Cantwell, Blackburn, Heinrich Introduce Legislation to Combat AI Deepfakes and Demand Transparency
SCL, SGA, and MCNA Statement:
The Society of Composers & Lyricists (SCL), the Songwriters Guild of America (SGA), and Music Creators North America (MCNA) applaud Senator Cantwell for initiating a crucial, beginning step towards addressing the myriad of existential threats to the American songwriter and composer community posed by unregulated generative artificial intelligence. As the leading organizational representatives for America’s music creators, our independent groups represent many thousands of composers and songwriters, solely. We formulate our policy positions without undue outside influence from third parties, and we extend our enthusiastic support for introduction of the proposed bill. The urgent need to require all generative AI users to deal transparently and fairly with the creative community cannot be overstated, and we look forward to working with Senator Cantwell’s office in addressing these and the many other challenges and opportunities provided by GenAI technologies in the immediate future.
Today, U.S. Senators Maria Cantwell (D-Wash.), Chair of the Senate Commerce Committee, Marsha Blackburn (R-Tenn.), member of the Commerce Committee, and Martin Heinrich (D-N.M.), member of the Senate AI Working Group, introduced the Content Origin Protection and Integrity from Edited and Deepfaked Media Act (COPIED ACT), to combat the rise of harmful deepfakes. The bill would set new federal transparency guidelines for marking, authenticating and detecting AI-generated content, protect journalists, actors and artists against AI-driven theft, and hold violators accountable for abuses.
“The bipartisan COPIED Act I introduced with Senator Blackburn and Senator Heinrich, will provide much-needed transparency around AI-generated content,” said Senator Cantwell. “The COPIED Act will also put creators, including local journalists, artists and musicians, back in control of their content with a provenance and watermark process that I think is very much needed.”
“Artificial intelligence has given bad actors the ability to create deepfakes of every individual, including those in the creative community, to imitate their likeness without their consent and profit off of counterfeit content,” said Senator Blackburn. “The COPIED Act takes an important step to better defend common targets like artists and performers against deepfakes and other inauthentic content.”
“Deepfakes are a real threat to our democracy and to Americans’ safety and well-being,” said Senator Heinrich. “I’m proud to support Senator Cantwell’s COPIED Act that will provide the technical tools needed to help crack down on harmful and deceptive AI-generated content and better protect professional journalists and artists from having their content used by AI systems without their consent. Congress needs to step up and pass this legislation to protect the American people.”
The Transparency and Deepfakes Act:
- Creates Transparency Standards: Requires the National Institute of Standards and Technology (NIST) to develop guidelines and standards for content provenance information, watermarking and synthetic content detection. These standards will promote transparency to identify if content has been generated or manipulated by AI, as well as where AI content originated. The bill also directs NIST to develop cybersecurity measures to prevent tampering with provenance and watermarking on AI content.
- Puts Journalists, Artists and Musicians in Control of Their Content: Requires providers of AI tools used to generate creative or journalistic content to allow owners of that content to attach provenance information to it and prohibits its removal. The bill prohibits the unauthorized use of content with provenance information to train AI models or generate AI content. These measures give content owners—journalists, newspapers, artists, songwriters, and others—the ability to protect their work and set the terms of use for their content, including compensation.
- Gives Individuals a Right to Sue Violators: Authorizes the Federal Trade Commission (FTC) and state attorneys general to enforce the bill’s requirements. It also gives newspapers, broadcasters, artists, and other content owners the right to bring suit in court against platforms or others who use their content without permission.
- Prohibits Tampering with or Disabling AI Provenance Information: Currently, there is no law that prohibits removing, disabling, or tampering with content provenance information. The bill prohibits anyone, including internet platforms, search engines and social media companies, from interfering with content provenance information in these ways.