Sending Office: Honorable Yvette D. Clarke
Deep-fake videos pose an unprecedented threat to our national security. Using artificial intelligence, deep-fake technologies allow anyone, anywhere to create fake videos that appear to be real.
As we learned recently when altered imagery of Speaker Pelosi spread across the Internet, this phenomenon is not hypothetical. With 2020 rapidly approaching, we need to prepare for the possibility that foreign adversaries will use deep-fakes to spread disinformation
and interfere in our election.
These technologies will also be used to harm individual Americans. We have already seen instances of women’s images being superimposed on fake pornographic videos. As advanced audiovisual alteration tools become more affordable and accessible, we can expect
deep-fakes to be used to influence financial markets, discredit dissidents, and even incite violence.
Congress must stand up for truth by providing prosecutors, regulators, and victims with the tools they need to confront disinformation. Accordingly, please join Rep. Clarke in cosponsoring H.R. 3230, the Defending Each and Every Person from False Appearances
by Keeping Exploitation Subject to Accountability (DEEPFAKES Accountability) Act.
Specifically, the DEEPFAKES Accountability Act would:
- Require creators of deep-fakes to disclose any alternations to the video or other content (by including irremovable digital watermarks, as well as textual descriptions of the alterations), subject to criminal and civil penalties;
- Create a private right of action for victims to sue deep-fake creators who exclude the required disclosures, as well as an in rem litigation procedure for victims to vindicate their reputations when the creator of the deep-fake cannot be brought into court
(such as foreign governments);
- Update existing statutes which prohibit false personation and identity theft to include digital impersonation; and
- Expand the federal government’s efforts to develop deep-fake detection technologies and share those technologies with online platforms.
In confronting the deep-fake threat, transparency must be paramount. If a video is substantially altered with the intent to deceive, that fact should be prominently disclosed. The DEEPFAKES Accountability Act would provide the United States Government, as
well as individual victims of deep-fakes, with critical tools to defend our national security and go after those who spread next-generation disinformation.
If you have any questions, or if you wish to cosponsor, please email
YVETTE D. CLARKE
Vice Chair, Energy & Commerce Committee
e-Dear Colleague version 2.0