50 U.S.C. § 3369a: Report on deepfake…

Summary

The Director of National Intelligence must send a report to the congressional intelligence committees no later than 180 days after December 20, 2019. The report must explain how machine-made or machine-altered media (often called deepfakes) and machine-generated text could hurt U.S. national security, and how foreign governments might be using them. It must assess foreign technical abilities, with specific attention to China and Russia and an annex naming government and related groups in those countries that support or spread these technologies. The report must also describe how these tools could be used to spread lies, discredit people, or run intelligence and influence campaigns; list countertechnologies the U.S. government or private sector could use and their limits (including privacy concerns); say which intelligence offices should lead on this and how fast and how well they can detect fakes; outline relevant research and development (including work by IARPA); and say whether more legal authority, money, or staff are needed. The report must be unclassified but can include a classified annex. The Director must also notify the congressional intelligence committees whenever there is credible intelligence that a foreign government, a foreign government‑linked group, or a foreign person has tried, is trying, or will try to use machine-manipulated media or machine-generated text aimed at U.S. elections or domestic political processes. Machine-generated text means text made by machine-learning to look like normal writing. Machine-manipulated media refers to deepfakes (see the defined term in another law).

Title 50, §3369a

War and National Defense, Source: USLM XML via OLRC

(a)Report on foreign weaponization of deepfakes and deepfake technology

(1)Report required

Not later than 180 days after December 20, 2019, the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community determined appropriate by the Director, shall submit to the congressional intelligence committees a report on—

(A)the potential national security impacts of machine-manipulated media (commonly known as “deepfakes”); and

(B)the actual or potential use of machine-manipulated media by foreign governments to spread disinformation or engage in other malign activities.

(2)Matters to be included

The report under subsection (a) shall include the following:

(A)An assessment of the technical capabilities of foreign governments, including foreign intelligence services, foreign government-affiliated entities, and foreign individuals, with respect to machine-manipulated media, machine-generated text, generative adversarial networks, and related machine-learning technologies, including—

(i)an assessment of the technical capabilities of the People’s Republic of China and the Russian Federation with respect to the production and detection of machine-manipulated media; and

(ii)an annex describing those governmental elements within China and Russia known to have supported or facilitated machine-manipulated media research, development, or dissemination, as well as any civil-military fusion, private-sector, academic, or nongovernmental entities which have meaningfully participated in such activities.

(B)An updated assessment of how foreign governments, including foreign intelligence services, foreign government-affiliated entities, and foreign individuals, could use or are using machine-manipulated media and machine-generated text to harm the national security interests of the United States, including an assessment of the historic, current, or potential future efforts of China and Russia to use machine-manipulated media, including with respect to—

(i)the overseas or domestic dissemination of misinformation;

(ii)the attempted discrediting of political opponents or disfavored populations; and

(iii)intelligence or influence operations directed against the United States, allies or partners of the United States, or other jurisdictions believed to be subject to Chinese or Russian interference.

(C)An updated identification of the countertechnologies that have been or could be developed and deployed by the United States Government, or by the private sector with Government support, to deter, detect, and attribute the use of machine-manipulated media and machine-generated text by foreign governments, foreign-government affiliates, or foreign individuals, along with an analysis of the benefits, limitations and drawbacks of such identified counter-technologies, including any emerging concerns related to privacy.

(D)An identification of the offices within the elements of the intelligence community that have, or should have, lead responsibility for monitoring the development of, use of, and response to machine-manipulated media and machine-generated text, including—

(i)a description of the coordination of such efforts across the intelligence community;

(ii)a detailed description of the existing capabilities, tools, and relevant expertise of such elements to determine whether a piece of media has been machine manipulated or machine generated, including the speed at which such determination can be made, the confidence level of the element in the ability to make such a determination accurately, and how increasing volume and improved quality of machine-manipulated media or machine-generated text may negatively impact such capabilities; and

(iii)a detailed description of planned or ongoing research and development efforts intended to improve the ability of the intelligence community to detect machine-manipulated media and machine-generated text.

(E)A description of any research and development activities carried out or under consideration to be carried out by the intelligence community, including the Intelligence Advanced Research Projects Activity, relevant to machine-manipulated media and machine-generated text detection technologies.

(F)Updated recommendations regarding whether the intelligence community requires additional legal authorities, financial resources, or specialized personnel to address the national security threat posed by machine-manipulated media and machine-generated text.

(G)Other additional information the Director determines appropriate.

(b)Form

The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(c)Requirement for notification

The Director of National Intelligence, in cooperation with the heads of any other relevant departments or agencies of the Federal Government, shall notify the congressional intelligence committees each time the Director of National Intelligence determines—

(1)there is credible information or intelligence that a foreign entity has attempted, is attempting, or will attempt to deploy machine-manipulated media or machine-generated text aimed at the elections or domestic political processes of the United States; and

(2)that such intrusion or campaign can be attributed to a foreign government, a foreign government-affiliated entity, or a foreign individual.

(d)Definitions

(1)Machine-generated text

The term “machine-generated text” means text generated using machine-learning techniques in order to resemble writing in natural language.

(2)Machine-manipulated media

The term “machine-manipulated media” has the meaning given that term in section 5724.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 5724, referred to in subsec. (d)(2), means section 5724 of Pub. L. 116–92, which is set out as a note under section 3024 of this title.

Amendments

2022—Subsecs. (d), (e). Pub. L. 117–263 redesignated subsec. (e) as (d) and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: “Upon submission of the report in subsection (a), on an annual basis, the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community determined appropriate by the Director, shall submit to the congressional intelligence committees any significant updates with respect to the matters described in subsection (a).”

Statutory Notes and Related Subsidiaries

Definitions For definitions of “intelligence community” and “congressional intelligence committees” as used in this section, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.

§3369a Report on Deepfake Technology, Foreign Weaponization of Deepfakes, and Related Notifications