Deepfakes Report Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3600 To require the Secretary of Homeland Security to publish an annual report on the use of deepfake technology, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 28, 2019 Mr. KILMER (for himself, Mr. KING of New York, Mrs. MURPHY, and Mr. HURD of Texas) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Secretary of Homeland Security to publish an annual report on the use of deepfake technology, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Deepfakes Report Act 4 of 2019’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) DIGITAL CONTENT FORGERY.—The term 8 ‘‘digital content forgery’’ means the use of emerging 9 VerDate Sep 11 2014 05:16 Jul 10, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3600.IH H3600 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3600 IH technologies, including artificial intelligence and ma- 1 chine learning techniques, to fabricate or manipulate 2 audio, visual, or text content with the intent to mis- 3 lead. 4 (2) SECRETARY.—The term ‘‘Secretary’’ means 5 the Secretary of Homeland Security. 6 SEC. 3. REPORTS ON DIGITAL CONTENT FORGERY TECH- 7 NOLOGY. 8 (a) IN GENERAL.—Not later than 200 days after the 9 date of enactment of this Act and every 18 months there- 10 after, the Secretary, acting through the Under Secretary 11 for Science and Technology, shall produce a report on the 12 state of digital content forgery technology. 13 (b) CONTENTS.—Each report produced under sub- 14 section (a) shall include— 15 (1) an assessment of the underlying tech- 16 nologies used to create or propagate digital content 17 forgeries, including the evolution of such tech- 18 nologies; 19 (2) a description of the types of digital content 20 forgeries, including use— 21 (A) by foreign or domestic sources; and 22 (B) in cyber attacks, pornography, and 23 media; 24 VerDate Sep 11 2014 05:16 Jul 10, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3600.IH H3600 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3600 IH (3) an assessment of how foreign governments, 1 and the proxies and networks thereof, use, or could 2 use, digital content forgeries to harm national secu- 3 rity; 4 (4) an assessment of how non-governmental en- 5 tities in the United States, use, or could use, digital 6 content forgeries; 7 (5) an assessment of the uses, applications, 8 dangers, and benefits of deep learning technologies 9 used to generate high fidelity artificial content of 10 events that did not occur; 11 (6) an analysis of the methods used to deter- 12 mine whether content is genuinely created by a 13 human or through digital content forgery tech- 14 nology, including an assessment of any effective 15 heuristics used to make such a determination; 16 (7) a description of the technological counter- 17 measures that are, or could be, used to address con- 18 cerns with digital content forgery technology; 19 (8) recommendations regarding whether addi- 20 tional legal authorities are needed to address the 21 findings of the report; and 22 (9) any additional information the Secretary de- 23 termines appropriate. 24 VerDate Sep 11 2014 05:16 Jul 10, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3600.IH H3600 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3600 IH (c) CONSULTATION AND PUBLIC HEARINGS.—In pro- 1 ducing each report required under subsection (a), the Sec- 2 retary shall— 3 (1) consult with— 4 (A) the intelligence community (as defined 5 in section 3 of the National Security Act of 6 1947 (50 U.S.C. 3003)); 7 (B) the Secretary of Defense; 8 (C) the Chairman of the Joint Chiefs of 9 Staff; 10 (D) the Department of Justice, Computer 11 Crime and Intellectual Property Section; 12 (E) the Office of Science and Technology 13 Policy; 14 (F) the National Institute of Standards 15 and Technology; 16 (G) the National Science Foundation; 17 (H) the Federal Election Commission; 18 (I) the Federal Trade Commission; and 19 (J) any other agency of the Federal gov- 20 ernment that the Secretary considers necessary; 21 and 22 (2) conduct public hearings to gather, or other- 23 wise allow interested parties an opportunity to 24 VerDate Sep 11 2014 05:16 Jul 10, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3600.IH H3600 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3600 IH present, information and advice relevant to the pro- 1 duction of the report. 2 (d) FORM OF REPORT.—Each report produced under 3 subsection (a) shall be produced in unclassified form, but 4 may contain a classified annex. 5 (e) APPLICABILITY OF FOIA.—Nothing in this Act, 6 or in a report produced under this section, shall be con- 7 strued to allow the disclosure of information or a record 8 that is exempt from public disclosure under section 552 9 of title 5, United States Code. 10 Æ VerDate Sep 11 2014 05:16 Jul 10, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3600.IH H3600 pamtmann on DSKBFK8HB2PROD with BILLS