Overview

Title

To require transparency with respect to content and content provenance information, to protect artistic content, and for other purposes.

ELI5 AI

The Content Origin Protection and Integrity from Edited and Deepfaked Media Act of 2024 is like magic labels that help people see what's real and not-real in pictures and videos on computers; it also tries to make sure nobody cheats by changing or hiding these labels.

Summary AI

The Content Origin Protection and Integrity from Edited and Deepfaked Media Act of 2024 seeks to increase transparency and protect artistic content related to synthetic media, such as deepfakes and digitally modified content. It mandates the development of voluntary standards for identifying and labeling such content, requiring tools to include machine-readable information about the origins and authenticity of media. The bill makes it illegal to alter or remove this information deceptively and enforces these rules with penalties under the Federal Trade Commission's oversight, while also allowing states and private parties to take legal action if these provisions are violated.

Published

2024-07-11
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-07-11
Package ID: BILLS-118s4674is

Bill Statistics

Size

Sections:
9
Words:
3,445
Pages:
18
Sentences:
77

Language

Nouns: 1,010
Verbs: 327
Adjectives: 227
Adverbs: 44
Numbers: 89
Entities: 101

Complexity

Average Token Length:
4.57
Average Sentence Length:
44.74
Token Entropy:
5.32
Readability (ARI):
26.01

AnalysisAI

Overview of the Bill

The bill titled "Content Origin Protection and Integrity from Edited and Deepfaked Media Act of 2024" addresses the growing concerns over the transparency and credibility of digital content manipulated by artificial intelligence (AI) technologies. It aims to enhance visibility into AI systems, set standards for digital content origins, and safeguard artistic content from being unfairly exploited by AI-generated or modified content.

Key Components

The bill highlights several critical areas through its various sections:

  1. Criteria and Standards for AI Systems: There is a call for increased transparency about how AI systems function and the data used in their training. The lack of standards is troubling, given the ease with which digital content can be manipulated today.

  2. Definitions: The document provides precise definitions for various terms such as "synthetic content," "synthetically-modified content," and "deepfakes" to set the groundwork for legal clarity and enforcement.

  3. Development of Standards and Research Initiatives: It encourages a public-private partnership to create technology standards for tracking digital content origins and detecting synthetic modifications. These efforts will likely involve guidelines, tool evaluation, and incentives like prizes for innovation.

  4. Public Education: The National Institute of Standards and Technology (NIST) is tasked with both developing detection technologies and launching a public awareness campaign about the implications and technologies surrounding synthetic content.

  5. Regulations and Enforcement: The legislation proposes that it will be illegal to remove or tamper with content origin data deceptively. It outlines enforcement roles for the Federal Trade Commission and state attorneys general, as well as provides private individuals and entities legal avenues to seek redress.

Significant Issues

The bill, though thorough in its intent, has several notable issues:

  • Lack of Specific Funding: There's no detailed allocation of funds for the implementation of research or the establishment of standards, leading to uncertainty in financial planning and execution.

  • Complex Terminologies: Many definitions rely on subjective criteria, which might complicate enforcement, particularly in legal contexts. Terms like "reasonable measures" and thresholds for compliance lack precise explanation.

  • Implementation Timeline: The two-year window for businesses to comply with content provenance requirements might be challenging for smaller enterprises.

  • Vague Oversight: There are ambiguities in identifying which private entities might engage with the government in these new partnerships, raising concerns about favoritism or lack of transparency.

  • Legal Language Complexity: Sections on enforcement and the rights of state and private enforcers might be difficult for the general public to understand due to legal jargon, potentially impacting its broader acceptance and compliance.

Potential Impact

General Public

For the general public, this bill seeks to protect consumers and citizens from being deceived by manipulated media that can seem real. By establishing clearer standards and transparency, it aims to enhance trust and integrity in digital content.

Artists and Content Creators

Artists and other content creators stand to benefit significantly as the bill addresses their concerns over their work being exploited without consent. It encourages fair competition and protects against the unauthorized use of their content for AI training.

Businesses and Technology Platforms

Businesses, especially large content platforms, might face new compliance burdens as they adjust to enforce the provenance information requirements. While major tech companies may have the resources to adapt, smaller businesses might struggle with the timeline and technical complexities.

Legal and Regulatory Bodies

The Federal Trade Commission and state authorities as enforcers might experience an increased workload. The legal intricacies might require additional resources and efforts to ensure consistent application and understanding of the bill's regulations.

Conclusion

While this legislative move is a step towards addressing the ethics and fairness in the AI-mediated digital content world, stakeholders will need to navigate various challenges. These include issues of funding, compliance timelines, and the sophistication required to implement and monitor new standards effectively. The impact, however, could lead to a more transparent and equitable digital media landscape if executed efficiently.

Financial Assessment

The bill titled "Content Origin Protection and Integrity from Edited and Deepfaked Media Act of 2024" presents a legislative framework aimed at enhancing transparency and protecting artistic content in the digital realm, particularly in relation to synthetic media such as deepfakes. However, when analyzing the financial aspects, there are key areas that deserve attention.

Absence of Specific Financial Allocations

One of the significant issues within the bill is the absence of specific funding allocations for various initiatives and programs it proposes. The bill is ambitious in scope, outlining the development of voluntary standards, research programs, and public education campaigns, as detailed in Sections 2, 4, and 5. Despite the broad objectives, it does not explicitly mention any funding sources or financial commitments to ensure these initiatives' successful execution.

This absence may lead to financial uncertainty. Initiatives like the facilitation of public-private partnerships for developing standards or the research conducted by the National Institute of Standards and Technology require considerable investment. Without designated funds, there is a risk that these initiatives may be underfunded or not implemented effectively.

Revenue Thresholds for Covered Platforms

The bill defines a "covered platform," which could be a website, internet application, or mobile application with significant reach, as one that either generates at least $50,000,000 in annual revenue or has at least 25,000,000 monthly active users for a period preceding any conduct. This definition implies a dual focus on both financial performance and user engagement to capture entities with substantial market presence. Such criteria aim to ensure that platforms with significant economic power are held to stringent standards without imposing similar burdens on smaller entities.

Implications for Smaller Businesses

Regarding the financial implications for smaller businesses, there is potential concern about the timeline for implementing content provenance measures as described in Section 6. The bill mandates a timeframe of 2 years post-enactment for compliance. Smaller businesses, which may lack the financial resources or technical capabilities of larger counterparts, could struggle to meet these requirements without clear funding or support outlined within the bill.

Complex Language and Legal Jargon

Additionally, the complex language and legal jargon throughout the bill may compound these financial challenges. Without clear, accessible guidance on compliance, smaller companies may face increased costs in seeking legal counsel or technical expertise to meet requirements, thus placing an additional financial burden on them.

Overall, while the bill lays a comprehensive groundwork for managing synthetic content and enhancing digital transparency, its lack of explicit financial frameworks and resources presents potential challenges in translating legislative goals into actionable programs and compliance measures, particularly impacting small-to-medium enterprises.

Issues

  • The bill lacks specific funding allocations for various programs and initiatives described, such as the development of standards, research programs, and public education campaigns. This absence may lead to financial uncertainty and is referenced in Sections 2, 4, and 5.

  • The definitions of 'synthetic content' and 'synthetically-modified content', as well as other technical terms like 'deepfake', rely heavily on subjective or complex criteria, possibly leading to challenges in legal interpretation and enforcement. These issues are found in Section 3 and across various other sections.

  • The lack of detail on penalties and enforcement procedures for non-compliance leaves uncertainty about legal consequences for violating provisions related to content provenance. This is detailed in Sections 6 and 7.

  • The vagueness regarding which private entities might be involved in the public-private partnerships could open the door to favoritism and lack of transparency, as noted in Section 4.

  • The requirement for security measures to ensure content provenance information is machine-readable might be technically challenging to implement, particularly the 'reasonable security measures' that could vary in interpretation. This is discussed in Section 6.

  • The timeline of '2 years after the date of enactment' for implementing content provenance measures could pose challenges, especially for smaller businesses that may not have the resources to comply within this timeframe. This issue is outlined in Section 6.

  • Lack of clarity and complexity of language used throughout the bill, particularly legal references and technical jargon, may make it difficult for the general public and small businesses to understand compliance requirements. This is seen throughout the document but particularly in Sections 6 and 7.

  • The provision allowing states to bring civil actions as 'parens patriae' might not be well understood by those without legal knowledge, which is critical in the enforcement context described in Section 7.

  • The section granting broad discretion to the Under Secretary to determine other matters relating to transparency of synthetic media could be seen as granting overly broad powers without clear oversight, as found in Section 4.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

The section explains the short title of the Act, which is called the “Content Origin Protection and Integrity from Edited and Deepfaked Media Act of 2024.” It also includes the table of contents for the Act.

2. Sense of Congress Read Opens in new tab

Summary AI

Congress believes there are significant challenges with understanding how artificial intelligence (AI) systems operate, transparency about the data used to train these systems, and the absence of agreed-upon standards to guide their development. These issues make it hard to determine the authenticity of digital content, especially for content creators whose work is used for training AI and leads to unfair competition with their original content. Establishing shared standards could address these problems and help the U.S. lead in AI innovation.

3. Definitions Read Opens in new tab

Summary AI

In this section of the bill, various terms are defined, including "artificial intelligence," which refers to technology as described in the National Artificial Intelligence Initiative Act. It also explains concepts like "blue-teaming" and "red-teaming," which involve assessing the security and risks of AI systems, and outlines definitions for terms such as "deepfake," "synthetic content," and "watermarking," which involve content authenticity and manipulation.

Money References

  • (6) COVERED PLATFORM.—The term “covered platform” means a website, internet application, or mobile application available to users in the United States, including a social networking site, video sharing service, search engine, or content aggregation service available to users in the United States, that either— (A) generates at least $50,000,000 in annual revenue; or (B) had at least 25,000,000 monthly active users for not fewer than 3 of the 12 months immediately preceding any conduct by the covered platform in violation of this Act.

4. Facilitation of development of standards for content provenance information and detection of synthetic content and synthetically-modified content Read Opens in new tab

Summary AI

The section instructs the Under Secretary to create a partnership between the government and private sector to develop standards for tracking the origin of digital content and identifying fake or altered content. It includes creating guidelines, evaluating tools, and offering challenges to improve technology for detecting and labeling this type of content.

5. National Institute of Standards and Technology research, development, and public education regarding synthetic content and synthetically-modified content Read Opens in new tab

Summary AI

The section mandates that the National Institute of Standards and Technology (NIST) conduct research to improve detection and protection technologies for synthetic and modified content, such as deepfakes. Additionally, it requires a public education campaign about these technologies and their importance within one year of the law's enactment.

6. Requirements for content provenance information; prohibited acts Read Opens in new tab

Summary AI

This section of the bill outlines rules for ensuring that information showing the origin of digital content (content provenance) is included and protected. It makes it illegal for anyone to remove or alter this information to deceive others and requires gaining permission before using content with provenance details for creating new AI-generated content.

7. Enforcement Read Opens in new tab

Summary AI

The section outlines how this Act is enforced, detailing roles for both the Federal Trade Commission and state attorneys general in addressing violations. It explains the legal actions that private individuals and states can pursue, such as civil actions and injunctions, if someone breaks the rules of the Act, as well as the potential consequences like damages or penalties.

8. Rule of construction Read Opens in new tab

Summary AI

This section clarifies that the Act does not change or affect the rights of copyright owners under any other laws.

9. Severability Read Opens in new tab

Summary AI

If any part of this Act or its amendments is found to be unenforceable or invalid, the rest of the Act and its amendments will still remain in effect.