Requirements for content provenance information; prohibited acts

(a) Content provenance information (1) Synthetic content and synthetically-modified content Beginning on the date that is 2 years after the date of enactment of this Act, any person who, for a commercial purpose, makes available in interstate commerce a tool used for the primary purpose of creating synthetic content or synthetically-modified content shall— (A) taking into consideration the content provenance information standards established under section 4, provide users of such tool with the ability to include content provenance information that indicates the piece of digital content is synthetic content or synthetically-modified content for any synthetic content or synthetically-modified content created by the tool; and (B) in the event a user opts to include content provenance information under subparagraph (A), establish, to the extent technically feasible, reasonable security measures to ensure that such content provenance information is machine-readable and not easily removed, altered, or separated from the underlying content. (2) Covered content Beginning on the date that is 2 years after the date of enactment of this Act, any person who, for a commercial purpose, makes available in interstate commerce a tool used for the primary purpose of creating or substantially modifying covered content shall— (A) taking into consideration the content provenance information standards established under section 4, provide users of such tool with the ability to include content provenance information for any covered content created or significantly modified by the tool; and (B) in the event a user opts to include content provenance information under subparagraph (A), establish, to the extent technically feasible, reasonable security measures to ensure that such content provenance information is machine-readable and not easily removed, altered, or separated from the underlying content. (b) Removal of content provenance information (1) In general It shall be unlawful for any person to knowingly remove, alter, tamper with, or disable content provenance information in furtherance of an unfair or deceptive act or practice in or affecting commerce. (2) Covered platforms (A) In general Subject to subparagraph (B), it shall be unlawful for a covered platform, to remove, alter, tamper with, or disable content provenance information or to separate the content provenance information from the content so that the content provenance information cannot be accessed by users of the platform. (B) Exception for security research A covered platform shall not be liable for a violation of subparagraph (A) if such covered platform removes, alters, tampers with, or disables content provenance information for a purpose necessary, proportionate, and limited to perform research to enhance the security of the covered platform. (c) Prohibition on non-Consensual use of covered content that has attached or associated content provenance information It shall be unlawful for any person, for a commercial purpose, to knowingly use any covered content that has content provenance information that is attached to or associated with such covered content or covered content from which the person knows or should know that content provenance information has been removed or separated in violation of subsection (b), in order to train a system that uses artificial intelligence or an algorithm or to generate synthetic content or synthetically-modified content unless such person obtains the express, informed consent of the person who owns the covered content, and complies with any terms of use pertaining to the use of such content, including terms regarding compensation for such use, as required by the owner of copyright in such content.