HR 2395 · 117th Congress 2021–2023, ended

DEEP FAKES Accountability Act

Latest action · Oct 19, 2021 Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedApr 8, 2021
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Defending Each and Every Person from False Appearances by Keeping Exploitation Subject to Accountability Act of 2021 or the DEEP FAKES Accountability Act

This bill establishes requirements for advanced technological false personation records (i.e., deep fakes) and establishes criminal penalties for related violations.

Specifically, it requires producers of deep fakes to generally comply with certain digital watermark and disclosure requirements (e.g., verbal and written statements).

It establishes new criminal offenses related to (1) the production of deep fakes which do not comply with related watermark or disclosure requirements, and (2) the alteration of deep fakes to remove or meaningfully obscure such required disclosures. A violator is subject to a fine, up to five years in prison, or both.

It also establishes civil penalties and permits individuals to bring civil actions for damages.

Additionally, it revises the criminal offense of fraud in connection with certain identification documents to include deep fakes.

The bill also directs the Department of Justice to take certain actions, such as publishing a report related to deep fakes that includes a description of the efforts of Russia and China to use technology to impact elections.

Software manufacturers who reasonably believe software will be used to produce deep fakes must ensure it has the technical capability to insert watermarks and disclosures.

Finally, the bill directs the Department of Homeland Security to establish a task force to, among other things, advance efforts of the federal government to combat the national security implications of deep fakes.

Cosponsors 23

Members who signed on, in the order they did. All signed on Apr 8, 2021.

SeatCosponsorSigned on
D-TXAl GreenOriginalApr 8, 2021
D-FLAl Lawson, Jr.OriginalApr 8, 2021
D-NCAlma S. AdamsOriginalApr 8, 2021
D-INAndré CarsonOriginalApr 8, 2021
D-NHAnn M. KusterOriginalApr 8, 2021
D-MSBennie G. ThompsonOriginalApr 8, 2021
D-ILBobby L. RushOriginalApr 8, 2021
D-NJBonnie Watson ColemanOriginalApr 8, 2021
D-TXEddie Bernice JohnsonOriginalApr 8, 2021
D-DCEleanor Holmes NortonOriginalApr 8, 2021
D-MOEmanuel CleaverOriginalApr 8, 2021
D-FLFrederica S. WilsonOriginalApr 8, 2021
D-NCG. K. ButterfieldOriginalApr 8, 2021
D-WIGwen MooreOriginalApr 8, 2021
D-MAJames P. McGovernOriginalApr 8, 2021
D-CAKaren BassOriginalApr 8, 2021
D-CAMark DeSaulnierOriginalApr 8, 2021
D-ILRaja KrishnamoorthiOriginalApr 8, 2021
D-ILRobin L. KellyOriginalApr 8, 2021
D-TXSheila Jackson LeeOriginalApr 8, 2021
D-VIStacey E. PlaskettOriginalApr 8, 2021
D-TNSteve CohenOriginalApr 8, 2021
D-NJTom MalinowskiOriginalApr 8, 2021

Committees 3

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Apr 8, 2021
Crime and Federal Government Surveillance Subcommittee
Referred Oct 19, 2021
HouseEnergy and Commerce Committee
Referred Apr 8, 2021
Commerce, Manufacturing, and Trade Subcommittee
Referred Apr 9, 2021
HouseHomeland Security Committee
Referred Apr 8, 2021
Cybersecurity and Infrastructure Protection Subcommittee
Referred Apr 9, 2021

Actions 5

Everything that happened, newest first.

  1. Oct 19, 2021Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
  2. Apr 9, 2021Referred to the Subcommittee on Consumer Protection and Commerce.
  3. Apr 9, 2021Referred to the Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation.
  4. Apr 8, 2021Introduced in House
  5. Apr 8, 2021Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article 1, Section 8

The sponsor’s statement, as printed in the Congressional Record, vol. 167, no. 61, April 8, 2021, page H1720.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 3230DEEP FAKES Accountability ActReintroduction ofJun 28, 2019

Titles 3

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To combat the spread of disinformation through restrictions on deep-fake video alteration technology.
Short Title(s) as Introduced
DEEP FAKES Accountability Act
Defending Each and Every Person from False Appearances by Keeping Exploitation Subject to Accountability Act of 2021

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 1

Each version as it was printed, newest first.

  1. Apr 8, 2021Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.