Protecting Consumers from Deceptive AI Act

This bill requires the National Institute of Standards and Technology (NIST) to create task forces to develop technical standards and guidelines for identifying content made by generative AI, and mandates that audio or visual content created or substantially modified by generative AI include a disclosure of its AI origin, enforced by the Federal Trade Commission (FTC).

Sec. 3, Guidelines to facilitate distinguishing content generated by generative AI: Within 90 days of enactment, the NIST Director must establish task forces to support technical standards for content provenance metadata, watermarking, digital fingerprinting, and other measures for audio or visual content; to help online platforms identify and label such content; and to develop standards for text-based content. Task forces include representatives from federal agencies, AI developers, standards organizations, social media and online platforms, browser and OS developers, academics, privacy advocates, human rights lawyers, media organizations, creator associations, AI testing experts, and digital forensics experts. They must report to the NIST Director within 270 days and to Congress annually for five years. They must also consider privacy-preserving guidance for storing and displaying content provenance data.

Sec. 3(b), Informing consumers of content generated by AI: Providers of generative AI applications must ensure audio or visual content includes a machine-readable disclosure of AI origin, prevent tampering, collaborate with online platforms, and allow users to add metadata about the AI model, name, date, and portion modified. Providers of covered online platforms (with at least $50 million annual revenue or 25 million monthly active users) must clearly show such disclosures and not remove them. The FTC must issue regulations within two years, after consulting NIST and the task forces. Violations are treated as unfair or deceptive acts under the FTC Act. Compliance can be achieved through FTC-approved self-regulatory guidelines, with appeals to federal court. The FTC must consider privacy and interoperability when making regulations or approving guidelines.

Sec. 3(c), Definitions: Defines key terms including 'audio or visual content' as digital images, video, or audio; 'Commission' as the FTC; 'content provenance' as the origin and history of digital content; 'covered online platform' as websites or apps in the U.S. meeting revenue or user thresholds; 'digital fingerprinting' as deriving an identifier from content for later matching; 'generative artificial intelligence' as models generating new data similar to training data; 'machine-readable' and 'metadata' as defined in U.S. Code; and 'watermarking' as embedding tamper-resistant information into content.