Required disclosures for covered AI-generated content

(a) Requirements for providers of generative artificial intelligence systems that produce covered AI-Generated content (1) In general Each provider of a generative artificial intelligence system that, using any means or facility of interstate or foreign commerce, produces covered AI-generated content shall do the following: (A) Labeling The provider shall label the covered AI-generated content with a clear and conspicuous disclosure that— (i) identifies that the output includes covered AI-generated content; (ii) to the extent technically and economically feasible, is accessible to individuals with disabilities; and (iii) is embedded in the content. (B) Machine-readable disclosure (i) In general The provider shall bind or embed within the covered AI-generated content a machine-readable disclosure that, at a minimum— (I) identifies— (aa) the content that is covered AI-generated content; (bb) the system and the version used to create or modify the covered AI-generated content; (cc) the date and time the covered AI-generated content was created or modified; and (dd) any other relevant information; and (II) conforms to or is interoperable with the standards specified by the Commission and the Working Group established under section 7. (ii) Clarification The disclosure required under clause (i) shall not be required to include the personally identifiable information of the user of the generative artificial intelligence system. (C) Detection The provider shall ensure that a user or covered online platform can detect, without undue financial burden, that the output generated by the provider's generative artificial intelligence system includes covered AI-generated content and view information required under subparagraph (B) by— (i) ensuring that the covered AI-generated content is detectable by one or more widely available detection tools and making available to users or covered online platforms clear instructions on how to access and operate such tools; or (ii) if no such detection tool exists, providing to users and covered online platforms access to a tool to enable detection of covered AI-generated content and providing clear instructions on how to access and operate such tool. (D) Collaboration with covered online platforms The provider shall collaborate with any covered online platform to assist the covered online platform in complying with the obligations described in subsection (b) with respect to any content created or substantially modified by the generative artificial intelligence system of the provider. (2) Exemption for internal use The requirements of this subsection shall not apply to covered AI-generated content produced by a provider of a generative artificial intelligence system if the covered AI-generated content— (A) is generated or used solely for internal research and development purposes; and (B) is not intended for public release or commercial deployment. (b) Covered online platforms Each covered online platform shall— (1) ensure that any covered AI-generated content displayed on the platform that incorporates a machine-readable disclosure described in subsection (a)(1)(B) is clearly and conspicuously identified as covered AI-generated content; (2) not tamper with or remove any such disclosure, including when such covered AI-generated content is transferred to or otherwise shared to another online platform; (3) provide to any user sharing content the option to make content provenance information specified in subsection (a)(1)(B)(i)(I), as well as any additional user-specified content provenance information, readily available to other users of such platform; (4) make a good faith effort to combat the liar's dividend by implementing strategies recommended by the Commission; and (5) to the extent technically and economically feasible, ensure that information contained in the identification described in paragraph (1) or content provenance information made available under paragraph (3) is accessible, including to individuals with disabilities. (c) Artificial intelligence chatbot disclosure Each person who, through any means or facility of interstate or foreign commerce, makes available to users an artificial intelligence chatbot shall include a clear and conspicuous disclosure that identifies the system as an artificial intelligence chatbot. (d) Enforcement by the Commission (1) Unfair or deceptive acts or practice A violation of this section shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of the Commission (A) In general The Commission shall enforce this section 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 section. (B) Privileges and immunities Any person who violates this section or a regulation promulgated thereunder shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (D) Regulations and guidance (i) Authority to identify exceptions The Commission may promulgate regulations in accordance with section 553 of title 5, United States Code, to specify exceptions from the requirements of this section, such as for de minimis pieces of content. (ii) Establishment of specified safe harbors (I) In general The Commission may specify interoperable standards that comply with the requirements of this section. (II) Deemed compliance Each person who makes available a generative artificial intelligence system or covered online platform shall be deemed in compliance with the requirements of this section by following the standards established by the Commission under subclause (I).