Stop Dangerous Deepfakes
Deepfakes have catastrophic impacts on the livelihoods of its victims. From Taylor Swift to 15 year olds in New Jersey, all corners of our community are impacted by this unregulated technology. But we have a chance to create laws that give power back to the user, and give victims a path to justice.
The DEFIANCE Act
The DEFIANCE Act of 2024 creates a federal civil remedy for victims who are identifiable in a “digital forgery,” which is defined as a visual depiction created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means to falsely appear to be authentic. The civil remedy applies to digital forgeries that depict the victim in the nude, or engaged in sexually-explicit conduct or sexual scenarios.
Over 90% of all deepfake videos made are nonconsensual sexually explicit images, and women are the targets 9 times out of 10. The DEFIANCE Act would be the first law to protect victims from nonconsensual deepfakes.
The Preventing Deepfakes of Intimate Images Act
The Preventing Deepfakes of Intimate Images Act would prohibit the non-consensual disclosure of intimate images that have been digitally altered. The bill creates a private right of action for victims to seek relief, along with making such conduct a violation of criminal law.
In addition, the Preventing Deepfakes of Intimate Images Act would:
- Allow a plaintiff in a civil action to preserve anonymity through use of a pseudonym;
- Ensure that an individual’s consent to the creation of the image does not establish consent for the disclosure of the image; and
- Prevent the provider of an interactive computer service from being held liable for any action taken in good faith to restrict access to intimate digital depictions.