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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. 5

Sec. 5. Reporting and other improvements

1,088 words·~5 min read·/bill/119/s/3495/is/section-5·

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The Federal Trade Commission, in consultation with the Attorney General and the Federal Communications Commission, may— as soon as practicable after the date of enactment of this Act, update the web portal of the Federal Trade Commission to include the latest information, searchable by region and type of scam, on scams enabled by artificial intelligence, including contacts for relevant law enforcement and adult protective service agencies; establish procedures to— log and acknowledge the receipt of complaints by individuals who believe they have been a victim of mail, television, internet, telemarketing, and robocall fraud in the Consumer Sentinel Network, and shall make those complaints immediately available to Federal, State, and local law enforcement authorities; and provide to individuals described in subparagraph (A), and to any other persons, specific and general information on mail, television, internet, telemarketing, and robocall fraud, including descriptions of the most common schemes using such methods of communication; and work with media outlets and law enforcement to distribute the information included in the web portal of the Federal Trade Commission pursuant to paragraph
(1)to senior citizens and their families and caregivers. There is established an Artificial Intelligence Scams Advisory Group (referred to in this subsection as the Advisory Group ). The Advisory Group shall be composed of the following individuals or the designees of those individuals: The Chair of the Federal Trade Commission. The Chair of the Federal Communications Commission. The Secretary of the Treasury. The Attorney General. The Director of the Consumer Financial Protection Bureau. Representatives from each of the following sectors, including trade associations, to be selected by the Federal Trade Commission in consultation with the Federal Communications Commission: Retail. Gift cards. Telecommunications (including voice over internet protocol service providers). Wire-transfer services. Consumer advocacy organizations focused on preventing consumer scams. The Advisory Group shall be chaired by the Chair of the Federal Trade Commission and the Chair of the Federal Communications Commission. A member of the Advisory Group shall serve without compensation in addition to any compensation received for the service of the member as an officer or employee of the United States, if applicable. The Advisory Group shall— collect information on the existence, use, and success of educational materials and programs for retailers, financial services, and wire-transfer companies, which— are used as a guide to educate employees on how to identify and prevent scams that are enabled by artificial intelligence; and include— useful information for retailers, financial services, and wire transfer companies for the purpose described in subclause (I); training for employees on ways to identify and prevent scams; best practices for keeping employees up to date on current scams; the most effective signage and placement of signage in retail locations to warn about the use of gift cards, prepaid cards, and wire transfer services by scammers; best practices for collaborative community education campaigns; available technology to assist in identifying possible scams at the point of sale; and other information that is helpful to retailers, wire transfer companies, financial institutions, and their employees as they work to prevent scams; and based on the findings in clause (i)— identify inadequacies, omissions, or deficiencies in those educational materials and programs for the purposes listed in such clause and their execution in teaching employees to protect consumers; and create model materials, best practices, guidance, or recommendations to fill those inadequacies, omissions, or deficiencies that may be used by industry and others to help protect consumers from scams. The Chair of the Federal Trade Commission and the Chair of the Federal Communications Commission shall— make the materials or guidance created by the Advisory Group publicly available; and encourage the use and distribution of the materials or guidance created by the Advisory Group to government agencies and the private sector to prevent scams affecting consumers. Not later than 1 year after the date of enactment of this Act, and annually thereafter until the date described in paragraph (6), the Advisory Group shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the work of the Advisory Group, together with the recommendations of the Advisory Group for such legislation and administrative actions as the Advisory Group considers appropriate. The Advisory Group shall terminate on the date that is 5 years after the date of enactment of this Act. Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Federal Trade Commission shall submit to Congress a report that includes— a description of the number and types of scams identified by the Federal Trade Commission that use artificial intelligence; and policy recommendations to prevent such scams, especially as such scams relate to voice clone impersonation. Section 227(h)(2) of the Communications Act of 1934 ( 47 U.S.C. 227(h)(2) ) is amended— in subparagraph (A)— in clause (i), by striking that a consumer received a call in violation and inserting a violation ; in clause (ii), by striking that a consumer received a call in violation and inserting a violation ; and in clause (iii), by striking that a consumer received a call in connection with which misleading or inaccurate caller identification information was transmitted in violation and inserting a violation ; in subparagraph (F), by striking calls made in violation and inserting violations ; and in subparagraph (G)— by inserting (or high-volume, unlawful text messages) after unlawful, short-duration calls ; and by striking calls made in violation each place that term appears and inserting violations . Section 227(i) of the Communications Act of 1934 ( 47 U.S.C. 227(i) ) is amended— by striking paragraph (2); by striking in the subsection heading and all that follows through Sharing Not later than and inserting the following: ; and Sharing.— Not later than by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively, and adjusting the margins accordingly. Section 227(j) of the Communications Act of 1934 ( 47 U.S.C. 227(j) ) is amended— by striking paragraph (2); by striking in the subsection heading and all that follows through Service Not later than and inserting the following: ; Service.— Not later than by redesignating subparagraphs (A), (B), and (C), as paragraphs (1), (2), and (3), respectively, and adjusting the margins accordingly; and by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively, and adjusting the margins accordingly. Not later than 270 days after the date of enactment of this Act, the Federal Communications Commission shall promulgate regulations to implement the amendments made by this subsection.
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Sec. 5
Reporting and other improvements
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