Deepfake Report Act of 2019

IC 116TH CONGRESS 1ST SESSION S. 2065 IN THE HOUSE OF REPRESENTATIVES OCTOBER 28, 2019 Referred to the Committee on Energy and Commerce AN ACT 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 VerDate Sep 11 2014 01:36 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2065.RFH S2065 pamtmann on DSKBC07HB2PROD with BILLS 2 S 2065 RFH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Deepfake Report Act 2 of 2019’’. 3 SEC. 2. DEFINITIONS. 4 In this Act: 5 (1) DIGITAL CONTENT FORGERY.—The term 6 ‘‘digital content forgery’’ means the use of emerging 7 technologies, including artificial intelligence and ma- 8 chine learning techniques, to fabricate or manipulate 9 audio, visual, or text content with the intent to mis- 10 lead. 11 (2) SECRETARY.—The term ‘‘Secretary’’ means 12 the Secretary of Homeland Security. 13 SEC. 3. REPORTS ON DIGITAL CONTENT FORGERY TECH- 14 NOLOGY. 15 (a) IN GENERAL.—Not later than 1 year after the 16 date of enactment of this Act, and annually thereafter for 17 5 years, the Secretary, acting through the Under Sec- 18 retary for Science and Technology, shall produce a report 19 on the state of digital content forgery technology. 20 (b) CONTENTS.—Each report produced under sub- 21 section (a) shall include— 22 (1) an assessment of the underlying tech- 23 nologies used to create or propagate digital content 24 forgeries, including the evolution of such tech- 25 nologies; 26 VerDate Sep 11 2014 01:36 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2065.RFH S2065 pamtmann on DSKBC07HB2PROD with BILLS 3 S 2065 RFH (2) a description of the types of digital content 1 forgeries, including those used to commit fraud, 2 cause harm, or violate civil rights recognized under 3 Federal law; 4 (3) an assessment of how foreign governments, 5 and the proxies and networks thereof, use, or could 6 use, digital content forgeries to harm national secu- 7 rity; 8 (4) an assessment of how non-governmental en- 9 tities in the United States use, or could use, digital 10 content forgeries; 11 (5) an assessment of the uses, applications, 12 dangers, and benefits of deep learning technologies 13 used to generate high fidelity artificial content of 14 events that did not occur, including the impact on 15 individuals; 16 (6) an analysis of the methods used to deter- 17 mine whether content is genuinely created by a 18 human or through digital content forgery technology 19 and an assessment of any effective heuristics used to 20 make such a determination, as well as recommenda- 21 tions on how to identify and address suspect content 22 and elements to provide warnings to users of the 23 content; 24 VerDate Sep 11 2014 01:36 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2065.RFH S2065 pamtmann on DSKBC07HB2PROD with BILLS 4 S 2065 RFH (7) a description of the technological counter- 1 measures that are, or could be, used to address con- 2 cerns with digital content forgery technology; and 3 (8) any additional information the Secretary de- 4 termines appropriate. 5 (c) CONSULTATION AND PUBLIC HEARINGS.—In pro- 6 ducing each report required under subsection (a), the Sec- 7 retary may— 8 (1) consult with any other agency of the Fed- 9 eral Government that the Secretary considers nec- 10 essary; and 11 (2) conduct public hearings to gather, or other- 12 wise allow interested parties an opportunity to 13 present, information and advice relevant to the pro- 14 duction of the report. 15 (d) FORM OF REPORT.—Each report required under 16 subsection (a) shall be produced in unclassified form, but 17 may contain a classified annex. 18 (e) APPLICABILITY OF FOIA.—Nothing in this Act, 19 or in a report produced under this section, shall be con- 20 strued to allow the disclosure of information or a record 21 that is exempt from public disclosure under section 552 22 of title 5, United States Code (commonly known as the 23 ‘‘Freedom of Information Act’’). 24 VerDate Sep 11 2014 01:36 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2065.RFH S2065 pamtmann on DSKBC07HB2PROD with BILLS 5 S 2065 RFH (f) APPLICABILITY OF THE PAPERWORK REDUCTION 1 ACT.—Subchapter I of chapter 35 of title 44, United 2 States Code (commonly known as the ‘‘Paperwork Reduc- 3 tion Act’’), shall not apply to this Act. 4 Passed the Senate October 24, 2019. Attest: JULIE E. ADAMS, Secretary. VerDate Sep 11 2014 01:36 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2065.RFH S2065 pamtmann on DSKBC07HB2PROD with BILLS