Spot the Fakes Act

A person that owns or controls AI-generated content shall label such content as AI-generated within the metadata of the output or by any other technological means to provide indelible verification of provenance as determined appropriate by the Director of the National Institute of Standards and Technology.

Not later than 6 months after the date of the enactment of this section, the Commission, in consultation with the Director of the National Institute of Standards and Technology, shall issue regulations that determine the method for how the label required under subsection (a) is shown in the metadata or by other technological means.

A violation of subsection (a) or a regulation promulgated under such subsection shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.

The Federal Trade Commission shall enforce subsection (a) and any regulation promulgated under such subsection in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates such subsection or a regulation promulgated under such subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.

In this section:

The terms artificial intelligence and AI have the meaning given the term artificial intelligence in the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).

The term AI-generated content includes any video, image, audio, text, or any other medium that is generated by artificial intelligence.

The term Commission means the Federal Trade Commission.

The term metadata has the meaning given that term in section 3502 of title 44, United States Code.