Securing Elections From AI Deception Act

(a) In general. A developer or deployer shall not offer, license, or use a covered algorithm in a manner that is not safe and effective.

(b) Safe. For purposes of subsection (a), a covered algorithm is safe if—

(1) the developer or deployer has taken reasonable measures to prevent or mitigate harms identified by a pre-deployment evaluation or impact assessment;

(2) use of the covered algorithm as intended is not likely to result in a violation of this Act; and

(3) the developer or deployer evaluates the possibility of not offering, licensing, or using the covered algorithm, or removing a covered algorithm from use, and reasonably concludes that—

(A) use of the covered algorithm is not likely to result in substantial harm to individuals;

(B) the benefits to individuals affected by the covered algorithm likely outweigh the costs to such individuals;

(C) individuals can reasonably avoid being affected by the covered algorithm; and

(D) use of the covered algorithm is not likely to result in deceptive practices.

(c) Effective. For purposes of subsection (a), a covered algorithm is effective if the developer or deployer has taken reasonable steps to ensure that—

(1) the covered algorithm functions at a level that would be considered reasonable performance by a person with ordinary skill in the art;

(2) the covered algorithm functions in a manner that is consistent with the expected performance and publicly advertised performance of the covered algorithm;

(3) the covered algorithm functions in a manner that is consistent with any publicly advertised purpose or use; and

(4) any data used in the design, development, deployment, or use of the covered algorithm is relevant and appropriate to the deployment context and the publicly advertised purpose.

(d) Enforcement by Federal Trade Commission

(1) Unfair or deceptive acts or practices. A violation of 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.

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