communications. The prohibition covers impersonation of both real identifiable individuals and imaginary individuals whose AI-generated depictions are indistinguishable from a real person. The mens rea requires both intent that the impersonation be taken as genuine and intent to defraud. Criminal penalties include fines under title 18, imprisonment up to 3 years, or both, plus mandatory criminal forfeiture of proceeds and instrumentalities. An exception protects lawfully authorized law enforcement and intelligence activities. The offense carries extraterritorial federal jurisdiction.
(b) Section 223(e)(1) of the Communications Act of 1934 (47 U.S.C. 223(e)(1)) is amended by striking ''or (h)'' and inserting ''(h), or (i)''.
This provision amends 47 U.S.C. § 223(e)(1) to extend the existing good-faith defenses available under the Communications Act to the new digital impersonation fraud offense. It creates no new compliance obligation.
(a)(1)–(2) 3 PROHIBITION.— (1) IN GENERAL.—Subject to paragraph (2), it shall be unlawful for a person, in interstate or foreign commerce, to falsely pose as an identifiable or imaginary individual in a manner intended to be taken as genuine, in a digital impersonationdigital impersonationThe term 'digital impersonation' means any visual or audio depiction of— (i) an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from an authentic visual or audio depiction of the individual; or (ii) an imaginary individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction of an imaginary individual, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from a visual or audio depiction of a real individual.47 U.S.C. § 223(i)(1)(A), with intent to defraud a person of any money, paper, document, or thing of value. (2) EXCEPTION.—The prohibition described in paragraph (1) shall not apply to a lawfully authorized investigative, protective, or intelligence activity of— (A) a law enforcement agency of the United States, a State, or a political subdivision of a State; or (B) an intelligence agency of the United States.
(b)(1)–(2) 3 ENFORCEMENT BY THE COMMISSIONCommissionThe term 'Commission' means the Federal Trade Commission.Sec. 3(c)(1).— (1) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.—A violation of subsection (a) 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 CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Sec. 3(c)(1) Act (15 U.S.C. 57a(a)(1)(B)). (2) POWERS OF THE COMMISSIONCommissionThe term 'Commission' means the Federal Trade Commission.Sec. 3(c)(1).— (A) IN GENERAL.—The CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Sec. 3(c)(1) 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 CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Sec. 3(c)(1) Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. (B) PRIVILEGES AND IMMUNITIES.—Any person who violates subsection (a) 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. 3(c)(1) Act (15 U.S.C. 41 et seq.). (C) AUTHORITY PRESERVED.—Nothing in this Act shall be construed to limit the authority of the CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Sec. 3(c)(1) under any other provision of law.
(c) DEFINITIONS.—For purposes of this section: (1) COMMISSIONCommissionThe term 'Commission' means the Federal Trade Commission.Sec. 3(c)(1).—The term ''CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Sec. 3(c)(1)'' means the Federal Trade CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Sec. 3(c)(1). (2) DIGITAL IMPERSONATIONdigital impersonationThe term 'digital impersonation' means any visual or audio depiction of— (i) an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from an authentic visual or audio depiction of the individual; or (ii) an imaginary individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction of an imaginary individual, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from a visual or audio depiction of a real individual.47 U.S.C. § 223(i)(1)(A); IDENTIFIABLE INDIVIDUALidentifiable individualThe term 'identifiable individual' means an individual— (i) who appears in whole or in part, or is heard, in a digital impersonation; and (ii) whose face, likeness, voice, or other distinguishing characteristic (including a unique birthmark or other recognizable feature) is displayed or heard in connection with such digital impersonation.47 U.S.C. § 223(i)(1)(B).—The terms ''digital impersonationdigital impersonationThe term 'digital impersonation' means any visual or audio depiction of— (i) an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from an authentic visual or audio depiction of the individual; or (ii) an imaginary individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction of an imaginary individual, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from a visual or audio depiction of a real individual.47 U.S.C. § 223(i)(1)(A)'' and ''identifiable individualidentifiable individualThe term 'identifiable individual' means an individual— (i) who appears in whole or in part, or is heard, in a digital impersonation; and (ii) whose face, likeness, voice, or other distinguishing characteristic (including a unique birthmark or other recognizable feature) is displayed or heard in connection with such digital impersonation.47 U.S.C. § 223(i)(1)(B)'' have the meaning given such terms in section 223(i) of the Communications Act of 1934 (47 U.S.C. 223(i)), as added by section 2 of this Act.
Section 3 creates a parallel civil prohibition mirroring the criminal offense in Section 2. The same conduct — falsely posing as an identifiable or imaginary individual in a digital impersonation with intent to defraud — is declared unlawful in interstate or foreign commerce and is enforceable by the Federal Trade Commission as an unfair or deceptive act or practice. The FTC receives the same jurisdiction, powers, and duties it holds under the FTC Act. The same law enforcement and intelligence exception applies. No private right of action is created.
(a) DEFINITIONS.—In this section: (1) APPROPRIATE COMMITTEES OF CONGRESSappropriate committees of CongressThe term 'appropriate committees of Congress' means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Science, Space, and Technology of the House of Representatives.Sec. 4(a)(1).—The term ''appropriate committees of Congressappropriate committees of CongressThe term 'appropriate committees of Congress' means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Science, Space, and Technology of the House of Representatives.Sec. 4(a)(1)'' means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Science, Space, and Technology of the House of Representatives. (2) DIGITAL FORENSICSdigital forensicsThe term 'digital forensics' means scientific or technical practices used to recognize, collect, analyze, or interpret digital evidence for the purposes of investigating crimes or other incidents, including the use of digital impersonation to commit fraud.Sec. 4(a)(2).—The term ''digital forensicsdigital forensicsThe term 'digital forensics' means scientific or technical practices used to recognize, collect, analyze, or interpret digital evidence for the purposes of investigating crimes or other incidents, including the use of digital impersonation to commit fraud.Sec. 4(a)(2)'' means scientific or technical practices used to recognize, collect, analyze, or interpret digital evidence for the purposes of investigating crimes or other incidents, including the use of digital impersonationdigital impersonationThe term 'digital impersonation' means any visual or audio depiction of— (i) an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from an authentic visual or audio depiction of the individual; or (ii) an imaginary individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction of an imaginary individual, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from a visual or audio depiction of a real individual.47 U.S.C. § 223(i)(1)(A) to commit fraud. (3) DIGITAL IMPERSONATIONdigital impersonationThe term 'digital impersonation' means any visual or audio depiction of— (i) an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from an authentic visual or audio depiction of the individual; or (ii) an imaginary individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction of an imaginary individual, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from a visual or audio depiction of a real individual.47 U.S.C. § 223(i)(1)(A).—The term ''digital impersonationdigital impersonationThe term 'digital impersonation' means any visual or audio depiction of— (i) an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from an authentic visual or audio depiction of the individual; or (ii) an imaginary individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction of an imaginary individual, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from a visual or audio depiction of a real individual.47 U.S.C. § 223(i)(1)(A)'' has the meaning given that term in section 223(i) of the Communications Act of 1934 (47 U.S.C. 223(i)), as added by section 2 of this Act. (4) DIRECTORDirectorThe term 'Director' means the Director of the National Institute of Standards and Technology.Sec. 4(a)(4).—The term ''DirectorDirectorThe term 'Director' means the Director of the National Institute of Standards and Technology.Sec. 4(a)(4)'' means the Director of the National Institute of Standards and Technology.
(b)(1)–(2) 4 ESTABLISHMENT OF WORKING GROUP.— (1) IN GENERAL.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the DirectorDirectorThe term 'Director' means the Director of the National Institute of Standards and Technology.Sec. 4(a)(4), shall convene a working group (referred to in this section as the ''Working Group'') to engage in technical discussions and research for the development of best practices and recommendations for the recognition, detection, prevention, and tracing of digital impersonationsdigital impersonationThe term 'digital impersonation' means any visual or audio depiction of— (i) an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from an authentic visual or audio depiction of the individual; or (ii) an imaginary individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction of an imaginary individual, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from a visual or audio depiction of a real individual.47 U.S.C. § 223(i)(1)(A) used in violation of section 223(i) of the Communications Act of 1934 (47 U.S.C. 223(i)), as amended by section 2 of this Act, and section 3(a) of this Act. (2) COMPOSITION.—The Working Group shall consist of— (A) representatives from— (i) the Department of Justice; (ii) the Federal Trade CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Sec. 3(c)(1); (iii) Federal, State, and local government law enforcement agencies; and (iv) private sector industries, including— (I) financial services; (II) health care; (III) retail and e-commerce; (IV) telecommunications; and (V) digital platforms, including social media platforms; and (B) scientists and engineers with expertise in— (i) digital forensicsdigital forensicsThe term 'digital forensics' means scientific or technical practices used to recognize, collect, analyze, or interpret digital evidence for the purposes of investigating crimes or other incidents, including the use of digital impersonation to commit fraud.Sec. 4(a)(2); and (ii) artificial intelligence, including the generation or detection of digital impersonationsdigital impersonationThe term 'digital impersonation' means any visual or audio depiction of— (i) an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from an authentic visual or audio depiction of the individual; or (ii) an imaginary individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction of an imaginary individual, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from a visual or audio depiction of a real individual.47 U.S.C. § 223(i)(1)(A).
(c) 4 PUBLIC WORKSHOP.—The DirectorDirectorThe term 'Director' means the Director of the National Institute of Standards and Technology.Sec. 4(a)(4) shall— (1) convene not less than 1 public workshop to solicit input from stakeholders on the best practices and recommendations developed under subsection (b)(1); and (2) incorporate such input into the best practices and recommendations as the DirectorDirectorThe term 'Director' means the Director of the National Institute of Standards and Technology.Sec. 4(a)(4) considers appropriate.
(d) 4 PUBLICATION OF BEST PRACTICES AND RECOMMENDATIONS.—Not later than 1 year after the date of the enactment of this Act, the DirectorDirectorThe term 'Director' means the Director of the National Institute of Standards and Technology.Sec. 4(a)(4) shall publish on a publicly accessible website of the National Institute of Standards and Technology a report that contains the best practices and recommendations developed pursuant to subsection (b)(1) and modified under subsection (c)(2).
(e) 4 ANNUAL REVIEW AND UPDATES.—Not later than 2 years after the date of the enactment of this Act, and not less frequently than once each year thereafter, the DirectorDirectorThe term 'Director' means the Director of the National Institute of Standards and Technology.Sec. 4(a)(4) shall— (1) review the best practices and recommendations developed under this section; and (2) update the best practices and recommendations published under subsection (d) as the DirectorDirectorThe term 'Director' means the Director of the National Institute of Standards and Technology.Sec. 4(a)(4) considers appropriate pursuant to the most recent review conducted pursuant to paragraph (1) of this subsection.
(f) 4 REPORT TO CONGRESS.—Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the DirectorDirectorThe term 'Director' means the Director of the National Institute of Standards and Technology.Sec. 4(a)(4) shall submit to the appropriate committees of Congressappropriate committees of CongressThe term 'appropriate committees of Congress' means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Science, Space, and Technology of the House of Representatives.Sec. 4(a)(1) a report that summarizes— (1) the meetings and collaboration of the Working Group during the year preceding the submission of the report; and (2) the work planned by the Working Group for the year following the submission of the report.
(g) SUNSET.—The requirements of this section shall terminate on the date that is 10 years after the date of the enactment of this Act.
Section 4 directs the Secretary of Commerce, acting through the Director of NIST, to convene a multi-stakeholder working group within 30 days of enactment. The working group must develop best practices and recommendations for recognizing, detecting, preventing, and tracing digital impersonations used in fraud. Membership includes DOJ, FTC, law enforcement agencies, private sector representatives from financial services, healthcare, retail, telecommunications, and digital platforms, and scientists with expertise in digital forensics and AI. NIST must convene at least one public workshop, publish a best-practices report within one year, review and update it annually beginning in year two, and report to Congress annually. The working group has a 10-year sunset.
(a) 5 LIST OF COUNTRIES WITH HIGHEST OCCURRENCE OF VIOLATIONS.—Not later than 90 days after the date of enactment of this section, the Federal Trade CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Sec. 3(c)(1) (in this section referred to as the ''CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Sec. 3(c)(1)''), in consultation with the Attorney General and the Secretary of State, shall identify a list of the top 10 foreign countries where the highest occurrence of violations of section 2 or 3 originate and harm individuals located in the United States or a territory thereof.
(b)(1)–(3) 5 FTC INTERNATIONAL AGREEMENTS.— (1) IN GENERAL.—Using the list of foreign countries identified under subsection (a), the CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Sec. 3(c)(1), in coordination with the Secretary of State, may enter into agreements with such foreign countries to ensure the cooperation of any foreign law enforcement agency in the CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Sec. 3(c)(1)'s enforcement of this Act. (2) REQUIREMENTS.—Any agreement entered into by the CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Sec. 3(c)(1) under paragraph (1) shall be subject to the requirements described in section 6(j)(4) of the Federal Trade CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Sec. 3(c)(1) Act (15 U.S.C. 46(j)(4)). (3) REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of this section, and annually thereafter, the CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Sec. 3(c)(1) 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 implementation of this subsection during the reporting period, including— (A) any new agreements with foreign countries (as described in paragraph (1)) entered into during such period; (B) any negotiations regarding new agreements or modifications to agreements with foreign countries during such period; (C) a description of the CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Sec. 3(c)(1)'s coordination with foreign law enforcement agencies to enforce alleged violations of section 3; and (D) any challenges with cooperation of foreign law enforcement agencies (including with respect to foreign countries without an agreement under paragraph (1)) in the enforcement of section 3.
(c)(1)–(2) 5 DOJ REVIEW OF INTERNATIONAL LAW ENFORCEMENT AGENCY AGREEMENTS.— (1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, and not less frequently than every 5 years thereafter, the Attorney General shall review and, as necessary and consistent with authorities under applicable law, modify international agreements with foreign law enforcement agencies in foreign countries identified under subsection (a) to encourage assistance with the enforcement of violations of section 223(i) of the Communications Act of 1934, as added by section 2 of this Act, that originate outside the United States. (2) REPORT.—Not later than 1 year after the date of enactment of this section, and every 5 years thereafter, the Attorney General shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on the Judiciary of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on the Judiciary of the House of Representatives a report that includes— (A) an analysis of the review conducted under paragraph (1); (B) a description of any modifications to international agreements described in paragraph (1) pursued by the Attorney General; and (C) recommendations to strengthen the enforcement of violations of section 223(i) of the Communications Act of 1934, as added by section 2 of this Act, that— (i) originate outside the United States; and (ii) harm United States persons located in the United States.
Section 5 directs the FTC, in consultation with the Attorney General and Secretary of State, to identify the top 10 foreign countries where digital impersonation fraud violations originate that harm U.S. persons, within 90 days of enactment. The FTC may then enter into international cooperation agreements with those countries for enforcement assistance, subject to existing FTC Act requirements for international agreements. The Attorney General must separately review and, as necessary, modify international law enforcement agreements with those countries to facilitate enforcement of the criminal offense, initially within one year and at least every five years thereafter. Both the FTC and DOJ must report to Congress on their respective international cooperation efforts.
Nothing in this Act shall be construed to restrict parody, satire, journalism, or any other rights, privileges, or immunities protected by the First Amendment to the Constitution of the United States.
Section 6 is a standard savings clause providing that nothing in the Act shall be construed to restrict parody, satire, journalism, or any other rights, privileges, or immunities protected by the First Amendment. This creates no new compliance obligation but narrows the scope of the prohibitions in Sections 2 and 3.