S 3813
CLEAR Act
TL;DR
Senator Adam Schiff's CLEAR Act would require anyone using AI to generate or substantially modify content (text, images, audio, video) to disclose that fact and embed machine-readable provenance markers. It targets deepfakes and synthetic media by pushing platforms and content creators to label AI-generated material so consumers know what they're seeing.
How This Might Impact Your Business
Media, entertainment, and marketing agencies producing AI-generated ads, images, or video would need to embed disclosure metadata and visible labels on synthetic content.
Social media platforms and content hosts would face new obligations to preserve provenance data and flag AI-generated uploads to users.
Generative AI vendors (think image generators, voice cloning tools, chatbots producing published content) would need to build watermarking and provenance features into their products.
Political campaigns, PR firms, and news organizations using AI for content creation would need clear internal labeling workflows to avoid liability.
Enforcement would likely sit with the FTC, meaning violations could trigger unfair-practices penalties and consumer complaints.
Small creators and internal business uses (like AI-drafted emails) are typically exempt in similar bills, but commercial published content is squarely in scope.
Bill is still in the Senate Judiciary Committee with no hearing scheduled, so requirements are not yet law but signal where federal policy is heading.
What Should You Do
Inventory every place your company publishes AI-generated or AI-modified content (marketing creative, product images, customer service scripts, social posts) and note whether provenance is tracked.
Ask your gen-AI vendors (OpenAI, Adobe, Runway, ElevenLabs, etc.) about their C2PA or watermarking roadmaps so you understand what tooling you'll inherit.
Have legal and comms draft an internal AI content disclosure policy now; you'll want it ready whether this bill passes or a state version (like California's) hits first.
Assign someone to monitor Senate Judiciary Committee activity on S 3813 and related deepfake bills for movement over the next quarter.
Brief your marketing and PR leads that visible AI labels may become mandatory, so creative concepts should not depend on undisclosed synthetic media.
Who It Affects
Sponsors
Status Timeline
committee
Read twice and referred to the Committee on the Judiciary.
February 10, 2026