AI-generated content consumer transparency working group

(1) Establishment Not later than 90 days after the date of enactment of this section, the Director of the National Institute of Standards and Technology (in this section referred to as the Director), in coordination with the Commission, shall establish the AI-generated content consumer transparency working group (in this section referred to as the Working Group). (2) Membership The Working Group shall include members from the following: (A) Relevant Federal agencies. (B) Developers of any generative artificial intelligence system. (C) Private sector groups engaged in the development of content detection and content provenance standards, audiovisual media formats, and open-source implementation of such standards and formats. (D) Social media platforms and other covered online platforms. (E) Academic institutions and other relevant entities. (F) Privacy advocates and experts. (G) Media organizations, including news publishers and image providers. (H) Technical experts in digital forensics, cryptography, content manipulation, digital disability accessibility, and secure digital content and delivery. (I) User experience designers and consumer behavior experts or consumer psychologists. (J) Groups or individuals representing victims affected by covered AI-generated content. (K) Any other entity determined appropriate by the Director or by other relevant Federal agencies. (3) Coordination and delegation of duties The Working Group shall be convened by the Director, who shall delegate leadership on particular duties (or components of such duties) to the National Institute of Standards and Technology and to its existing content provenance workstreams, to the Commission, or to other relevant Federal agencies, as appropriate. (4) Duties The duties of the Working Group shall include the following: (A) Providing technical standards for identifying and labeling covered AI-generated content, including by considering existing, or developing new, standards that assist with identifying, maintaining, interpreting, and displaying content provenance information, and establishing guidelines and best practices for covered online platforms to implement such standards and the Commission to enforce the provisions of this Act. (B) Considering how to ensure any labels and content provenance information are, to the extent economically and technically feasible— (i) indelible, tamper-resistant, and tamper-evident to improve accuracy and ease of identification; and (ii) interoperable across all covered online platforms, widely used content-creation software applications, and other digital ecosystem considerations that are necessary to maintain disclosure integrity when transferring from one online platform, software application, operating system, or device to another. (C) Providing the Commission with guidance regarding— (i) the technical and economic feasibility of the requirements of this Act; and (ii) the detection of covered AI-generated content, including by determining— (I) reasonable criteria for detection accuracy; (II) what widely available tools, if any, meet the criteria described in subclause (I); and (III) any additional information that should be included within the machine readable disclosures required by section 2(a)(1)(B)(i)(I)(dd). (D) In order to inform enforcement of this Act, providing to the Commission clarifications and examples of digital content (which the Commission shall distribute to covered online platforms or providers of any generative artificial intelligence system) that— (i) is created or substantially modified by generative artificial intelligence systems; (ii) has had its meaning materially added, removed, or altered by a generative artificial intelligence system; (iii) is realistic enough such that a reasonable person would not necessarily assume the content was created or substantially modified by a generative artificial intelligence system; and (iv) is not considered covered AI-generated content and would not require the disclosures required by section 2. (E) Developing recommendations for content detection and secure content provenance practices for any content that is produced by a generative artificial intelligence system and is not covered under the requirements of this Act, including text. (F) Developing research and evidence regarding— (i) the impact of covered AI-generated content and required disclosures on consumer behavior; and (ii) how standards and guidelines can contribute to an information environment that is transparent and not overwhelming for consumers. (G) Supporting the development of guidelines and best practices to address circumvention techniques and improve the enforcement of the requirements of this Act. (H) Providing the Commission with guidelines and best practices regarding how covered online platforms can combat the liar’s dividend, including strategies to help ensure that non-AI-generated content is not falsely labeled as covered AI-generated content. (5) Standards Not later than 1 year after the date on which the Working Group is established under paragraph (1), the Working Group shall publish technical standards, guidelines, and recommendations to implement and enforce the provisions of this Act, taking into account the criteria described in paragraph (4) and the relevant expertise of the members of the Working Group. (6) Report to Congress Not later than 180 days after the Working Group publishes the standards under paragraph (5), the Director shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Science, Space, and Technology of the House of Representatives a report that includes recommendations for legislative action. (7) Sunset The working group shall terminate 60 days after the date on which the Director submits the report required by paragraph (6), and may be reconvened periodically at the discretion of the Director or the Commission to consider further developments in relevant technologies and research.