Text messaging and video conferencing

(a) Telemarketing and Consumer Fraud and Abuse Prevention Act (1) Definitions Section 7 of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6106) is amended— (A) in paragraph (4), by inserting, text message, or video conference call after interstate telephone call; and (B) by adding at the end the following new paragraphs: (5) The term text message — (A) means a message consisting of text, images, sounds, or other information that is transmitted— (i) to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number, N11 service code, short code telephone number, or email address; or (ii) through application-to-person messaging; and (B) includes— (i) a short message service (commonly referred to as ‘SMS’) message; (ii) a multimedia message service (commonly referred to as ‘MMS’) message; or (iii) a rich communication service (commonly referred to as ‘RCS’) message; and (C) does not include a real-time, 2-way voice or video communication. (6) The term video conference call means a real-time, video or audio communication between 2 or more individuals but does not include a telephone call with no video capabilities.. (2) Required disclosure for telemarketing using artificial intelligence Section 3(a)(3) of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6102(a)(3)) is amended— (A) in subparagraph (C), by striking; and and inserting a comma; (B) in subparagraph (D), by striking the period at the end and inserting, and; and (C) by inserting after subparagraph (D) the following new paragraph: (E) a requirement that any person that makes or transmits a telephone call or text message that employs artificial intelligence to emulate a human being shall promptly and clearly disclose to the person receiving the call or text message that such artificial intelligence is being used.. (b) Communications Act of 1934 The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended— (1) in section 227 (47 U.S.C. 227)— (A) in subsection (a)— (i) by redesignating paragraphs (1), (2), (3), (4), and (5) as paragraphs (2), (3), (4), (5), and (8), respectively; (ii) by inserting before paragraph (2), as so redesignated, the following: (1) The term artificial or prerecorded voice includes any technological representation of speech or conduct that— (A) is generated— (i) by any machine or computer; or (ii) through the use of artificial intelligence; and (B) appears to authentically depict the speech or conduct of an individual who did not actually engage in that speech or conduct.; (iii) in paragraph (2), as so redesignated— (I) in subparagraph (A), by inserting after called the following: (or to have text messages sent to); and (II) in subparagraph (B), by inserting, or send text messages to, after to dial; and (iv) by inserting after paragraph (5), as so redesignated, the following: (6) The term text message — (A) means a message consisting of text, images, sounds, or other information that is transmitted— (i) to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number, N11 service code, short code telephone number, or email address; or (ii) through application-to-person messaging; (B) includes— (i) a short message service (commonly referred to as SMS) message; (ii) a multimedia message service (commonly referred to as MMS) message; or (iii) a rich communication service (commonly referred to as RCS) message; and (C) does not include a real-time, 2-way voice or video communication. (7) The term text messaging service means a service that enables the transmission or receipt of a text message, including a service provided as part of or in connection with a voice service.; (B) in subsection (b)(1)— (i) in subparagraph (A), in the matter preceding clause (i)— (I) by inserting or send any text message after make any call; and (II) by inserting or text message after (other than a call; (ii) in subparagraph (B), by striking residential; and (iii) in subparagraph (C), in the matter preceding clause (i), by inserting or to a mobile device as a text message, after to send, to a telephone facsimile machine,; and (C) by adding at the end the following: (k) Disclosures regarding the use of artificial intelligence If a person makes or transmits a call, or sends a text message, that is delivered using an automatic telephone dialing system, or that uses artificial intelligence to emulate a human being, the person shall include a disclosure at the beginning of the call or text message disclosing the fact that the automatic telephone dialing system or artificial intelligence, as applicable, is being used in that manner.; and (2) in section 230(e) (47 U.S.C. 230(e)), by adding at the end the following: (6) No effect on the Telemarketing and Consumer Fraud and Abuse Prevention Act Nothing in this section shall be construed to limit the application of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.) or part 310 of title 16, Code of Federal Regulations (or any successor regulations)..