United States of America: Introduced DEEP FAKES Accountability Act

On 4 August 2021, Representative Clarke introduced the Defending Each and Every Person from False Appearances by Keeping Exploitation Subject to Accountability Act of 2021 (DEEP FAKES Accountability Act). This bill introduces a set of requirements and penalties regarding advanced technological false personation records, commonly known as deep fakes. It would mandate producers of deep fakes to adhere to digital watermark and disclosure standards, and establish non-compliance as a criminal offence carrying punishment such as fines, imprisonment for up to five years, or both. In addition, the bill would allow for civil penalties and enables individuals to pursue civil actions for damages. Software manufacturers would have to ensure that their products possess the technical capability to insert watermarks and disclosures into deep fakes if they reasonably anticipate that the software may be used for such purposes. The bill would also instruct the Department of Justice to undertake various actions, including publishing a report on deep fakes and describing Russia and China's efforts to exploit technology for election interference. Lastly, the bill would mandate the Department of Homeland Security to establish a task force to address national security concerns associated with deep fakes, among other responsibilities.