“A bill to establish protections against digital impersonation fraud, and for other purposes.”
No CRS summary available for this bill.
This section establishes a new criminal offense under the Communications Act of 1934 (47 U.S.C. 223(i)) prohibiting the use of a digital impersonation—i.e., an AI-generated or technologically manipulated visual or audio depiction indistinguishable from real—to falsely pose as an identifiable individual (i.e., whose face, voice, or other distinguishing characteristic appears) or imaginary individual with intent to defraud another of money or thing of value in interstate or foreign communications, subject to exceptions for authorized law enforcement or intelligence activities. Violators face fines under 18 U.S.C., imprisonment for up to 3 years, or both; the same penalties apply to intentional threats to commit the offense for purposes of intimidation, coercion, extortion, or mental distress. The section requires criminal forfeiture of any gross proceeds of the violation (or traceable property) and any personal property used or intended to commit or facilitate it, with procedures under 21 U.S.C. 853 (standard criminal forfeiture applicable to certain drug offenses) except subsections (a) (property subject to forfeiture) and (d) (third-party intervention). It asserts extraterritorial jurisdiction, redesignates existing subsection (i) as (j), and extends existing defenses to the new offense.
This section prohibits a person, in interstate or foreign commerce, from using digital impersonation to falsely pose as an identifiable or imaginary individual in a manner intended to be taken as genuine, with intent to defraud another of money or any thing of value (except for lawfully authorized investigative, protective, or intelligence activities of U.S., state, or local law enforcement or U.S. intelligence agencies). It treats such violations as a violation of a rule defining an unfair or deceptive act or practice under the Federal Trade Commission’s (FTC) rulemaking authority (15 U.S.C. 57a(a)(1)(B)) and authorizes the FTC to enforce the prohibition using all powers, jurisdiction, penalties, privileges, and immunities available under the FTC Act (15 U.S.C. 41 et seq.).
This section directs the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology (NIST), to convene within 30 days of enactment a working group to develop best practices and recommendations for the recognition, detection, prevention, and tracing of digital impersonations (i.e., as defined in new 47 U.S.C. 223(i)) used to commit fraud in violation of specified communications laws. The working group comprises representatives from the Department of Justice, Federal Trade Commission, federal/state/local law enforcement, private sectors (financial services, health care, retail/e-commerce, telecommunications, and digital/social media platforms), and experts in digital forensics and artificial intelligence. This section further requires NIST to (1) hold at least one public workshop to solicit stakeholder input and incorporate it as appropriate; (2) publish the best practices and recommendations in a report on its website within one year of enactment; (3) review and update them annually beginning two years after enactment; and (4) submit annual reports to designated congressional committees (Commerce, Science, and Transportation of the Senate; Science, Space, and Technology of the House) summarizing working group activities and plans. The requirements sunset 10 years after enactment.
This section directs the Federal Trade Commission (FTC), within 90 days of enactment and in consultation with the Attorney General and Secretary of State, to identify the top 10 foreign countries where the highest occurrence of violations of section 2 or 3 originate and harm individuals in the United States or its territories. It further (1) authorizes the FTC, using that list and in coordination with the Secretary of State, to enter cooperation agreements with foreign law enforcement agencies for enforcing this Act, subject to requirements in section 6(j)(4), and requires annual reports to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Energy and Commerce detailing new agreements, negotiations, coordination efforts, and cooperation challenges; and (2) requires the Attorney General, within one year of enactment and every five years thereafter, to review and modify—as necessary and consistent with applicable law—international agreements with law enforcement agencies in those countries to encourage assistance in enforcing violations of new section 223(i) of the Communications Act of 1934 (added by section 2), with reports to specified Senate and House committees analyzing the reviews, describing modifications, and providing recommendations to strengthen enforcement against such foreign-originated violations harming U.S. persons.
This section provides a savings clause clarifying that nothing in the Act restricts parody, satire, journalism, or any other rights, privileges, or immunities protected by the First Amendment.