,,ii #aahth ,,congress #b;d ,session ,s4 #cfif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #cj1 #bjbd,mr4 ,durbin 7for himself1 ,mr4 ,graham1 ,mr4 ,hawley1 and ,ms4 ,klobuchar7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to improve rights to relief for individuals affected by non-consensual activities involving intimate digital forgeries1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,disrupt ,explicit ,forged ,images ,and ,non-,consensual ,edits ,act of #bjbd or the ,,defiance ,act of #bjbd4 #b4 ,civil action relating to disclosure of intimate images 7a7 ,definitions ,section #acji7;a7 of the ,consolidated ,appropriations ,act1 #bjbb 7#ae ,u4,s4,c4 #fhea7;a77 is amended-- 7#a7 in paragraph 7#b71 by inserting competent1 after conscious12 7#b7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#f7 and 7#g71 respectively2 7#c7 by redesignating paragraph 7#c7 as paragraph 7#e72 7#d7 by inserting after paragraph 7#b7 the following3 7#c7 ,digital forgery ,the term digital forgery means any intimate visual depiction of an identifiable individual created through the use of software1 machine learning1 artificial intelligence1 or any other computer-generated or technological means1 including by adapting1 modifying1 manipulating1 or altering an authentic visual depiction1 to appear to a reasonable person to be indistinguishable from an authentic visual depiction of the individual1 regardless of whether the visual depiction indicates1 through a label or some other form of information published with the visual depiction1 that the visual depiction is not authentic4 2 7#e7 in paragraph 7#e71 as so redesignated-- 7,a7 by striking 7#e7 ,depicted and inserting 7#e7 ,identifiable2 and 7,b7 by striking depicted individual and inserting identifiable individual2 and 7#f7 in paragraph 7#f77;,a71 as so redesignated-- 7,a7 in clause 7i71 by striking 2 or and inserting a semicolon2 7,b7 in clause 7ii7-- 7i7 in subclause 7,i71 by striking individual2 and inserting individual2 or2 and 7ii7 by striking subclause 7,,iii72 and 7,c7 by adding at the end the following3 7iii7 an identifiable individual engaging in sexually explicit conduct2 and 4 7b7 ,civil action ,section #acji7;b7 of the ,consolidated ,appropriations ,act1 #bjbb 7#ae ,u4,s4,c4 #fhea7;b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking paragraph 7,a7 and inserting the following3 7,a7 ,in general ,except as provided in paragraph 7#e7-- 7i7 an identifiable individual whose intimate visual depiction is disclosed1 in or affecting interstate or foreign commerce or using any means or facility of interstate or foreign commerce1 without the consent of the identifiable individual1 where such disclosure was made by a person who knows or recklessly disregards that the identifiable individual has not consented to such disclosure1 may bring a civil action against that person in an appropriate district court of the ,united ,states for relief as set forth in paragraph 7#c72 7ii7 an identifiable individual who is the subject of a digital forgery may bring a civil action in an appropriate district court of the ,united ,states for relief as set forth in paragraph 7#c7 against any person that knowingly produced or possessed the digital forgery with intent to disclose it1 or knowingly disclosed or solicited the digital forgery1 if-- 7,i7 the identifiable individual did not consent to such production1 disclosure1 solicitation1 or possession2 7,,ii7 the person knew or recklessly disregarded that the identifiable individual did not consent to such production1 disclosure1 solicitation1 or possession2 and 7,,iii7 such production1 disclosure1 solicitation1 or possession is in or affects interstate or foreign commerce or uses any means or facility of interstate or foreign commerce2 and 7iii7 an identifiable individual who is the subject of a digital forgery may bring a civil action in an appropriate district court of the ,united ,states for relief as set forth in paragraph 7#c7 against any person that knowingly produced the digital forgery if-- 7,i7 the identifiable individual did not consent to such production2 7,,ii7 the person knew or recklessly disregarded that the identifiable individual did not consent to such production2 and 7,,iii7 such production is in or affects interstate or foreign commerce or uses any means or facility of interstate or foreign commerce4 2 and 7,b7 in subparagraph 7,b7-- 7i7 in the heading1 by inserting identifiable before individuals2 and 7ii7 by striking an individual who is under #ah years of age1 incompetent1 incapacitated1 or deceased1 the legal guardian of the individual and inserting an identifiable individual who is under #ah years of age1 incompetent1 incapacitated1 or deceased1 the legal guardian of the identifiable individual2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a7-- 7i7 by inserting identifiable before individual2 7ii7 by striking depiction and inserting intimate visual depiction or digital forgery2 and 7iii7 by striking distribution and inserting disclosure1 solicitation1 or possession2 and 7,b7 in subparagraph 7,b7-- 7i7 by inserting identifiable before individual2 7ii7 by inserting or digital forgery after each place the term depiction appears2 and 7iii7 by inserting 1 solicitation1 or possession after disclosure2 7#c7 by redesignating paragraph 7#d7 as paragraph 7#e72 7#d7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,relief ,in a civil action filed under this section-- 7,a7 an identifiable individual may recover the actual damages sustained by the individual or liquidated damages in the amount of #aej1jjj1 and the cost of the action1 including reasonable attorney's fees and other litigation costs reasonably incurred2 and 7,b7 the court may1 in addition to any other relief available at law1 order equitable relief1 including a temporary restraining order1 a preliminary injunction1 or a permanent injunction ordering the defendant to cease display or disclosure of the intimate visual depiction or digital forgery4 7#d7 ,preservation of privacy ,in a civil action filed under this section1 the court may issue an order to protect the privacy of a plaintiff1 including by-- 7,a7 permitting the plaintiff to use a pseudonym2 7,b7 requiring the parties to redact the personal identifying information of the plaintiff from any public filing1 or to file such documents under seal2 and 7,c7 issuing a protective order for purposes of discovery1 which may include an order indicating that any intimate visual depiction or digital forgery shall remain in the care1 custody1 and control of the court4 2 7#e7 in paragraph 7#e77;,a71 as so redesignated-- 7,a7 by striking image and inserting visual depiction or digital forgery2 and 7,b7 by striking depicted and inserting identifiable2 and 7#f7 by adding at the end the following3 7#f7 ,statute of limitations ,any action commenced under this section shall be barred unless the complaint is filed not later than #aj years from the later of-- 7,a7 the date on which the identifiable individual reasonably discovers the violation that forms the basis for the claim2 or 7,b7 the date on which the identifiable individual reaches #ah years of age4 7#g7 ,duplicative recovery barred ,no relief may be ordered under paragraph 7#c7 against a person who is subject to a judgment under section #bbee of title #ah1 ,united ,states ,code1 for the same conduct involving the same identifiable individual and the same intimate visual depiction or digital forgery4 4 7c7 ,continued applicability of ,federal1 ,state1 and ,tribal law 7#a7 ,in general ,this ,act shall not be construed to impair1 supersede1 or limit a provision of ,federal1 ,state1 or ,tribal law4 7#b7 ,no preemption ,nothing in this ,act shall prohibit a ,state or ,tribal government from adopting and enforcing a provision of law governing nonconsensual activity involving a digital forgery1 as defined in section #acji7;a7 of the ,consolidated ,appropriations ,act1 #bjbb 7#ae ,u4,s4,c4 #fhea7;a771 as amended by this ,act1 that is at least as protective of the rights of a victim as this ,act4 #c4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such a provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remaining provisions of and amendments made by this ,act1 and the application of the provision or amendment held to be unconstitutional to any other person or circumstance1 shall not be affected thereby4