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Code · BILL · 119th Congress · S. 3495 (Introduced in Senate) — To prevent fraud enabled by artificial intelligence, and for other purposes. · Sec. 4

Sec. 4. Text messaging and video conferencing

770 words·~4 min read·/bill/119/s/3495/is/section-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 7 of the Telemarketing and Consumer Fraud and Abuse Prevention Act ( 15 U.S.C. 6106 ) is amended— in paragraph (4), by inserting , text message, or video conference call after interstate telephone call ; and by adding at the end the following new paragraphs: The term text message — means a message consisting of text, images, sounds, or other information that is transmitted— to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number, N11 service code, short code telephone number, or email address; or through application-to-person messaging; and includes— a short message service (commonly referred to as ‘SMS’) message; a multimedia message service (commonly referred to as ‘MMS’) message; or a rich communication service (commonly referred to as ‘RCS’) message; and does not include a real-time, 2-way voice or video communication.
The term video conference call means a real-time, video or audio communication between 2 or more individuals but does not include a telephone call with no video capabilities. . Section 3(a)(3) of the Telemarketing and Consumer Fraud and Abuse Prevention Act ( 15 U.S.C. 6102(a)(3) ) is amended— in subparagraph (C), by striking ; and and inserting a comma; in subparagraph (D), by striking the period at the end and inserting , and ; and by inserting after subparagraph
(D)the following new paragraph: a requirement that any person that makes or transmits a telephone call or text message that employs artificial intelligence to emulate a human being shall promptly and clearly disclose to the person receiving the call or text message that such artificial intelligence is being used. . The Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) is amended— in section 227 ( 47 U.S.C. 227 )— in subsection (a)— by redesignating paragraphs (1), (2), (3), (4), and
(5)as paragraphs (2), (3), (4), (5), and (8), respectively; by inserting before paragraph (2), as so redesignated, the following: The term artificial or prerecorded voice includes any technological representation of speech or conduct that— is generated— by any machine or computer; or through the use of artificial intelligence; and appears to authentically depict the speech or conduct of an individual who did not actually engage in that speech or conduct. ; in paragraph (2), as so redesignated— in subparagraph (A), by inserting after called the following: (or to have text messages sent to) ; and in subparagraph (B), by inserting , or send text messages to, after to dial ; and by inserting after paragraph (5), as so redesignated, the following: The term text message — means a message consisting of text, images, sounds, or other information that is transmitted— to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number, N11 service code, short code telephone number, or email address; or through application-to-person messaging; includes— a short message service (commonly referred to as SMS ) message; a multimedia message service (commonly referred to as MMS ) message; or a rich communication service (commonly referred to as RCS ) message; and does not include a real-time, 2-way voice or video communication. The term text messaging service means a service that enables the transmission or receipt of a text message, including a service provided as part of or in connection with a voice service. ; in subsection (b)(1)— in subparagraph (A), in the matter preceding clause (i)— by inserting or send any text message after make any call ; and by inserting or text message after (other than a call ; in subparagraph (B), by striking residential ; and in subparagraph (C), in the matter preceding clause (i), by inserting or to a mobile device as a text message, after to send, to a telephone facsimile machine, ; and by adding at the end the following: If a person makes or transmits a call, or sends a text message, that is delivered using an automatic telephone dialing system, or that uses artificial intelligence to emulate a human being, the person shall include a disclosure at the beginning of the call or text message disclosing the fact that the automatic telephone dialing system or artificial intelligence, as applicable, is being used in that manner. ; and in section 230(e) ( 47 U.S.C. 230(e) ), by adding at the end the following: Nothing in this section shall be construed to limit the application of the Telemarketing and Consumer Fraud and Abuse Prevention Act ( 15 U.S.C. 6101 et seq. ) or part 310 of title 16, Code of Federal Regulations (or any successor regulations). .
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Sec. 4
Text messaging and video conferencing
U.S.C.§ 6106
U.S.C.§ 6102
U.S.C.§ 151
U.S.C.§ 227
U.S.C.§ 230
U.S.C.§ 6101
Cites 6Cited by 0 across 0 sources
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