US (Federal): Deepfake Report Act of 2019

1. Overview

By requiring an exhaustive study of deepfakes, the Deepfake Report Act of 2019 (S.2065), presented to the US Senate, seeks to push back against the mounting risk of manipulated media. Although the act does not ban deepfakes, it proposes taking guidance from government-funded research for future policy.

2. Legal Scope

The Act aims at the manufacturing and distribution of “deepfake” videos that may endanger democracy, privacy, and public confidence. Rather than calling for criminal sanctions, it invites the preparation of a detailed report on the effect and possible regulation of such media. It deals with threats to national security, fraud, and political disinformation, but not with artistic, journalistic, or scholarly uses.

3. Main provisions

• The Secretary of Homeland Security, in consultation with relevant Federal departments and agencies, shall issue a report on the state of digital content forgery technologies, according to the mandate. 
• Report contents include: The law requires that the report address core technologies on which U.S. leadership in future innovation depends, current developments and trends in these core technologies with potential implications for U.S. national security, and foreign and domestic investments in the core technologies.
• The report will be submitted not later than one year after the date of enactment. The Act sets no explicit consent requirements or platform obligations.

4. Penalties and Enforcing Policies

The Act itself did not impose civil or criminal sanctions. The enforcement duty rests with the Department of Homeland Security because it must prepare the requisite report. The conclusions of the report would guide any follow-up regulatory action.

5. Significant Precedents or Cases

There are no existing court cases that are directly linked to this Act. However, the findings of the required report were meant to influence federal and state deepfake legislation.

6. Analysis in Comparison to International Standards

This Act is more exploratory than regulatory, making it less enforceable but establishing a foundation for future U.S. policy than the EU’s AI Act or California’s deepfake legislation.

7. Useful Impacts

Even though the creators or platforms are not legally bound by this Act, they must be aware of any future regulations that might be determined by its findings. Victims of deepfakes have to wait for existing privacy or libel laws to save them. 

8. Prospects for the Future

Future law could incorporate explicit bans or labeling regulations for deepfakes utilized in political or fraudulent situations, reflecting the Act’s stated increasing federal concern.