H.R. 7786

AI Fraud Accountability Act

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Sec. 3. Protection against digital impersonation fraud

(a) 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 impersonation, 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) Enforcement by the Commission

(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 Commission Act (15 U.S.C. 57a(a)(1)(B)).

(2) Powers of the Commission

(A) In general. 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.

(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 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.

(c) Definitions. For purposes of this section:

(1) Commission. The term Commission means the Federal Trade Commission.

(2) Digital impersonation; identifiable individual. The terms digital impersonation and identifiable individual 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.