Here for live coverage of the hearing on Artificial Intelligence. You can continue watching if you go to our website cspan. Org. We continue now with a Senate Hearing on digital replicas and Artificial Intelligence. I open that hearing with the debut of a new ai generated song aiai, a riff on Frank Sinatras new york, new york, used to mimic Frank Sinatras voice. The song was fun to create, with permission of course, was my song protected speech . If i hadnt gotten permission, would 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 deepfake videos of celebrities hawking products, posing as legitimate hits to scammed calls mimicking a panicked grand childs voice. Ai generated videos of tom hanks and gayle king were used. A fake version of elon musk encouraged consumers to invest in a crypto scam. Mcafee, our Global Leader in online protection found one in four American Adults have experienced an ai voice scam with 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 faa and ftc have generated warnings. Ai deepfakes dont stop there. Weve seen other examples, nonconsensual explicit deepfake photos and videos. Election interference, from the deceptive ai act that senators collins holly, and i have introduced. Deepfake pornographic images of taylor swift circulated broadly on x, formerly known as twitter, before they were taken down. A voice clone of President Biden encouraged voters to stay home during the New Hampshire primary. And in slovakia, a deepfake likely had an impact on the outcome of a national election. In summary, as ai tools have been increasingly sophisticated it becomes easer to distribute fake images of someone. We cant let this challenge go unanswered and inaction shut not be an option. As President Biden cautioned, we must regulate ai voice impersonation, but must do so thoughtfully, striking the right balance between defending individual rights, and fostering creativity. A Bipartisan Group of senators convened nine ai forums last year and senator schumer has encouraged committees to work on ai legislation on a bipartisan basis just as were doing today. Thats why i was excited to release the nofakes act discussion draft last october with senators tillis, blackburn and klobuchar. This bill would protect people from having their names, images, or likenesses saying or doing things they would never. Agree to or never say. The goal accomplishes this in two ways, by holding individuals and companies liable if they produce a replica. And by holding platforms liable, if they host or distribute an inauthorrized depicted replica if they know the person depicted did not authorize it. No fakes act protections would apply to all individuals regardless of whether they commercialize their voices, images, or likenesses. Our bill tries to be careful to balance these protections against free speech rights. The First Amendment will of course apply to this bill whether we say it does or not, but weve made clear carveouts, for example, parody and satire. Over the past 6 months, weve had literally dozens of meetings and received hundreds of thousands of proposed revisions, tweaks, wholesale changes on the draft from stakeholders who love the draft, hated the draft, and everyone in between. That was exactly the point, and i appreciate the many constructive suggestions weve received. Thats also the point of having a hearing today folks who support the bill, who question the bill, who oppose the bill, and to have a real dialogue. Let me close, the feedback has centered around a few, five different sort of core technical areas. Whether we should include a notice in takedown structure similar to the dmca, whether weve struck the right balance with First Amendment exclusions. Whether a 70 year postmortem term should be adjusted or narrowed. Whether a 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 the 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 the no fakes act for introduction next month. With senator blackburn and senator tillis, and their great cooperation, weve aseemabled a wonderful panel. I encourage you as our witnesses to tell us what you like about the draft, what you dislike about the draft, and be specific about what changes you would like us to consider and why. Ill introduce the Witness Panel in a moment, but let me next invite senator tillis to make his opening remarks. Thank you, as you were going through the description of the no fakes act, i love the subcommittee, because we actually do work here. And we actually have a bunch of ip nerds or interested people show up. I really think the nofakes act is unique among the other bills that weve carried forward in terms of intellectual property, because it touches everybody. Normally, its about patent holders or creators. And this touches everybody. Every socioeconomic strata, its interesting, but its also one of the reasons why weve got to get it right. Weve got to make sure that we come up with concrete solutions. We dont want to overreach. There is a need for legislation, so anyone whos in the dont fix it, it aint broke category, i respectfully disagree, but id be fascinated to hear your testimony, if we have witnesses that are of that position. But we also dont want to miss the opportunity, or we dont want to stifle opportunities for innovation. Thats why its so important to get it right. We dont even know what ai is going to look like ten years from now. Interestingly enough, ai is going to make ai even more sophisticated over a much shorter period of time. So thats got to be instructive to our policy formulation. But weve all seen as chairman kuhns has indicated, replicas, deepfakes, photos, videos, audio. Were going to show you an example here shortly. And the numbers just growing. So we have to work on it. And we have to do the fair things. Entertainers, politicians, and the public at large have been subject to really fake media for really much of the last 100 years. But now its getting serious, and its producing and multiplying at a rate that requires congressional action. I wanted to, i think i want to go forward a little bit in my comments because i think senator kuhns did a good job is of describing some of the challenges, some of the things we wants to work on with our bill. But id like to, i think if staff is prepared, i want to show you a video, to give you a recent example. I use ai every morning as a part of my news feed, so i work with ai every morning, have for about two years since chatgpt first released their beta version. It was a week or so ago that i saw the estate of tupac questioning. We thought it was interesting for folks who arent following the issue as closely as us to show the video. Have we got staff ready to queue that up . We need ya the west coast savior if you deal with this viciously you seem a little nervous about all the publicity [ bleep ] canadian we need to know the west coast victory heard it on the bud and podcast its got to be true so that entire musical rendition is a product of ai. And interestingly, that image, one of those, that name image and likeness is something that is the property of tupacs estate. The other is a ai generated image that was obviously done in violation to the extent to commercial purposes in violation of copyright. This is a hypothetical. This happened beginning a week or so ago, shortly after drake released that song. So weve got our work to do. And legislation addressing the misuse of digital replicas will have a multibillion dollar implication, weve got to get it under control. There are a lot of questions to be asked, and my office in particular is guilty of putting drafts out there, knowing that theyre drafts. Sometimes we even do it sooner without the cooperation or involvement of other members, because we put scary stuff out there to give you a ghost of christmas future. In this case we didnt do that. We tried to work on putting together a discussion draft that makes sense. But weve got a lot of things we have to work out. You know, the questions that we need answered is it wise to mandate that individuals have no right to license outside of their individual likeness. Should we create an exception for harmless noncommercial users . Should there be a notice in takedown. Theres a lot. Theres a litany. I hope that you all can come up with other ones, but ill submit the rest of my written statement for the record. But we have to act. This is hopefully in this congress, we can act, which means we have to move very, very quickly, or at a minimum, lay down a baseline that we can pick up when we come back with a new congress, and get it right. So i look forward to advancing everybodys active collaboration. The only thing that really makes me mad is when i see somebody trying to, through guerilla warfare, undermine the good faith efforts of this committee or my colleagues. If youre not at the table, youre going to be on the table. So why dont everybody just recognize our office is open to constructive criticism, use cases of where the policy doesnt make sense, but if youre in the category of it aint broke, dont fix it, youre not up with modern times. And i look forward to a good, productive hearing today. And thank you in advance for your productive collaboration as this legislation moves forward. Thank you, senator tillis, and thank you for another positive and engaging hearing. Its been a great experience serving on this committee with you. Today, we welcome six witnesses to testify about the nofakes act. Our first witness is robert kinsle. Ceo of warner music group, who has a lot of experience. He spent over a decade as youtubes chief Business Officer among another business engagements. Next, we have twigs, a singer, songwriter, producer, and dancer who has used ai to help her create, and also has had personal experience with unauthorrized deepfakes. Its great to have a voice present from the creative community. Next, we have a National Executive and director for sag aftra. The Screen Actors Guild of radio, and television artists, a labor representing 160,000 members who work in film, television, music, and more. Also the voice of the creative community. Then we have ben shifter sheffner. Thank you, ben. We welcome graham daveys, representing principally audio streaming platforms like spotify and youtube. Mr. Daveys davies also has a history of music. She teaches and writes on intellectual property law. After i swear in the witnesses, each will have five minutes to provide a summary of your Opening Statement that the senators have your written statements. Then well proceed to questioning. Each senator gets five minutes for the first round. We 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 that the testimony youre about to give before the committee will be the truth, the whole truth, and nothing but the truth, so help you god . Thank you all. Let the record reflect the witnesses have been sworn. Mr. Kinsle, you can proceed with your Opening Statement. Chairman kuhns, rank and member tillis, and members of the subcommittee. Im robert kinsle, chief executive 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 in communist czechoslovakia. I attended State University in new york, and there i met an amazing woman who eventually became my wife and now we have two amazing american daughters. Im a proud american citizen and 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 a tech and media executive. I joined warner music last year after 12 years at youtube and eight years at netflix. Warner music is home to an incredible array of artists and songwriters who are moving culture across the globe. One of those artists twigs is here with my today. She is an extraordinarily gifted singer, songwriter, actor, and performer. I would also like to thank Duncan Crabtree ireland who negotiated between sagaftra and record labels regarding ai and defends artist rights. Music has so often been the canary in the coal mine for the broader trends in our society. More than any other form of communication or entertainment, music drives culture and innovation. And thats happening again with generative ai. Today, Music Companies are helping artists, rights holders, and Tech Companies figure out this new world, which is both exciting and daunting. Its our job to not only help amplify artist creativity, but to protect their rights, their livelihoods and their identities. Across the industry, legends from roberta flack, to the beatles, have embraced ai, as a tool to enhance their creativity. At the same time, generative ai is appropriating artist identities, and producing deepfakes of artists singing, saying, or doing things theyve never done before. You can hear my identity in my voice. Through ai, it is very easy for someone to impersonate me and cause all manner of havoc. They could speak to an artist in a way that destroys our relationship. They could say untrue things to the media that would damage our business. Unfeathered Deepfake Technology has the potential to impact everyone, even all of you. Your identities could be appropriate rated, and used to mislead your constituents. The truth is, everyone is vulnerable. Families defrauded by voice clones pretending to be relatives, people placed in pornography without their consent. Some people have spoken of ai as a threat to freedom of speech, but its precisely the opposite. Ai can put words in your mouth, and ai can make you say things you didnt say or dont believe. Thats not freedom of speech. We appreciate the efforts of this committee to address this problem. Including the nofakes act discussion draft authored by chairman kuhns, Ranking Member tillis, senator blackburn and senator klobuchar. Your leadership kick started efforts in this area, and we strongly support the bipartisan, no ai fraud act introduced in the house earlier this year by representatives salazar and dean, and the recently enacted elvis act in tennessee. As the members as the Committee Moves toward the introduction of a senate bill, there are three elements the bill should contain to be effective. One, an enforceability property right for likeness and voice. Each person should be allowed to license or deny that right on the free market terms and seek redress for unauthorrized uses. Two, respect for an important First Amendment principles, without going any further and providing loopholes that create more victims. And three, affective deterrents. To incentivize a vibrant and responsible commercial marketplace, we need to maintain consequences for ai model builders that knowingly violate persons Property Rights. I applaud addressing these challenges issues with urgency. Congress should pass legislation this year, before the genie is out of the bottle, while we still have a chance to get this right. I look forward to answering your questions. Thank you. Thank you mr. Kinsle. Twigs. As artists, we dedicated a lifetime of hard work and sacrifice in the pursuit of excellence. Not only in the expectation of achieving commercial success and critical acclaim, but also in the hope of creating a body of work and recognition that is our legacy. So why am i here today . Im here because my music, my acting, my dancing, the way that my body moves and the way my voice resonates through a microphone is not by chance. They are reflections of who i am. My art is a canvas by which i paint my identity. It is the very essence of my being, yet this is under threat. Ai cannot replicate the depth of my life journey, yet those who control it, hold the power to mimic the likeness of my art, replicate it, and falsely claim my identity and intellectual property. This prospect threatens to rewrite and unravel the fabric of my very existence. We must enact regulation now to safeguard our authenticity and protect against misproposation of our inalienable rights. Three decades ago, we did not realize that the internet would embed itself so deeply into the core of our evidence lives. Policies and controls to keep pace with the emergence of the technology were not put in place to protect artists, young people and those that were vulnerable and it ran away with us. Ai is the biggest leap in Technological Advancement since the internet. You know the saying. Fool me once, shame on you. Fool me twice, shame on me. If we make the same mistake with the emergence of ai, it will be shame on us. Let me be clear. I am not against ai. As a future facing artist, new technologies are an exciting tool that can be used to express deeper emotions, create fantasy worlds, and touch the hearts of many people. In the past year, i have developed my own deepfake version of myself that is not only trained in my personality, but can also use my exact tone of voice to speak many languages. These and similar emerging technologies are highly available tools. This, however, is all under my control, and i can grant or refuse consent in a way that is meaningful. What is not acceptable is when my art, and my identity can simply be taken by a third party and exploited falsely for that own gain, without my concept of the absence of appropriate legislative control and restriction. History has shown us time and again, in moments of great advancement, those in the arts are those first to have their works exploited and commode commoditized. By protecting artists with legislation, at such a momentous time in history, we are protecting a 5yearold child in the future from having their voice, likeness, and i