Transcripts For CSPAN2 Senate 20240703 : vimarsana.com

CSPAN2 Senate July 3, 2024

As a Public Service along with these othe television providers. Giving you a front row seat to democracy. Musician actor twigs along with other music and movie Industry Leaders testified before Senate Judiciary subcommittee about intellectual property concerns with digital replicas generative Artificial Intelligence. They also addressed First Amendment protections, the use of deep fakes the need to hold those committing fraud with Ai Technology accountable. The hearing is two hours. [background noises] this hearing and the subcommittee of the Senate Judiciary committee will come to order. I like to think all of our witness for participating today by colleagues for joining me. I like to specifically think Ranking Member at tillis and his staff are working on a consensus basis to put this hearing together and to thank senator blackburn and her staff as well for partnering with us on this hearing. About 10 months about senator tillis and i held a subcommittee hearing on Artificial Intelligence and copyright law. In their intersection but i opened that hearing with the debut of a new ai generated song ai ai a refund sent Frank Sinatras New York New York crate with chatgpt voice quoting Technology Used to mimic Frank Sinatras voice the song was fun to create with permission from the rights holders of course. It also highlighted some pressing legal questions that generative ai tools. It was my song protected speech . If i had not gotten permission for the song have violated mr. Sinatras rights to his voice or his style . Since that hearing ai generated replicas have only grown more pervasive from deep fakes and videos of celebritiesvi hawking products to songsgh with the voe quoting tunes posing as legitimate hits to scam calls mimicking a panicked panicked grandchilds voice. Ai generated replicas of tom hanks and gayle king reese to advertise medical services a fake version of elon musk encourage consumers to invest in a crypto currency scam. Drake, eminem, oriana greta, beyonce, are a few of the Musical Artists who have seen the voice and mimicked by ai clones mcafee Global Leader in online protection found one in four American Adults have experience ai voice scam with a three quarters having lost money. Scammers using ai generated replicas of a grandchilds voice to trick a grandparent out of money have become so sophisticated both the s fcc and ftc have issued warnings. These examples all relate to commercial speech but ai deep fakes do not stop there using other examples non conceptual explicit deep fake images and videos lets addressing the defiance act senders durbin and graham have introduced. Election interference addressed in the protect elections from deceptive ai acts centers klobuchar, holly, columns and i have introduced. Broadly these issues are not theoretical deep fake pornographic images of taylor swift circulated broadly on exit formally known as twitter before they were taken down. Voice kona President Biden encourage voters to stay home during the New Hampshire primary and slovak it deep fake likely had an impact on the outcome of a national election. In summary ai tools have become increasingly sophisticated it becomes easier to replicate, distribute fake images of someone. Fakes of their voice. Fakes of their likeness without consent. Tc we cannot let this challenge go unanswered and an action should not be an option. President biden caution during state of the unit must regulate ai voice impersonation but do so thoughtfully, strikingon the rit balance between defending individual rights and fostering Ai Innovation and creativity. Both congress and the administration of them are working to strike to help bill lutes pruned a Bipartisan Group of senators young, hi rick, rounds and schumer nine ai forms last year senator schumer has encouraged committees to work on ai legislation on a bipartisan basis justvi as we are doing today. That is why is excited to release the no faked act discussion draft last october centers tillis, blackburn and klobuchar. This bill would protect people from having their images, voices or likenesses used to create digital replicas that say or do things they never agreed too or would never say. The bill, accomplishes this brd goal in two ways. By holding individuals and companies liable if they produce an unauthorized digital replica of an individuals voice, image or likeness and by holding platforms liable if they host or distribute on authorized digital replica of the platform knows the person depicted did not authorize it. Unlike current right of publicity lawsif that many stats have enacted which often are focused on celebrities, who monetize their likeness at ordinary people without a remedy note fakes x protection would all individuals but they commercialize their voices, images or likenesses. Our bill tries to be careful to balance these protections against freespeech rights. First amendment will of course apply to this bill whether we say it does or not. We made clear long recognized carveouts like parody and satire remain available to creators to continue to foster the artistic did innovative potential of ai. Over the past six months we have of meetings and received extensive feedback, hundreds if not thousands of proposed revisions, tweaks, edits, wholesale changes on the discussion stakeholders who love the draft, who hated the draft, and everyone in between. That was exactly the point and i appreciate the many constructive suggestions we have received. Thats also the point of having a hearing today with folks who support the bill, question the bill, who oppose the village of a real dialogue. Let me close the feedback is centered around a few five different core technical areas. Whether it should include a notice of takedown structure similar to the dmc act. Whether we struck the right balance with First Amendment exclusions. Whether a 70 or postmortem term should bel adjusted or narrowe . Whether our bill should have preemptive impact over similar state laws . Whether the bill should create some process by which individuals with limited resources and minimal damages can enforce their rights under the law. So i look forward to continuing this work with my colleagues and immediately following this hearing to work to promptly formalize note faked act for introduction next month the print center blackburn and senator tillis, their great cooperation we have assembled a wonderful panel today with diverse perspectives. I encourage you as our witnesses to tell us what you like about the draft. What you dislike about the draft be specific about what changes you would like us to consider andee why. I willag introduce the Witness Panel and a moment but let me next and might senator tillis to make his opening remarks. Thank you chairman, is you are going through the description of the act i was thinking we have done a lot of love the subcommittee we actually do work here. We actually have a bunch of it nerds or other Interested Party showing up we have a lot of people interested in the space. I really think the note faked act is unique among the other bills that we have carried forward in terms of intellectual property. It touches everybody. Normally its about patent holders or creators, this it touches everybody. Every socioeconomic strata. It is interesting but its also one of the reasons ive got to get it right. Weve got to make sure we come up with concrete solutions. We do not want to over reach. There is a need for legislation. Anyone who is in the dont ask , it aint broke category i respectfully disagree but willte be fascinated to hear testimony of we havee witnesses that are f that position. We also do not to miss the opportunity or we do not want to stifle opportunity for innovation thats whats important to get it right. We do not even know it ai is going to look like tenures are not interesting up ai was going to make ai more sophisticate over much shorter period of time so we have also that is got to be instructive to our policy formulation. We have all seen as chairman kunz has indicated, replicas, deep fakes, photos, videos, audios we are going to show you an example here shortly. In the number is just growing so we have to work on it we have to do the very thing. Entertainers, politicians, and the public at large is subject to really fake media for the last 100 years. But now its getting serious and it is producing a multiplying at a rate that requires congressional action. I think i want to go forward a little bit of my comments. I think center consider good job of describing some of the challenges. Some of things they want to work on. This was interesting but i use ai every morning as a part of my news feed. I interact with degenerative ai for about an hour every morning cap for about two years. Since they released that date that version. Its a week orr so ago we saw te estates questioning but that is interesting for folks to file the issue as closely as us we have staff ready to that up . That entire musical renditin is a product of ai. And interestingly, that image the name image and likeness of something that the property of tupacs estate. The other one is an ai generated image that was obviously done in violation to the extent it was used for commercial purposes and violation of copyright. This is a hypothetical began a week or so ago. Shortly after drake released that song. So weve got work to do. Legislation addressing the issues of digital replicas. Ive got to get under control. Theres a lot of fresh questions that have to be asked. My office in particular is guilty of putting drafts out there. The involvement of other members who put scary step out there to give you a ghost of christmas future. Weve got a lot of things weve got to work on. The questions we needst answers with individuals has a no right to license and other digital likeness unless they retain counsel. Should we create an exception for harmless and noncommercial users . Shouldan there be a notice and takedown provision . I mean there is a lot. Theres a litany im not going to go through all of them i hope you all could come up with other ones. I will submit the rest of my written statement for the re record. But we have to act. This is hopefully in this congress we can act which means we need to move very, very quickly or at eight minimum lay down a basement we can pick up we come back with the new congress. And get it right i look forward in advance to reference active collaboration. I will always give the same morning i i give everyone for te only thing that really makes me mad is when i see somebody trying to, through guerrilla warfare under when the good faith efforts of this committee and my colleague. If youre at the table you can have an influence if youre not at the table youre going to be on the table. So, why dont everyone recognize our office is open to constructive criticism. Where the policy does not make sense. Cy does if you are in the category of it aint broke dont fix it youre not up with modern times i look forward to a good productive hearing today and thank you in advance for your productive collaboration as this legislation moves forward. Think thank you, senator tillis and thank youme for anotr positive and engaging hearing its been a great experience serving on this committee with you. Today we welcome six witnesses to testify about the note faked act. First witness robert ceo of warner music group. He has a lot of experience he spent over a decade as youtube chief Business Officer along with other business engagements we have twigs for joining us today thank you. Singer, songwriter, producer, dancer, actor is used ai to help her create and also has had personal experience with on unauthorized ai deep fake super its great to have her voice a present from the Creative Community picnics we have duncan a National Executive director chief negotiator the Screen Actors Guild American Federation of television and radio artists a labor unit representing 160,000 members who work in film, television, music and more. E also part of the Creative Community. Senior Vice President associate general counsel fordi law and policy at the Motion Picture association he specialized in a copyright First Amendment law. Thank you ben. Graham seat presidency of the Digital Media association and an organization that represents principally audio streaming companies, platforms like spotify and youtube. He also has a history as a musician and songwriter advocate. Professor of law at the university of san diego sheet teaches and writes on the intersection of free speech rights and intellectual property law. Efforts where in the witnesses each will have five minutes to provide a summary of your Opening Statement the centers have your written statements. Then we will proceed to questioning. Each center gets five minutes for the first round will likely have two or even three rounds of questioning time and attendance permitting. Witnesses would you please stand and raise your right hand to be sworn in. Do you swear or affirm the testimony about too go before this committee be the truth, the whole truth, nothing but the truth so help you god . Thank you all at the record reflect the witnesses have been sworn. You may proceed with your Opening Statement. Chairman coons, Ranking Member tillis, members of the subcommittee, i am robert chief exited officer of the warner music group. Being here today is something i could not have imagined as a young boy growing up behind the iron curtain communist czechoslovakia. In 1992 across the atlantic and attended State University of new york. And there i met an amazing woman from the Dominican Republic who eventually became my wife and now we have two amazing american daughters. Im a proud u. S. Citizen i have deep appreciation for the freedoms at the heart of this great country having grown up without them. For the past 25 years ive been attacked and be the executive i joined warner music last year after 12 years at youtube and eight years at netflix. Worded music is home to an incredible rate of artists and songwriters who are moving culture across the globe. One of those artists is here with me today. She is an extraordinarily gifted singer, songwriter, actor and performer. I would also like to acknowledge and thank Duncan Crabtree ireland who at the recent collective Bargaining Agreement negotiations between sag and record labels that addresses concerns regarding ai and artist rights. Music is so often been the canary in the coal mine with the broader trends ined our society. More than any other form of communication or entertainment you sick drives culture and innovation. That is happening again with degenerative ai. Today, Music Companies are helping artists, rights holders and Tech Companies figure out this new world which is both exciting and daunting. It is our job to not only help creativity to protect their rights, their livelihoods and their identities. Across the industry, legends to the beatles have embraced ai as a tool to enhance their creativity. At the same time generative ai is appropriating artist identities producing deep fakes that depict people doing, saying, or singing things that have never happened before. My accent is a vestige of my Eastern European upbringing. You can hear my voice, my identity in my voice. Through ai its very easy for someone to impersonate me. And because all manner of havoc they could speak to an artist in a way that could destroy our relationship. They could say un true things f your publicly traded company to that the media that would damage our business. Unfettered defect technology has the potential to impact everyone. Even all of you. Your identities could be appropriate used to mislead your constituents. The truth is everyone is vulnerable. Families defrauded byyo voice clones pretending to be relatives. People placed in pornography without their consent. Schoolchildren had their faces inserted into humiliating scenes. Some people spoke of responsible ai as a threat to freedom of speech. But it is precisely the opposite. Ai can put words in your mouth and ai can make you say things you did not say or dont believe. That is not freedom of speech. We appreciate the efforts of this committee to address this problem. Including note fakes act discussion draft authored by coons, tillis, sandra blackburn, and senator klobuchar. Your leadership kickstart efforts in this area we strongly support bipartisan no ai fraud act introduced in the house earlier this year but representatives the recently enacted elvis act in tennessee. After the Committee Minutes for the introduction of a senate bill there are three elements the bill should contain to be effective. A one, enforceable intellectual property right likeness and voice. Each person should be allowed to license or deny that right on the free market terms and seek redress for unauthorized users. Two, respect for an important First Amendment principles. Without goingth any further and providing loopholes that create more victims. The read, effective deterrence. To incentivize a vibrant responsible commercial marketplace and we need to maintain consequences for ai model builders and digital platforms that knowingly and violatepersons Property Rights. I applaud the

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