Sec. 202. Digital content forgeries
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Not later than 6 months after the date of enactment of this Act, the National Institute of Standards and Technology shall develop and publish a definition of digital content forgery and accompanying explanatory materials. In developing a definition of digital content forgery under subsection (a), the National Institute of Standards and Technology shall consider the following factors: Whether the content is created with the intent to deceive an individual into believing the content was genuine.
Whether the content is genuine or manipulated. The impression the content makes on a reasonable individual that observes the content. Whether the production of the content was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual. The scope of technologies that may be utilized during the creation or publication of digital content forgeries, including— video recording or film; sound recording; electronic image or photograph; or any digital representation of speech or conduct.
The definition published by the National Institute of Standards and Technology under subsection
(a)shall not supersede any other provision of law or be construed to limit the authority of any Executive agency related to digital content forgeries. Not later than 1 year after the National Institute of Standards and Technology publishes the definition and materials required under subsection (a), the Commission shall publish a report regarding the impact of digital content forgeries on individuals and competition. Not later than 2 years after the publication of the report required under paragraph (1), and as often as the Commission shall deem necessary thereafter, the Commission shall publish an updated version of such report. Each report required under this subsection shall include— a description of the types of digital content forgeries, including those used to commit fraud, cause adverse consequences, violate any provision of law enforced by the Commission, or violate civil rights recognized under Federal law; a description of the common sources in the United States of digital content forgeries and commercial sources of digital content forgery technologies; an assessment of the uses, applications, and adverse consequences of digital content forgeries, including the impact of digital content forgeries on individuals, digital identity, and competition; an analysis of the methods available to individuals to identify digital content forgeries as well as a description of commercial technological countermeasures that are, or could be, used to address concerns with digital content forgeries, which may include countermeasures that warn individuals of suspect content; a description of any remedies available to protect an individual’s identity and reputation from adverse consequences caused by digital content forgeries, such as protections or remedies available under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) or any other law; and any additional information the Commission determines appropriate. Not later than 1 year after the date of enactment of this Act, the Director of the National Institute of Standards and Technology, in coordination with the Commission, shall establish under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ) a prize competition to spur the development of technical solutions to assist individuals and the public in identifying digital content forgeries and related technologies.
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