As Meta shuts down vital transparency tool, Senators Coons, Cassidy condemn company for refusal to keep program running

WASHINGTON – U.S. Senators Chris Coons (D-Del.) and Bill Cassidy, M.D. (R-La.) today condemned Meta’s response to their bipartisan and bicameral letter sent to the company last month, which urged Meta to delay its decision to shut down CrowdTangle. CrowdTangle is a Meta-owned transparency tool used by researchers and journalists to monitor public content on Facebook, Instagram, and other platforms. The company shut down CrowdTangle today.

“I am disappointed that Meta ended access to an important social media transparency tool right before a critical election, despite bipartisan and bicameral support for an extension,” said Senator Coons. “I am further troubled that Meta provided no meaningful response to the specific questions my colleagues and I raised. Meta’s unwillingness to provide meaningful transparency on its own demonstrates why it’s so important that the Senate takes up and passes my Platform Accountability and Transparency Act.”

“Meta’s response only highlights the need for more oversight and scrutiny of Big Tech,” said Senator Cassidy. “They dodged our questions because they felt they could. If they need a reason to comply with Congress, let’s pass our Platform Accountability and Transparency Act and give them one.”

Last month, Senators Coons and Cassidy and 15 of their congressional colleagues sent a letter to Meta raising concerns about Meta’s decision to end access to CrowdTangle, which is no longer available as of today, August 14, 2024. The signatories asked Meta to delay the move by six months. 

The signatories asked several questions as to why Meta is pulling the plug on this tool at such a critical time, during which the United States faces national security threats, the imminent effects of social media on our children and their mental health, the expansion of generative artificial intelligence, and upcoming elections across the world – none of which was meaningfully answered by the company in its response. 

In a response issued this week, Meta refused to extend the life of CrowdTangle, pointing to its Meta Content Library and Content Library API as its proffered replacement. However, as the letter from Senators Coons, Cassidy, and others detailed, Meta Content Library has a number of specific limitations that make it unsuitable as a replacement for CrowdTangle at the current time. Meta’s letter failed to even engage with these concerns, and Meta did not address the requests for information regarding how many entities have access to Meta Content Library, given reported long delays and hurdles in obtaining access. Among other limitations – unlike CrowdTangle – the new tool will not be accessible to for-profit news organizations, significantly curtailing its value.

Last year, Senators Coons and Cassidy, along with Senators Amy Klobuchar (D-Minn.), John Cornyn (R-Texas), Richard Blumenthal (D-Conn.), and Mitt Romney (R-Utah) introduced the bipartisan Platform Accountability and Transparency Act (PATA), a bill that would require social media companies to be more transparent with the public and researchers. A section of PATA would specifically require major platforms to make a tool like CrowdTangle widely available to study public content. In light of the shutdown of CrowdTangle, Senators Coons and Cassidy urged the Senate to take up PATA so researchers and the public have the data they need to study the impact social media platforms have on our society.

You can read the full letter to Meta here. 

You can read Meta’s full response here.

Senator Coons, Democratic colleagues urge Justice Department to protect election workers ahead of November election

WASHINGTON – U.S. Senator Chris Coons (D-Del.), Senate Judiciary Committee Chair Dick Durbin (D-Ill.), U.S. Senator Amy Klobuchar (D-Minn.), and 19 of their Democratic colleagues sent a letter to Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco urging the U.S. Department of Justice to take further action to counter threats targeting election workers ahead of the upcoming election. 

“We write to express serious concern about ongoing and persistent threats against election workers and to call on the Department of Justice to take additional steps to protect election officials, workers, and volunteers as we approach the election in November,” the senators wrote. “In recent years, we have seen an ongoing barrage of threats and abusive conduct targeting election workers, and, as noted in the Department’s Election Threats Task Force briefing in May, these threats to our public servants ‘endanger our democracy itself.’”

“We appreciate the steps that the Department has taken to address these concerning threats, including establishing the Election Threats Task Force and working to raise awareness of federal resources, but more must be done to counter these persistent threats and ensure that election workers can do their jobs,” the senators continued. “It is for these reasons that we urge the Department to continue to prioritize the investigation and prosecution of threats against election workers, including by allocating sufficient resources to meet these threats head on.”

In addition to Coons, Durbin, and Klobuchar, the letter was signed by Senators Peter Welch (D-Vt.), Mark Warner (D-Va.), Alex Padilla (D-Calif.), Michael Bennet (D-Colo.), Laphonza Butler (D-Calif.), Elizabeth Warren (D-Mass.), Brian Schatz (D-Hawaii), Ben Ray Luján (D-N.M.), Mazie Hirono (D-Hawaii), Catherine Cortez Masto (D-Nev.), Richard Blumenthal (D-Conn.), Bernie Sanders (I-Vt.), Ron Wyden (D-Ore.), Bob Casey (D-Pa.), Chris Van Hollen (D-Md.), Cory Booker (D-N.J.), Ben Cardin (D-Md.), Raphael Warnock (D-Ga.), and Angus King (I-Maine). 

The full text of the letter is available here.

Senator Coons, Cornyn, colleagues introduce bill to combat fentanyl-laced pill production

WASHINGTON – U.S. Senators Chris Coons (D-Del.), John Cornyn (R-Texas), Jerry Moran (R-Kan.), Amy Klobuchar (D-Minn.), and Maria Cantwell (D-Wash.) introduced their Fight Illicit Pill Presses Act, which would make it easier to combat and track illicit fentanyl manufacturing. 

The bill would help stop the production of counterfeit and fentanyl-laced pills and help federal law enforcement act against cartels’ illegal use of pill presses by requiring presses to be engraved with serial numbers. 

“Even as the Biden administration continues to crack down on fentanyl supply chains, there is more Congress can do to address the current leading cause of death for younger Americans,” said Senator Coons. “The Fight Illicit Pill Presses Act will target an underappreciated but critical part of the fentanyl supply chain: pill press machines used for illicit purposes. I appreciate Senator Cornyn’s leadership in developing this approach with me to help track pill presses in a way that properly accounts for the needs of law enforcement, legitimate businesses, and our communities.”

“Seven out of 10 pills seized by the Drug Enforcement Agency are laced with a lethal dose of fentanyl, underscoring just how easy it is for this silent killer to permeate in our communities and take the lives of our innocent and unsuspecting loved ones,” said Senator Cornyn. “By requiring the serialization of pill presses, this bill will help law enforcement better detect, trace, and prosecute the cartels who are using this machinery to produce these deadly pills.”

“Fentanyl has taken the lives of thousands of Americans and continues to be a leading cause of death in the United States,” said Senator Moran. “By imposing penalties for removing or altering serial numbers on pill presses, law enforcement will be able to more effectively target those responsible for the production of counterfeit fentanyl-laced pills and help prevent drug traffickers from flooding our country with these deadly fake pills.”

“Fentanyl has devastated families across Minnesota and this crisis is being fueled by those who use pill presses to make counterfeit drugs,” said Senator Klobuchar. “We need to do more to fight traffickers and protect communities. This bipartisan legislation will require all pill presses to have a serial number, which will help law enforcement keep track of pill presses, fight counterfeit pill production, reduce overdoses, and ultimately save lives.”

In 2023, the U.S. Drug Enforcement Agency (DEA) seized more than 80 million fentanyl-laced pills, an increase of 37% from the year before. In 2024, the DEA has already seized more than 23 million fentanyl pills. Many cartels have gained access to the same type of pill presses used by pharmaceutical companies in order to create dangerous counterfeit pills. 

The Controlled Substances Act currently requires companies to keep records and reports of the distribution of pill press equipment, which helps the DEA track and seize pill presses used to manufacture fentanyl-laced pills. But despite the illicit pill presses that have been seized in 43 states, multiple reports suggest these seizures only account for a small number of those being used by cartels.

The Fight Illicit Pill Presses Act would help the DEA and other federal law enforcement agencies track pill press machines and better tackle drug trafficking by amending the Controlled Substances Act to require that all encapsulating machines or tableting machines be engraved with a serial number. This bill would impose criminal penalties for the removal or alteration of the serial number and for the transportation or possession of any pill press with a removed or altered serial number.

The legislation is endorsed by the National High Intensity Drug Trafficking Area Directors Association, National Narcotic Officers’ Associations’ Coalition, Federal Law Enforcement Officers Association, Major County Sheriffs of America, Sergeants Benevolent of the New York City Police Department, National District Attorneys Association, and the Conservative Political Action Conference.

Senator Coons, Democratic colleagues reintroduce bill to prevent future administrations from enacting Muslim bans

WASHINGTON – U.S. Senator Chris Coons (D-Del.) and Congresswoman Judy Chu (D-Calif.) reintroduced the National Origin-Based Antidiscrimination for Nonimmigrants (NO BAN) Act, legislation that prevents future Muslim bans by strengthening the Immigration and Nationality Act to prohibit discrimination on the basis of religion and by ensuring that any use of the authority to suspend entry into the country is narrowly tailored and follows appropriate consultation with Congress.

As a candidate for president in 2016, Donald Trump promised to ban all Muslims from the United States. Upon taking office, he tried to make good on that promise and enacted bans that were repeatedly struck down by the courts until the conservative majority of the Supreme Court ultimately upheld a version of the ban by a 5-4 vote. As a result of the bans, countless married couples could not live together, parents could not live with their children, and families could not gather to celebrate or grieve. While President Biden reversed these bans, the threat of restoring such legislation looms. This bill ensures that such discriminatory actions are not possible in the future. 

“Former President Trump’s Muslim ban was cruel and counterproductive,” said Senator Coons. “It tore apart families; led to the detention of people at airports for hours with limited access to food, water, or legal representation; and violated the very fabric of who we are as a country. We must ensure that this senseless policy is never repeated and that no elected official acts on fear and prejudice to discriminate based on religion or nationality. That is why I’m reintroducing the NO BAN Act to prevent future discriminatory travel bans and make sure our nation lives up to its highest ideals.” 

“A hateful stain on our nation, Trump’s Muslim ban was inspired by bigotry and Islamophobia and did lasting damage to the families it separated,” said Congresswoman Chu. “I was so grateful when the Biden-Harris administration took action on its first day to rescind all versions of this ban, but we can’t risk letting prejudice against Muslims, or any other religious minority, become policy once again. I am joining Senator Coons and my Democratic colleagues to once again introduce the NO BAN Act to update our laws, make certain future presidents cannot ban people solely because of their religion, and require evidence of national security threats to exist before broad-based travel bans are implemented. I urge our Republican colleagues to respect religious liberty and join us in sending this legislation to President Biden’s desk for his signature.”

“We welcome the reintroduction of a policy rooted in the highest American aspirations of equality, religious freedom, and refuge from tyrannical leaders,” said Sumayyah Waheed, Senior Policy Counsel, Muslim Advocates. “We remember clearly the hate, chaos, and devastating family separation resulting from former President Trump’s Muslim and Africa bans – effects that remain unresolved to this day. Every day, people seeking safety at our borders are forced to face unlawful, dehumanizing, debilitating, and even lethal barriers to doing so. With the reintroduction of the NO BAN Act, we hope to check discriminatory and cruel abuses of presidential power at our borders. We urge Members in both houses to swiftly pass this bill.”

“The Muslim ban was a stain on America’s conscience and President Biden’s executive order rescinding all the various versions of the ban was an important first step,” said Yasmine Taeb, Legislative and Political Director, MPower Change Action Fund. “To ensure our communities do not face the threat of family separation and Islamophobia through the implementation of another discriminatory ban by a future president, Congress needs to pass the NO BAN Act. We’re grateful for the leadership of Representative Chu and Senator Coons and urge Congress to pass the bill immediately.” 

“We celebrate Representative Chu and Senator Coons’ persistent leadership in reintroducing the NO BAN Act,” said Raha Wala, Vice President of Strategic Partnerships and Advocacy, National Immigration Law Center. “No president should have the overreaching authority to pass discriminatory bans based on religion or national origin, like that of the Muslim and African bans, ever again. We urge Congress to swiftly pass this bill and send it to President Biden to be signed into law.”

“The Muslim Ban is a stain on our nation’s history and was a cruel betrayal of our values and moral obligations,” said Naureen Shah, Deputy Director of Government Affairs and Policy for Immigration, American Civil Liberties Union. “We welcome the reintroduction of the NO BAN Act, and urge Congress to pass this critical legislation. Xenophobia and anti-Muslim hate have no place in our country, and it’s time our laws reflect that.”

“The fight against the Muslim ban is not over, and we are thankful that Representative Judy Chu, Senator Chris Coons, and many of their colleagues are reintroducing the NO BAN Act to safeguard communities that would be targeted if Donald Trump is reelected and follows through on his promise to reimpose and expand the Muslim ban,” said Ryan Costello, Policy Director, National Iranian American Council. “We urge Congress to pass it without delay. There are longstanding ties between the people of Iran and the United States that were painfully severed when Trump imposed his ban, impacting countless students who sought to pursue an education in the United States, families intent on reuniting, and others eager to pursue the American dream. The NO BAN Act is vital to ensure proper oversight of the president’s immigration authorities and to enable Congress to step in if Trump or any other president once again seeks to arbitrarily deny visas to anyone on the basis of their national origin or religion.”

“It has been three years since the Muslim ban was ended by a presidential proclamation,” said Wa’el Alzayat, CEO, Emgage Action. “The ban tore families apart, fostered divisive rhetoric against Muslims, and inflicted lasting damage on communities of color around the globe. We are grateful for the leadership of Representative Judy Chu and Senator Chris Coons in reintroducing the NO BAN Act. Passing this critical bill is essential to ensure that no future president can institute such a ban. We urge Congress to act and prevent any future administration from abusing executive power in this manner.”

The bill would:

• Provide that the Immigration and Nationality Act nondiscrimination provisions apply to religion, as well as to the issuance of non-immigrant visas and benefits;
• Require that any travel restriction imposed under Immigration and Nationality Act be based on specific and credible facts, and in a way narrowly tailored to address a compelling government interest; and
• Establish procedural requirements, including notice to Congress within 48 hours, and periodic reporting.

The NO BAN Act was originally introduced by Senator Coons and Congresswoman Chu in 2019. The bill passed the U.S. House of Representatives in both 2020 and 2021. In 2021, the Biden-Harris administration issued a statement in support of the legislation, noting that the prior “bans were a stain on our national conscience and are inconsistent with our long history of welcoming people of all faiths.”   

The NO BAN Act has received endorsements from numerous immigrants’ rights organizations, faith-based organizations, and civil rights organizations, including Muslim Advocates, the MPower Change Action Fund, National Immigration Law Center, American Civil Liberties Union, National Iranian American Council, Emgage Action, American-Arab Anti-Discrimination Committee, Bend the Arc: Jewish Action, Union for Reform Judaism, National Partnership for New Americans, Quixote Center, Immigrant Legal Resource Center, The Advocates for Human Rights, America Indivisible, Lawyers for Good Government, African Communities Together, Acacia Center for Justice, Alianza Americas, Win Without War, Chispa, League of Conservation Voters, Asylum Seeker Advocacy Project, Project ANAR, Immigrants Act Now, Global Refuge, Asian Americans Advancing Justice, Church World Service, American Humanist Association & Center for Freethought Equality, Muslim Public Affairs Council, Brennan Center for Justice, Colorado Immigrant Rights Coalition, Estrella del Paso (formerly Diocesan Migrant and Refugee Services Inc.), Americans for Immigrant Justice, GALEO Impact Fund, Immigrant Defenders Law Center, Qodiva, and the California Immigrant Policy Center.

The NO BAN Act is cosponsored in the Senate by Brian Schatz (D-Hawaii), Alex Padilla (D-Calif.), Sheldon Whitehouse (D-R.I.), Bernie Sanders (I-Vt.), Debbie Stabenow (D-Mich.), Jeanne Shaheen (D-N.H.), Tim Kaine (D-Va.), Tammy Duckworth (D-Ill.), Angus King (I-Maine), Ron Wyden (D-Ore.), Peter Welch (D-Vt.), Mazie Hirono (D-Hawaii), Richard Blumenthal (D-Conn.), Gary Peters (D-Mich.), Patty Murray (D-Wash.), Amy Klobuchar (D-Minn.), Dick Durbin (D-Ill.), John Hickenlooper (D-Colo.), Jeff Merkley (D-Ore.), Maria Cantwell (D-Wash.), Chris Van Hollen (D-Md.), Catherine Cortez Masto (D-Nev.), Ben Cardin (D-Md.), Mark Warner (D-Va.), Ben Ray Luján (D-N.M.), Tammy Baldwin (D-Wis.), Elizabeth Warren (D-Mass.), Cory Booker (D-N.J.), Michael Bennet (D-Colo.), Ed Markey (D-Mass.), Tom Carper (D-Del.), and Tina Smith (D-Minn.).  

The text of the bill is available here. 

A section-by-section summary of the bill is available here.

Senator Coons statement on the markup of fiscal 2025 State and Foreign Operations Appropriations Act

WASHINGTON – U.S. Senator Chris Coons (D-Del.), Chair of the Senate State and Foreign Operations (SFOPS) Appropriations Subcommittee and a member of the Senate Foreign Relations Committee, released the following statement after the full committee markup of the fiscal year 2025 SFOPS Appropriations bill: 

“The Appropriations Senate bill for the Department of State, Foreign Operations, and Related Programs for fiscal year 2025 strengthens American diplomacy, bolsters our national security, and honors our commitments to partners around the world. At a time of growing instability and uncertainty, American leadership and investment in global health, humanitarian assistance, economic development, and diplomatic engagement is more important than ever. I thank Ranking Member Lindsey Graham for his commitment to this work. The bill our subcommittee produced is proof that it is still possible to forge consensus and agreement in Congress, and that values-based foreign policy that promotes American economic competitiveness, advances our global development goals, and keeps our country safe remains a bipartisan priority.

“Ultimately, all negotiations require compromise. I will continue to fight for increased funding for humanitarian assistance to address growing global challenges and ensure that development and refugee organizations are able to support needy people from the Middle East to Ukraine and beyond.”  

Highlights of the FY 2025 SFOPS bill include:

The bill provides $61.6 billion for the U.S. Department of State, U.S. Agency for International Development (USAID), and other agencies and programs, an increase of $3.3 billion above the prior year’s level.

Supporting the diplomatic and development workforce. The bill includes $12.2 billion for Department of State and USAID operations to expand U.S. engagement and influence overseas; serve the interests of Americans living, traveling, and working abroad; and advance U.S. economic and security interests.

Bolstering economic resilience, development finance, export, and trade tools. The bill includes $685 million for the multi-agency Economic Resilience Initiative (ERI) to enhance U.S. and partner country economic security and growth through investments to diversify and secure supply chains, modernize transportation corridors, expand and strengthen information and communications networks, and strengthen energy security. This includes $100 million made available in the CHIPS and Science Act of 2022 and $200 million for the Department of the Treasury to increase financing overseas, including for strategic infrastructure and energy security. These priorities contribute to partner macroeconomic stability and mitigate the influence of malign actors on critical supply chains, including by countering substandard or coercive forms of lending offered by other nations. 

Investing in global health programs and humanitarian assistance. The bill includes $9.7 billion to support critical global health initiatives to combat HIV/AIDS, malaria, tuberculosis, and neglected tropical diseases; advance global health security, including $250 million for a U.S. contribution to the Pandemic Fund; and increase key efforts, such as programs to support maternal and child health and the global health workforce. The bill increases funding for family planning and reproductive health services to help prevent maternal mortality globally and allow people to plan families on their own terms, and extends the PEPFAR authorization through fiscal year 2026. The bill also increases humanitarian assistance to $8.9 billion for programs to help meet unprecedented forced displacement, food insecurity, and other emergency needs across the globe.

Supporting sustainable and inclusive development, democratic governance, and economic growth. The bill provides $9.5 billion for programs to support development and economic assistance programs, and includes increases for bilateral and multilateral mechanisms to support biodiversity, adaptation, sustainable landscapes, and clean energy programs, including $150 million for the Clean Technology Fund. The bill increases U.S. agriculture and food security programming and directs resources to target countries that demonstrate the greatest need. The bill also provides $200 million for two new foundations focused on conservation and food security, if authorized, better leveraging private-sector investment.

Ensures critical funding for international financial institutions. The bill provides $2.7 billion to support international financial institutions, including replenishments for the Inter-American Development Bank, European Bank for Reconstruction and Development, and a callable capital increase at the African Development Bank. The bill increases flexible funding for the Department of the Treasury to enhance lending at these institutions and provide alternatives to People’s Republic of China (PRC) financing, and supports deploying U.S. development advisors to the U.S. executive directors at each of the multilateral development banks to improve their impact.

Meeting our commitments to international organizations. The bill provides $2.9 billion to meet our commitments and fully fund our dues to the United Nations and other international organizations, consistent with applicable statutory caps. It ensures that the United States maintains its global leadership role and combats the malign influence of adversaries and competitors at international organizations with increased funding to recruit and place Americans in entry-level U.N. jobs, sustained funding to support the recruitment of U.S. candidates for U.N. agency leadership elections, and resources to detail U.S. government subject matter experts to key U.N. agencies.

Countering malign actors: The bill includes $1.4 billion to strengthen law enforcement cooperation, counter drug trafficking, and related purposes, including $170 million to support efforts to stop global flows of fentanyl and other synthetic drugs as well as their precursor materials. The bill also increases funding for the Countering PRC Influence Fund; enhances strategic investments to counter Russian influence and aggression, including in Africa; and increases funding for partner military financing, training, and education globally.

Regional priorities. The bill fully funds assistance for Ukraine, increases Indo-Pacific programming by $100 million to $1.9 billion total, includes new provisions to support trade and investment in Africa, and provides funds to support stabilization operations in Haiti. The bill also includes 20,000 additional Afghan Special Immigrant Visas.

Transitional justice and global fragility. The bill supports transitional justice in Sudan, Ethiopia, and Liberia, and increases funding for implementation of the Global Fragility Act to $150 million and ensures such funds are used for countries with national and local governments with the demonstrated political will and capacity to partner on strengthening government legitimacy.

Oversight, effectiveness, and sustainability. The bill provides increased funding for the State Department and USAID inspectors general, and includes a new provision focused on efforts to accelerate localization of assistance delivery, enhance innovation, improve monitoring and evaluation, and strengthen private-sector partnerships. The bill also includes $5 million for additional staffing for oversight of State Department-funded military assistance to ensure compliance with U.S. laws and policies regarding human rights protections.

Independent agencies. The bill fully funds the Peace Corps, Millennium Challenge Corporation, International Boundary and Water Commission, National Endowment for Democracy, and other independent agencies and entities. 

Senator Coons statement on Russian-American prisoner swap

WASHINGTON – U.S. Senator Chris Coons (D-Del.) released the following statement today after Russia released multiple wrongfully detained Americans today as part of a larger prisoner swap:

“I am overjoyed at the news of the release of several wrongfully detained Americans from Russian prisons and penal colonies, including Wall Street Journal reporter Evan Gershkovich; Radio Free Europe journalist Alsu Kurmasheva; and Marine Paul Whelan. I am also delighted to hear that the release also includes Russian political prisoners, such as journalist and activist Vladimir Kara-Murza, human rights leader Oleg Orlov, and several key allies of the late Russian dissident Alexei Navalny. I am especially glad for their parents and families, who can embrace them once again after months or years spent behind bars.

“To be clear, none of those whom Russia has released today did anything wrong. Journalism is not a crime. These arrests have been examples of Russian President Vladimir Putin’s cynical ‘hostage diplomacy,’ where he detains foreign nationals to use as leverage against their home governments in an assault on the rules-based international order.

“I am grateful to the work of President Biden, Secretary of State Antony Blinken, Special Presidential Envoy for Hostage Affairs Roger Carstens, and the rest of the administration for securing the release not only of American citizens, but Russian pro-democracy and human rights activists who were unjustly imprisoned as well. I will continue to work in Congress to secure the freedom and safe return of other Americans held hostage or wrongfully detained abroad, as well as on my legislation here at home to stop tax penalties and damage to credit scores that occur while wrongfully detained or held hostage abroad. No American should have to go through the horror of political imprisonment on false charges overseas, and they certainly should not face economic penalties from their own government when they come home.”

Senator Coons is Chair of the Senate Appropriations Subcommittee on State and Foreign Operations (SFOPS), a member of the Senate Foreign Relations Committee, and Co-Chair of the Senate Human Rights Caucus. In May, the Senate unanimously cleared his Stop Tax Penalties on American Hostages Act, bipartisan legislation with U.S. Senator Mike Rounds (R-S.D.) to stop the IRS from imposing fines and penalties on American hostages and wrongful detainees for late tax payments while they are held abroad. In June, Senator Coons introduced the Fair Credit for American Hostages Act with U.S. Senator Thom Tillis (R-N.C.), which would protect the credit scores of Americans who cannot make payments while held hostage or wrongfully detained overseas.

Senators Coons, Blackburn, Klobuchar, Tillis introduce bill to protect individuals’ voices and likenesses from AI-generated replicas

WASHINGTON – U.S. Senators Chris Coons (D-Del.), Marsha Blackburn (R-Tenn.), Amy Klobuchar (D-Minn.), and Thom Tillis (R-N.C.) today introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024, known as the NO FAKES Act, to protect the voice and visual likenesses of creators and individuals from the proliferation of digital replicas created without their consent. The introduction of the bill follows the October 2023 release of a discussion draft, an April 2024 Judiciary Subcommittee on Intellectual Property hearing, and extensive conversations with key stakeholders – all intended to improve and strengthen the bill.

The NO FAKES Act would hold individuals or companies liable for damages for producing, hosting, or sharing a digital replica of an individual performing in an audiovisual work, image, or sound recording that the individual never actually appeared in or otherwise approved – including digital replicas created by generative artificial intelligence (AI). An online service hosting the unauthorized replica would have to take down the replica upon notice from a right holder. Exclusions are provided for recognized First Amendment protections, such as documentaries and biographical works, or for purposes of comment, criticism, or parody, among others. The bill would also largely preempt state laws addressing digital replicas to create a workable national standard.

“Everyone deserves the right to own and protect their voice and likeness, no matter if you’re Taylor Swift or anyone else,” said Senator Coons. “Generative AI can be used as a tool to foster creativity, but that can’t come at the expense of the unauthorized exploitation of anyone’s voice or likeness. I am grateful for the bipartisan partnership of Senators Blackburn, Klobuchar, and Tillis and the support of stakeholders from across the entertainment and technology industries as we work to find the balance between the promise of AI and protecting the inherent dignity we all have in our own personhood. I am excited to watch this bill build support on Capitol Hill and beyond, and will work to pass it into law as soon as possible.” 

“Tennessee is known around the world for its rich music history and is home to an incredibly talented creative community,” said Senator Blackburn. “Artists’ rights to their voice, image, and likeness must be protected under the law, and the NO FAKES Act is an important first step in protecting our creative community against the misuse of generative AI.”

“Americans from all walks of life are increasingly seeing AI being used to create deepfakes in ads, images, music, and videos without their consent,” said Senator Klobuchar. “We need our laws to be as sophisticated as this quickly advancing technology. The bipartisan NO FAKES Act will establish rules of the road to protect people from having their voice and likeness replicated through AI without their permission.”

“While AI presents extraordinary opportunities for technological advancement, it also poses some new problems, including the unauthorized replication of the voice and visual likeness of individuals, such as artists,” said Senator Tillis. “We must protect against such misuse, and I’m proud to co-introduce this bipartisan legislation to create safeguards from AI, which will result in greater protections for individuals and that which defines them.”

This bill is endorsed by the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), the Recording Industry Association of America, the Motion Picture Association, the Recording Academy, OpenAI, IBM, The Walt Disney Company, Warner Music Group, Universal Music Group, Sony Music, the Independent Film & Television Alliance, William Morris Endeavor, Creative Arts Agency, the Authors Guild, and Vermillio. The Human Artistry Campaign has also gathered support for the bill from across the creative community.

“With AI technology becoming increasingly powerful, I’m thrilled to see this important legislation to protect human beings from abuses, exploitation, and fraud,” said Fran Drescher, President, SAG-AFTRA. “For SAG-AFTRA members, the NO FAKES Act is especially important since our livelihoods are intrinsically linked with our likenesses. Thank you, Senators Blackburn, Coons, Klobuchar, and Tillis, for making people the priority in the AI age!”

“If left unregulated, AI technology poses an existential threat not only to SAG-AFTRA’s members, but to civil discourse, student health and welfare, and democracy and national security,” said Duncan Crabtree-Ireland, National Executive Director and Chief Negotiator, SAG-AFTRA. “For these reasons, I applaud Senators Blackburn, Coons, Klobuchar, and Tillis for taking the lead in introducing the NO FAKES Act – an essential piece of legislation that will restore individual rights as this new technology flourishes.”

“As the music community embraces pro-artist, human-first uses of AI, the NO FAKES Act represents a huge step forward for smart, effective, guardrails against irresponsible and unethical uses of these technologies,” said Mitch Glazier, Chairman and CEO, Recording Industry Association of America. “By returning to first principles and creating an enforceable new intellectual property right, the legislation lays the foundation for free-market negotiations that will propel both innovation and safety forward in AI, not just for artists but for everyone. The Recording Industry Association of America extends its deepest thanks to Senators Coons, Blackburn, Klobuchar, and Tillis and their teams for their persistent leadership in bringing stakeholders together to support this balanced, thoughtful, forward-looking legislation.”

“The Motion Picture Association thanks Senators Coons, Blackburn, Klobuchar, and Tillis for their work on the NO FAKES Act,” said Charles Rivkin, Chairman and CEO, Motion Picture Association (MPA). “We support protecting performers from generative AI abuse – and this bill thoughtfully establishes federal protections against harmful uses of digital replicas, while respecting First Amendment rights and creative freedoms. We particularly appreciate the sponsors’ inclusion of safeguards intended to prevent the chilling of constitutionally protected speech such as biopics, docudramas, parody and satire – which will be necessary for any new law to be durable. The MPA looks forward to working closely with the bill’s sponsors as the NO FAKES Act makes its way into law.”

“The Recording Academy thanks Senators Coons, Blackburn, Klobuchar, and Tillis for their unwavering leadership in protecting artists, creators, and all individuals,” said Harvey Mason Jr., CEO, Recording Academy. “The NO FAKES Act is a major step forward in our fight to ensure that AI is used ethically and equitably to enhance creativity, not to exploit or replace it. This legislation will provide needed certainty and clarity to all stakeholders, and we urge the Senate to act quickly to pass it.”

“OpenAI is pleased to support the NO FAKES Act, which would protect creators and artists from unauthorized digital replicas of their voices and likenesses,” said Anna Makanju, Vice President of Global Affairs, OpenAI. “Creators and artists should be protected from improper impersonation, and thoughtful legislation at the federal level can make a difference. We appreciate the leadership of Senators Coons, Blackburn, Klobuchar, and Tillis and look forward to further collaboration on this legislation as it advances through Congress.”

“Nearly every sector in the United States is now utilizing AI, and with these rapid advancements, we must acknowledge the increased importance of safeguarding creators and individuals from potential risks associated with certain AI applications,” said Christina Montgomery, Chief Privacy and Trust Officer, IBM. “IBM is proud to support the NO FAKES Act of 2024 because it specifically focuses on the interests of individuals whose images, voices, or likenesses may be replicated without their consent, including by AI systems. We welcome this bipartisan legislation aimed at protecting these interests and thank Senators Coons, Blackburn, Klobuchar, and Tillis for their leadership on this important legislation.”

“Disney is pleased to support the NO FAKES Act, as introduced, which ensures important and meaningful protections for individuals against misuse of their image and voice through new AI technologies while maintaining critical speech protections for storytelling that are rooted in the First Amendment,” said The Walt Disney Company. 

“I am honored to have testified about the urgent need for deep fake legislation at the Senate Judiciary Committee’s April 30 hearing, and I’m grateful to Senators Coons, Blackburn, Klobuchar, and Tillis for their thoughtful crafting of the NO FAKES Act,” said Robert Kyncl, CEO, Warner Music Group. “Warner Music Group has always embraced new ways to bring technology and music together and recognizes the extraordinary promise of AI with commonsense guardrails to protect creators, innovators, and consumers. The NO FAKES Act strikes the right balance to propel the next wave of technology-powered creativity while safeguarding every American’s right to control the use of their own image and voice in the age of AI.”

“The NO FAKES Act is landmark legislation to help foster ‘responsible AI,’ under which generative AI can fulfill its potential ethically, while cracking down on deepfakes and other misuses of individuals’ rights over their own voice and visual likeness,” said Universal Music Group. “Success requires legislative guardrails like this to prevent AI companies from exploiting content without prior authorization. With this bill, Chairman Coons, Ranking Member Tillis, Senator Blackburn, and Senator Klobuchar recognize the importance of this issue to creators – and all Americans. We look forward to working together to achieving this mutually beneficial outcome.”

“Sony Music applauds Senators Coons, Blackburn, Klobuchar, and Tillis for this bipartisan effort to address the growing problem of AI deepfakes,” said Sony Music. “The No FAKES Act recognizes that a human artist’s voice and image is the lifeblood of their career and worthy of the strongest protections. By creating a new federal right, this legislation will provide a meaningful new tool to put artists back in control of their identity and creative expression. Sony Music thanks the senators for their leadership in promoting the ethical use of this technology, and looks forward to working with them toward passage of this critical legislation.”

“The Independent Film & Television Alliance is pleased to support the NO FAKES Act, which will create a uniform federal approach to address unauthorized use of an individual’s likeness or voice,” said Jean Prewitt, President and CEO, Independent Film & Television Alliance. “The legislation also includes key First Amendment protections to not chill constitutionally protected speech and an important preemption provision. We appreciate Senators Coons and Blackburn’s leadership on this legislation, along with additional Senate sponsors, Senators Klobuchar and Tillis.”

“We view technology as a complement, not a substitute, for human artistry,” said Christian Muirhead, Co-Chairman, William Morris Endeavor. “Guardrails must be put into place that ensure continued innovation while protecting our clients’ name, image, likeness, and voice. We thank Senators Coons, Blackburn, Tillis, and Klobuchar for recognizing the urgency of this issue, and will continue to work with them to ensure all artists and our clients remain at the center of this vital legislation.”

“Our fundamental belief is that every person should be in control of the use of their name, image, likeness, voice, and body of work,” said Bryan Lourd, CEO and Co-Chairman, Creative Artists Agency. “We applaud Senators Coons, Blackburn, Klobuchar, and Tillis for creating this legislation, which is an important step in protecting artists and their IP rights from misuse.”

“The Authors Guild thanks Senators Chris Coons, Marsha Blackburn, Thom Tillis, and Amy Klobuchar for introducing the NO FAKES Act,” said Mary Rasenberger, CEO, Authors Guild. “It marks a significant step in protecting creators’ rights to their own persona. By prohibiting the unauthorized use of AI-generated replicas in audiovisual and sound recordings and establishing clear legal guidelines and liability for misuse, this bill helps safeguard creators from unauthorized and unpaid uses of their images and voices.”

“The NO FAKES Act is an admirable first step in laying the groundwork to protect talent and the largest IP holders while still allowing for innovation,” said Dan Neely, Co-Founder and CEO, Vermillio. “Deepfakes are the tip of the iceberg, and talent and entertainment companies must properly protect themselves. We look forward to continuing our work with Senators Coons, Blackburn, Tillis, and Klobuchar, who understand the importance of using innovative technologies to address potential gaps that allow scammers, tech platforms, and internet opportunists to create unauthorized AI.”

With the rapid advance of generative AI, artists and creators have already begun to see their voices and likenesses used without their consent in videos and songs created as nearly indistinguishable replicas. In one high-profile example, AI-generated replicas of the voices of pop stars Drake and The Weeknd were used to produce a viral song titled “Heart on My Sleeve,” generating hundreds of thousands of listens on YouTube, Spotify, and other streaming platforms before it was flagged as a fake and removed from the platforms. But the harmful effects of unauthorized AI-generated go far beyond celebrities. For example, in Maryland, a Baltimore high school athletic director was arrested and charged after using AI to create a deepfake voice recording of the school’s principal that included racist and derogatory comments about students and staff – statements the principal never actually made.

The bill’s introduction was met with a broad outpouring of support from the creative community. You can find a press release from the Human Artistry Campaign here that features dozens of supportive quotes from creative community unions, agencies, and organizations. 

Senator Coons serves as Chair of the Senate Judiciary Committee’s Intellectual Property Subcommittee and has long advocated for protecting U.S. intellectual property rights and cementing the United States’ role as the global innovation leader. Senator Coons has held a series of hearings focused on the intersection of AI and intellectual property law, and he is a leading advocate for American leadership on AI policies in the Senate.

The text of the bill is available here. 

A one-pager is available here.

A section-by-section summary of the bill is available here.

Senator Coons applauds bipartisan Senate passage of online privacy bill

WASHINGTON – U.S. Senator Chris Coons (D-Del.) today commended the Senate on passing the bipartisan Kids Online Safety Act (KOSA), which requires social media companies to take increased measures to better protect children from harmful content. The bill, which Senator Coons cosponsored, passed the Senate by a vote of 91-3.

“The Kids Online Safety Act installs much-needed safeguards to protect kids from cyberbullying and sexual exploitation online that have ruined far too many lives,” said Senator Coons. “Today, the Senate took a giant, bipartisan step toward ensuring our children can harness the power and benefits of the internet in a safe and secure way, but efforts to hold social media companies accountable cannot end here. I hope the Senate will build on this bipartisan momentum by swiftly taking up and passing my bipartisan Platform Accountability and Transparency Act (PATA) so that researchers and the public have the data they need to understand the impact social media platforms have on our children and our society.”

A member of the Senate Judiciary Committee, Senator Coons has been a leader on efforts to strike a balance between sensible regulations and the need for innovation and creativity in the tech and social media sectors. Last year, Senators Coons and Bill Cassidy, M.D. (R-La.) reintroduced PATA with four bipartisan cosponsors. The bill would require social media companies to be more transparent with the public and researchers about the impact they are having. The Washington Post has called PATA a “step towards solving our social media woes.”

Last week, Senators Coons and Cassidy led a bipartisan letter to Meta raising concerns about the company’s decision to end access to CrowdTangle, a transparency tool that provides researchers and journalists access to view and study public content on a variety of Meta-owned platforms that has yielded information on a wide spectrum of issues, including foreign influence campaigns, terrorism threats, and mental health crises.

Senator Coons, colleagues introduce bipartisan, bicameral bill to restore injunctive relief for patent infringement

WASHINGTON – Today, U.S. Senators Chris Coons (D-Del.) and Tom Cotton (R-Ark.) introduced the Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024, a bipartisan, bicameral bill that would restore the presumption that courts will issue an injunction to stop patent infringers, strengthening protections for U.S. inventors, entrepreneurs, universities, and startups. The House companion bill was introduced by Representatives Nathaniel Moran (R-Texas) and Madeleine Dean (D-Pa.). 

“As our Founding Fathers enshrined in the Constitution, the right to exclude others from making and using a patented invention is the basic foundation of our patent system,” said Senator Coons. “However, having a right to exclude is meaningless when courts do not enforce that right. Under our current system, it is cheaper for large companies to steal patented technologies from our inventors and entrepreneurs than to license those technologies lawfully. The RESTORE Patent Rights Act will give the long-established exclusivity right teeth again to protect innovation and ensure our continued leadership and competitiveness on the global stage.”

“American ingenuity should be rewarded and protected,” said Senator Cotton. “Current patent law fails to protect inventors and leaves them vulnerable to intellectual property theft from adversaries like China. This bipartisan legislation will help solidify America’s edge in technological innovation.”

“Enforceable patents are vital to our ability to invent, improve and advance – yet today, it is increasingly difficult for patent holders to enforce their rights through permanent injunctions, even after proving infringement in court,” said Congresswoman Dean. “The bipartisan, bicameral RESTORE Act addresses this issue and safeguards American innovation. I’m grateful to be joined by Congressman Moran, Senator Coons, and Senator Cotton in our push to protect patentholders, including universities, research laboratories, and startups.”

“American innovation is only as strong as the confidence in knowing ideas cannot be stolen by competitors,” said Congressman Moran. “In the last two decades, innovators have found it harder to obtain a permanent injunction from U.S. courts, which stops bad actors from stealing their intellectual property (IP). Our legislation will restore the rights of American innovators by ensuring permanent injunctions are accessible from U.S. courts. This bill will provide greater certainty in the protection of IP and prevent cases from being taken overseas to countries like China. When U.S. courts enforce the exclusivity of patent rights, America becomes a world leader in innovation.” 

For more than two centuries, courts granted injunctive relief in the majority of patent cases upon a finding of infringement, preventing patent infringers from continuing to produce goods that ran afoul of patent laws. However, this practice was upended in 2006, when the Supreme Court’s decision in eBay v. MercExchange created a four-factor test to determine whether a permanent injunction is warranted in infringement cases, altering the longstanding remedy for patent infringement.

Since that decision, obtaining injunctive relief in patent cases has become significantly more difficult and significantly more rare. A recent study found that requests for permanent injunctions in patent cases fell by 65% for companies that use their patented technology to manufacture a product; grants of permanent injunctions to those companies fell by an even greater amount. Requests and grants for licensing patent owners like universities and research clinics dropped even further: Requests fell by 85% and grants fell by 90%. 

The RESTORE Patent Rights Act would undo the damage of the eBay decision by returning to patent owners a rebuttable presumption that an injunction is warranted after a court makes a final ruling that their rights are being infringed. This would deter predatory infringers and restore meaning to the right to exclude.

In addition to Senators Coons and Cotton and Representatives Moran and Dean, this legislation is cosponsored by Representatives Chip Roy (R-Texas), Hank Johnson (D-Ga.), and Deborah Ross (D-N.C.).

The RESTORE Patent Rights Act is endorsed by the Innovation Alliance, Alliance of U.S. Startups & Inventors for Jobs, Association of University Technology Managers, Council for Innovation Promotion, Americans for Limited Government, Eagle Forum, Market Institute, and Conservatives for Property Rights.

“The inability of inventors to get injunctive relief when their patents are infringed is one of the biggest problems plaguing America’s innovation ecosystem,” said Brian Pomper, Executive Director, Innovation Alliance. “It has allowed Big Tech and other large companies to practice predatory infringement, where they shamelessly steal patented inventions simply because it is cheaper than paying reasonable licensing fees for the technology. Senators Coons and Cotton and Representatives Moran, Dean, Roy, Johnson, and Ross should be applauded for introducing the RESTORE Patent Rights Act, which will stop this patent theft by restoring the right to injunctions in cases of proven patent infringement. This legislation is critical to encouraging private-sector investments in American innovation that support U.S. technological leadership.”

“The Association of University Technology Managers applauds the introduction of the RESTORE Act,” said Stephen J. Susalka, CEO, Association of University Technology Managers. “This legislation will truly give patent holders their full rights to protect their inventions once they have been proven to be valid. For too long, rightful patent holders have not had the chance to protect their inventions adequately, leading to all sorts of economic harm. This legislation returns the law to its correct interpretation in the wake of the ill-conceived eBay v. MercExchange case in 2006.”

“Right now, IP thieves can get away with a slap on the wrist, knowing they’ll likely face only a one-time fee, even if found liable,” said David Kappos, Co-Chair, Council for Innovation Promotion, and former Under Secretary of Commerce for Intellectual Property and U.S. Patent and Trademark Office (USPTO) Director. “The RESTORE Act changes that. The legislation protects inventors’ fundamental right to turn their own groundbreaking ideas into real-world products. We appreciate the introduction of this important legislation by Senators Coons and Cotton, and Representatives Moran, Dean, Roy, and Ross, and look forward to continuing to work with them on this important issue.”

“To lead the world in the technologies of the future, America must first protect its inventions at home,” said Andrei Iancu, Co-Chair, Council for Innovation Promotion, and former Under Secretary of Commerce for Intellectual Property and USPTO Director. “Inventors cannot effectively protect their inventions without the ability to exclude. The RESTORE Act defends American innovation from unlawful infringement, safeguarding our economy and national security.”

“Restoring the presumption of injunctive relief in cases where a court has ruled that a patent has been infringed is, perhaps, the most impactful thing that can be done to empower American inventors, entrepreneurs and startups,” said Chris Israel, Executive Director, Alliance of U.S. Startups & Inventors for Jobs. “Patent law and legislation is often complicated. The RESTORE Act is not. It is a clear and unambiguous bill that simply restores balance between large corporations that ingest others’ IP and the startups and entrepreneurs that invent it.”

“Conservatives for Property Rights strongly supports the RESTORE Patent Rights Act because it returns meaning to the promise of exclusive rights to one’s invention,” James Edwards, Executive Director, Conservatives for Property Rights. “At present, due to misapplication of the 2006 eBay v. MercExchange ruling, permanent injunctions have become extremely difficult to obtain in patent infringement cases. We applaud and thank Senators Chris Coons and Tom Cotton and Representatives Nathaniel Moran and Madeleine Dean for their leadership to right this wrong and to restore the reasonable, commonsense remedy every property owner is due when his or her private property is taken without permission.”

The text of the bill is available here. 

A one-pager is available here.

ICYMI: Senator Coons thanks President Biden for his career of service to Delaware and the nation in new op-ed

WASHINGTON – In case you missed it, U.S. Senator Chris Coons (D-Del.) published an op-ed in The News Journal paying tribute to President Joe Biden’s decades of service, which have been rooted in his home state of Delaware. Senator Coons praised President Biden as a man of faith and family and as a historic leader who has always put country before self.

Senator Coons interned in then-Senator Biden’s office in Washington and now holds his old seat in the Senate. Today, he’s traveling with President Biden to the Lyndon Baines Johnson Presidential Library in Austin, Texas to commemorate the 60th anniversary of the Civil Rights Act.

DNJ: Coons: Joe Biden is a true Delawarean and the most consequential president of my lifetime

Joe is one of the most grounded people I know – grounded in his faith, his family, and yes, our state. At the best moments and the hardest times in his life, he has been at home in Delaware, drawing strength and encouragement from the people who have known him, loved him and shaped him over decades. His values of hard work, commitment to family and a belief in working across the aisle are rooted in the way Delawareans respect and know each other.

…

It’s a chapter that could only be written in Delaware. Part of him will always be the kid with a stutter who grew up in Claymont and graduated from Archmere and the University of Delaware. He learned from his dad’s work selling cars in Wilmington that a job isn’t just a paycheck, but a chance at dignity and self-respect. Worshipping at St. Joseph on the Brandywine has grounded him in his Catholic faith and encouraged him to put Christian teachings of fighting for justice, feeding the hungry and caring for the widow and orphan at the core of his career. 

…

In one term, he has become the most consequential president of my lifetime. When he took office, our nation faced three great crises: a public health crisis sparked by the mishandling of the deadly COVID-19 pandemic; the crippling economic crisis that resulted; and a crisis of democracy sparked by [former President Donald] Trump’s attempt to interfere in the peaceful transition of power through the January 6th attack on the Capitol that he incited.

Read the full op-ed here.