SCS/HCS/HBs 2628 & 2603 - The act creates and modifies certain provisions relating to electronic communications. Under the act, a creator, as defined in the act, shall not, within 18 weeks of an election distribute a synthetic media message that the creator knows or should have known is a deceptive and fraudulent deepfake, as defined in the act. These provisions shall not apply if the creator of the audio or visual media includes a certain disclosure statement, as described in the act.
A candidate whose appearance, action, or speech is depicted through the use of a deceptive and fraudulent deepfake may seek injunctive or other equitable relief from the creator prohibiting the publication of such deceptive and fraudulent deepfake.
A person in violation of provisions under the act may be subject to certain criminal penalties, described in the act.
The act shall not apply to certain exceptions and media described in the act.
No person or entity shall engage in call spoofing, as defined in the act, to any business subscriber. The Attorney General shall establish a database for the list of telephone numbers of business subscribers who object to telephone solicitations. Specifics for the no-call list are described in the act. During certain months, the Attorney General shall be encouraged to obtain subscription listings of business subscribers who requested to be included on a no-call list.
Anyone who makes a telephone solicitation to any business subscriber shall state clearly the identity of the person initiating the solicitation. No person or entity who makes a telephone solicitation to a business subscriber, including call spoofing, shall block or circumvent any subscriber's use of a caller identification service.
The act creates "Caller ID Anti-Spoofing Act". Under the act, a caller commits the offense of caller identification spoofing if the caller enters false information into a caller identification service with an intent to defraud or deceive the recipient of the call, or the caller places a call knowing that false information was entered into the caller ID service with the intent to deceive or defraud the recipient of the call.
The first offense shall be a class C misdemeanor. All subsequent offenses shall be a class A misdemeanor. Certain exceptions to these provisions are described in the act.
The recipient of any call where the caller uses false caller ID service shall have standing to recover actual and punitive damages against the caller, as described in the act. Call recipients may bring class actions. The Attorney General may initiate or intervene in legal proceedings on behalf of call recipients and, if the caller is found guilty, shall recover all costs of the investigation and prosecution of the action.
The act is similar to a provision in SB 1444 (2024), a provision in SB 963 (2024), HB 1932 (2024), HB 2188 (2024), HB 2353 (2024), a provision in HB 2603 (2024).
JULIA SHEVELEVA