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Draft Legislation Would Require Labeling of AI-Generated Content

As reported on the Potomac Officers Club website, a bi-partisan bill titled the “‘AI Labeling Act of 2023” was introduced in the Senate that would require publishers of AI-generated content to affix a permanent label to such content.  As written, the legislation would apply to government agencies as well as private-sector organizations and individuals.

The draft legislation would empower the Federal Trade Commission to enforce violations as unfair or deceptive acts or practices.  It would also require the Director of the National Institute of Standards and Technology (NIST) to form an “AI-Generated Content Consumer Transparency Working Group” within 1 year to assist platforms in identifying AI-generated content, with membership from the public and private sectors.

The legislation would apply to image, video, audio, multimedia, or text content created by generative AI systems such as ChatGPT, Midjourney, or any other such system.  The labeling would include a “a clear and conspicuous notice … that identifies the content as AI-generated content” and that cannot be easily removed. Each item’s metadata would need to include identification as AI-generated content.

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