Mr. President, I come to the floor today to seek unanimous consent to pass Senator Coons' and my bipartisan legislation, the NO FAKES Act. The NO FAKES Act provides landmark Federal protection for…
Mr. President, I come to the floor today to seek unanimous consent to pass Senator Coons' and my bipartisan legislation, the NO FAKES Act.
The NO FAKES Act provides landmark Federal protection for the voice and visual likeness of creators and all Americans. It would protect them from the proliferation of harmful, AI-generated deepfakes that are created without their consent. From artists and songwriters to students and everyday citizens, our Nation deserves meaningful protections against these harmful deepfakes. Our bill would establish clear guardrails that protect our creators in Tennessee and across the entire country.
In addition to establishing a Federal intellectual property right in every American's voice and visual likeness, we also provide for a clear notice-and-takedown framework, as well as safe harbor provisions for companies that comply. These provisions ensure that when a platform receives proper notice of a deepfake, that platform must promptly remove or disable access to the harmful content. If they promptly remove the content, they won't face liability under the bill.
Importantly, we have included explicit First Amendment protections in this bill. For example, we have excluded commentary, criticism, scholarship, satire, and parody content from being removed, as well as news and sports broadcast material.
This legislation would protect artists while safeguarding creative uses for AI, which is why it has received endorsements from a wide range of stakeholders, including record labels, streaming platforms, AI companies, musical artists, and organizations involved in protecting our children and protecting dignity.
At this point, I yield to my colleague for his comments.
I thank my colleague for his consistent work on this.
He is so right. This has been something that we have worked on for years, and it is the result of so much bipartisan work and negotiation in explicitly putting in protections for free speech.
Mr. President, notwithstanding rule XXII and as in legislative session, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 446, S. 4591. Further, I ask unanimous consent that the committee-reported substitute amendment be agreed to; that the bill, as amended, be considered read a third time and passed; and that the motion to reconsider be considered made and laid upon the table.
Mr. President, it has been disappointing that the Senator's staff chose not to accept the very language that he was wanting to see. We accepted that into the bill.
May I read to you:
[It]is . . . consistent with the public interest in bona
fide commentary (including political commentary).
So, if he thinks that he wants a candidate to be able to use certain images in political commentary in a nonharmful way, that is in there:
(. . . political commentary), criticism, scholarship, satire,
or parody; or . . . is used in a manner that is protected by
the First Amendment to the Constitution of the United States.
That is language that is there.
So, if he is wanting to do that, that language has been offered. He can solve this right now by putting his John Henry right there on that language.
I would also remind my colleagues that there are laws against impersonation. If it is the physical world, you are not allowed to impersonate somebody to defraud them; with the intent to defraud or defame; with the intent to deceive people; with the intent to create a false identity. It is a felony. It is a felony. The problem is that it is not applied to the virtual space. There is a difference there. But you try to protect people in the virtual space and, all of a sudden, people want to say ``free speech.''
So I would ask my colleagues: Are you opposed to any of the State laws that make it a felony offense to impersonate a person? Go to the bank. Drain their account. Show up at a place of employment, impersonating them.
Try to grab their retirement account. Oh, there are laws for that. But, no, you can scam somebody all day long online and get by with it. You can actually show people, as my colleague from Delaware said, in different situations, doing different things, and they have no right-- no right--to protect their name, their image, their voice in the virtual space.
I will contend that I disagree with my colleague from Texas. We have tried to work with his staff. We have tried to work with him.
The NO FAKES Act does not chill First Amendment protected speech. We have worked with First Amendment legal experts in drafting the bill, and we are confident that it is First Amendment compliant. We have even doubled down on this language.
Now there are States, including Tennessee, that already provide statutory protection against the misappropriation of a person's name, voice, or likeness, and those statutes have been upheld.
In addition, the stated goal of our bill is for courts--the courts-- to make decisions regarding First Amendment jurisprudence, not platforms. The platforms, thus, are not the arbiters for making First Amendment decisions. This is really helpful in preventing censorship of conservative speech online.
This bill contains the necessary, broad exceptions for entire categories of speech--including news, public affairs, sports broadcasts, documentaries, biopics, commentary, including political commentary, criticism, scholarship, satire, and parody. This protects more than the First Amendment and much more than the only Supreme Court case on this subject, Zacchini v. Scripps.
If someone believes their content that was removed from this bill was protected speech, they can submit a counternotice triggering judicial review within 14 days if the victim wants the material to stay down; otherwise, the content can go right back up. This ensures that any protected speech that is removed based on a notice stays down for a very short time while preventing platforms from engaging in censorship.
As my colleague said, we have worked with groups for years to get this right. We have gotten it right. The protections that my colleague from Texas wanted to see included in the bill are there.
This is legislation that should pass and make its way to the President's desk to make certain that every American knows their name, their image, their likeness, their voice cannot be used in the virtual space for deception, for fraud, for personal harm.
I yield the floor.