Bipartisan Lawmakers Introduce Amendment Combatting Deepfakes in FY 2021 NDAA

Each year, the National Defense Authorization Act (NDAA), which authorizes trillions in government programs, is seen as a ‘must pass’ piece of legislation to which lawmakers can add various amendments relating to military and civilian personnel matters. Last week, U.S. Senators Rob Portman (R-OH) and Brian Schatz (D-HI) introduced the Deepfake Report Act as an amendment to the Senate’s FY 2021 NDAA.

Senators Portman and Schatz’s legislation directs the Department of Homeland Security (DHS) to conduct an annual study of deepfakes and other types of similar content.

Deepfakes are sometimes referred to as “the 21st century’s answer to Photoshopping.” Deepfakes are typically AI-generated videos which produce images of fake events, such as a politician talking. In September 2019, the AI firm Deeptrace found 15,000 deepfake videos online, a near doubling over nine months.

The legislation requires DHS to assess the technology used to generate deepfakes, the uses of deepfakes by foreign and domestic entities, and available countermeasures to deepfakes to help policymakers and the public better understand the threats deepfakes pose to national security and election security.

“As AI rapidly becomes an intrinsic part of our economy and society, AI-based threats, such as deepfakes, have become an increasing threat to our democracy,” said Senator Portman. “Addressing the challenges posed by deepfakes will require policymakers to grapple with important questions related to civil liberties and privacy.”

A stand-alone version of the legislation passed the Senate in October 2019 but has not moved in the House. The sponsoring lawmakers see the FY 2021 NDAA as another possible avenue for getting the legislation codified into law.

“Fake content can damage our national security and undermine our democracy,” said Senator Schatz. “Our amendment directs the federal government to learn more about the scope and impact of deepfake technology. It’s an important step in fighting disinformation.”