The United States Senate voted unanimously on Thursday to pass a first-of-its-kind bill allowing victims of deepfake porn to “sue anyone who knowingly creates, receives, or distributes non-consensual, sexually explicit content made with artificial intelligence” that uses their likeness. The legislation, known as the Disrupt Explicit Forged Images and Non-Consensual Edits (DEFIANCE) Act, does not currently allow for criminal prosecution of perpetrators, but it marks an important step forward for federal oversight and civil recourse for victims.
The DEFIANCE Act was introduced by Senate Judiciary Chair Dick Durbin (D-IL) and Sen. Lindsay Graham (R-SC). The bill defines a deepfake 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” that “depict the victim in the nude, or engaged in sexually-explicit conduct or sexual scenarios.”
Under the bill, those targeted by deepfakes will have 10 years to file suit against those responsible.
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The House version of the legislation is being sponsored by Rep. Alexandria Ocasio-Cortez, who has herself been a target of multiple deepfakes.
“Today marks an important step in the fight to protect survivors of nonconsensual deepfake pornography. Over 90% of all deepfake videos made are nonconsensual sexually explicit images, and women are the targets 9 times out of 10,” Ocasio-Cortez said in a statement. “The DEFIANCE Act would guarantee federal protections for survivors of nonconsensual deepfake pornography for the first time, granting the right to take civil action against individuals who knowingly produce, distribute, or receive nonconsensual sexually-explicit digital forgeries.”
We just got one BIG step closer to protecting victims of nonconsensual deepfake pornography.
The DEFIANCE Act just passed the Senate, 100-0.
Thank you @SenatorDurbin for your partnership and to my GOP colleagues for their good faith support of this bill.https://t.co/ID9MQLrcZI
— Alexandria Ocasio-Cortez (@AOC) July 25, 2024
Connor Walcott is a staff writer for Valuetainment.com. Follow Connor on X and look for him on VT’s “The Unusual Suspects.”
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