CONSENT Act

Establishes a private right of action against individuals sending unsolicited explicit visual depictions. Defines “machine-manipulated media” as AI-modified. Permits recipients to sue for damages and attorney fees. Exempts third-party providers and certain senders. Allows legal guardians to sue for minors. Permits minors to use initials for privacy. Ensures civil remedies do not supersede criminal laws. Includes severability clause.

  • Authority: United States Congress
  • Parent authority: Federal government
  • Jurisdiction: United States
  • Collections: U.S. federal laws
  • Most recent activity: Defunct
  • Most recent activity date: 2025-01-03

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

  • Fraud, scams, and targeted manipulation

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • Exposure to toxic content
  • Compromise of privacy
  • False or misleading information

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document primarily addresses risks related to malicious actors (4.3 Fraud, scams, and targeted manipulation) through its focus on unsolicited sexually explicit content and machine-manipulated media. It also touches on privacy concerns (2.1) and toxic content exposure (1.2), though these are addressed indirectly through the civil remedy framework rather than comprehensive governance measures.

Sector coverage

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • Information
  • Educational Services
  • Health Care & Social Assistance
  • Public Administration (excl. National Security)

All other sectors had no coverage in this document.

Sectors Summary

This Act does not govern AI use within specific economic sectors but rather establishes a cross-sectoral civil remedy for individuals who receive unsolicited sexually explicit content. The governance applies to any individual or organization that sends such content, regardless of their industry sector.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding federal statute with mandatory legal obligations, enforcement through civil litigation, and statutory damages provisions.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: United States Congress; Senator Schatz; Senator Daines; Committee on the Judiciary
  • Summary: The bill was introduced in the United States Senate by Senator Schatz and Senator Daines and referred to the Committee on the Judiciary for consideration.

Target

  • Entity Types: AI_User, Affected_Stakeholder
  • Summary: The Act targets individuals 18 years of age or older, or any person that is not an individual (organizations), who send unsolicited sexually explicit visual depictions. Recipients of such content are also covered as they have the right to bring civil action.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: district court of the United States
  • Summary: Enforcement is conducted through the federal district court system, where recipients can bring civil actions. Courts have authority to award damages and issue injunctions.

Monitor

  • Summary: The Act does not establish any formal monitoring body or oversight mechanism. Compliance monitoring relies on individual recipients identifying violations and bringing civil actions.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Build and Use Model
  • Deploy

AI Lifecycle Summary

The document does not focus on AI development lifecycle stages but rather on the use and deployment of AI-generated content (machine-manipulated media) in a specific harmful context. It addresses the deployment and use of AI systems that generate sexually explicit content.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

  • Generative AI

Technical Scope Summary

The document explicitly mentions machine-manipulated media and machine-learning techniques but does not reference AI models, AI systems, or any specific categories of AI such as frontier AI, general purpose AI, foundation models, or generative AI. It does not mention compute thresholds or open-weight models.

https://www.congress.gov/bill/118th-congress/senate-bill/3986
https://agora.eto.tech/instrument/887
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Document data from AGORA, CSET Emerging Technology Observatory.