H.R. 10841

Securing Elections From AI Deception Act

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Sec. 4. Requiring disclaimers on election-related content generated by artificial intelligence

(a) Requirement for persons deploying content

(1) In general. A deployer who uses a covered algorithm to generate, in whole or in part, an image, text, video, audio, or other media, and intentionally publishes such content, shall include the disclaimer described in paragraph (2) if—

(A) the content includes a simulation, alteration, or distortion of an image or video of a candidate for Federal, State, or local office;

(B) the content includes audio simulating, altering, or distorting the voice of a candidate for Federal, State, or local office; or

(C) the content depicts information about the time, place, manner, or requirements for voting or registering to vote in election for Federal, State, or local office.

(2) Disclaimer described. The disclaimer described in this paragraph is either of the following:

(A) The following statement: AI Disclaimer: This output was generated by artificial intelligence.

(B) A symbol, similar in size and design to the copyright symbol, consisting of the letters AI in a circle.

(b) Requirements for developers. A developer who offers the ability to use a covered algorithm to generate or publish any content described in subparagraphs (A), (B), or (C) of subsection (a)(1) shall—

(1) provide deployers of the covered algorithm a mechanism to comply with subsection (a); and

(2) to the extent technically feasible, make the disclaimers required to be included by the deployer under subsection (a) permanent or unable to be easily removed.

(c) Administration and enforcement by Federal Trade Commission

(1) Regulations required. Not later than 2 years after the date of the enactment of this Act, the Commission shall issue regulations under section 553 of title 5, United States Code, that detail the time, place, manner, and other appropriate requirements for the use of the disclaimer required by subsection (a), including accessibility for persons with disabilities and measures to ensure that the disclaimer is appropriate to the medium in which it is published.

(2) Additional authority. The Commission may issue regulations under section 553 of title 5, United States Code, that provide exceptions to subsection (a) in specific circumstances in which it would be obvious to a reasonable person that the media is a synthetic depiction of an actual item, place, person, or event.

(3) Enforcement

(A) Unfair or deceptive acts or practices. A violation of this section or a regulation issued under this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.

(B) Powers of Commission. The Commission shall enforce this section and any regulation issued under this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section, and any person who violates this section or a regulation issued under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.

(4) Reporting requirement

(A) Public education. During the 5-year period which begins on the date of the enactment of this Act, the Commission shall undertake reasonable efforts to educate the public about the meaning and use of the disclaimer required by subsection (a).

(B) Report. At the conclusion of the period described in subparagraph (A), the Commission shall submit a report to Congress on the adoption and effectiveness of the disclaimer required by subsection (a).

(d) Effective date. This section shall take effect upon the expiration of the 60-day period which begins on the date on which the Commission issues the regulations required under subsection (c)(1).