Discussion · Senate

Christopher A. Coons Democrat

“I want the Senate to pass this bill today. Artificial intelligence makes it easy to create fake videos and recordings of anyone. This bill gives every American the right to control their own face and voice online. It lets people have fake content taken down while still protecting free speech for things like news, documentaries, and comedy.”
Official Congressional Record

Mr. President, I would like to start by thanking my colleague from the State of Tennessee. This has been a tremendous experience in working together to find a way to protect creators and, frankly, all Americans. We live in an age of AI anxiety, AI optimism, and AI experimentation in a way never previously thought possible. In the next 5 minutes, I could generate a brief film in which a colleague, say, from the State of Texas is the hero of a major football game or a colleague from the State of Tennessee is performing what is otherwise known as one of Elvis Presley’s landmark pieces of music. We each do have a right in what makes us ``us’’ in our voices, in our images, and in the property rights that attach to our likenesses. This bipartisan compromise is the result of years of negotiation with the creative community, with platforms, with studios, and with a lot of different interest groups, including First Amendment and civil rights advocates. This bill, the NO FAKES Act, creates a new intellectual property right to allow not just celebrities and famous Americans but all Americans to control their digital revenue. As my colleague just said, it creates a takedown system to allow you to promptly enforce those rights if you believe that a platform has wrongfully put it up and a prompt counter-notice process to allow you to have it taken down if the rights holder or the platform decides that it violates some fundamental right like the First Amendment. There are key and explicit protections for free speech, for parody, for satire, for documentaries, for newscasts, and for bio-pics. The work that went into this, over years, was substantive and serious. I want to thank my chief counsel, James Barton, and I want to thank my colleague and her staff for their tireless work to first secure the support of the movie and music industries--the actors, singers, songwriters, performers--to secure the commitment and engagement of online platforms, like YouTube and TikTok; to get AI companies, like OpenAI and IBM, on board; and to get organized labor and child safety groups on board. Ultimately, our bill passed the Senate Judiciary Committee by a voice vote, and it has 14 bipartisan cosponsors. It is my hope that we will be able to pass this today in recognition of the hard work of my colleague from Tennessee and our cosponsors, Senator Tillis and Senator Klobuchar. With that, I yield the floor to my colleague from Tennessee.

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