Tag: Congress

“Protect College Sports Act” Passes Senate and Furthers Misunderstanding of NIL Rights as a Novelty

The Protect College Sports Act of 2026 (PCSA), S. 4668 has passed the Senate, 77 to 22. It has not yet been taken up by the House; support there and its prospects are mixed with some significant opposition voiced. The preamble to the Act states its purpose is “[t]o protect the name, image, and likeness...

NO FAKES REVISED, MOSTLY IMPROVED, AND PUT ON SENATE CALENDAR

In late June a significantly revised version of NO FAKES was substituted in the Senate for the version that had been introduced in both the House (H.R. 8915) and Senate (S.4591) in late May. This newly substituted version then was moved out of the Judiciary Committee and has been placed on the Senate Legislative Calendar...

Revised No FAKES Act Still Poses Danger of Our Losing Control of our Digital Selves

On May 21st, the Senate Judiciary committee held a hearing to consider “The Good, the Bad, and the Ugly” of “AI-Generated Deepfakes.” In addition to a broad-based conversation about the dangers and opportunities presented by generative AI technology that can deceptively replicate a person’s voice, likeness, and performances, the hearing considered a revised version of...

House Introduces Its Companion Version of NO FAKES Act

The House has introduced its own version of the NO FAKES Act. Apparently, at least some in the House are shifting gears from the earlier No AI FRAUD Act given the broader support for the revised version of the Senate's NO FAKES Act.  This suggests some increased momentum to move forward with something along the...

Copyright Office Calls for Congressional Action on Digital Replicas

Late this summer, the U.S. Copyright Office released the first of its planned reports on Copyright and Artificial Intelligence. This one, designated as Part 1, addresses “Digital Replicas”. It was notably released the same day that members of the Senate introduced a bipartisan digital replica bill. The Report generally supports a federal digital replica law...

NO FAKES Act Introduced in Senate

On July 31st, right before the summer recess, a bipartisan group of Senators introduced the NO FAKES Act, which has been substantially revised and improved from the previously circulated discussion draft. The bill seeks to address concerns over the use of unauthorized digital replicas of real people in the wake of improved and widely available...

Senate Formally Introduces Digital Replica Bill

After floating a discussion draft last year, a significantly revised and improved version of the legislation has been introduced in the Senate. The bill is a bipartisan effort to address AI-generated digital replicas at the federal level and is co-sponsored by Senators Koons, Blackburn, Klobuchar, and Tillis. The bill remains titled the NO FAKES Act...

Senate Holds Hearing on Ways to Improve Draft Digital Replica Bill

Yesterday, April 30, 2024, the U.S. Senate Judiciary Committee’s Subcommittee on Intellectual Property’s held a hearing on “The NO FAKES Act: Protecting Americans from Unauthorized Digital Replicas.” This was a follow-up to a prior Senate subcommittee hearing on AI which nominally focused on copyright law, but largely raised the issue of personality rights. The Senate...

House Subcommittee Sends Follow-Up Questions After AI Hearing

After the February 2nd House hearing about AI and how best to address unauthorized use of a person's voice and likeness at the federal level, two members of the House Subcommittee on Courts, Intellectual Property, and the Internet sent me (Prof. Rothman) additional written questions to answer for the record. Representative Issa's questions focused on...

House’s Draft AI Bill Risks Loss of Control over Our Own Voices and Likenesses

***UPDATED TO REFLECT INTRODUCTION TO CONGRESS On January 9, 2024, Representative Maria Salazar circulated a draft of a bill to address voice and likeness rights in the context of AI. The bill is titled “No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act of 2024,” shorthanded as the “No AI FRAUD Act.” Unfortunately, despite its...