,,ii #aahth ,,congress #b;d ,session ,s4 #ddji ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bc1 #bjbd,ms4 ,hassan 7for herself1 ,mr4 ,cornyn1 ,ms4 ,butler1 and ,mr4 ,king7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to prohibit the disclosure of intimate digital depictions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,preventing ,deepfakes of ,intimate ,images ,act4 #b4 ,civil action relating to disclosure of intimate digital depictions ,section #acji of the ,violence ,against ,women ,act ,reauthorization ,act of #bjbb 7#ae ,u4,s4,c4 #fhea7 is amended-- 7#a7 in the heading1 by striking images and inserting depictions2 7#b7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#b71 7#c71 7#d71 7#e71 and 7#f7 as paragraphs 7#c71 7#e71 7#f71 7#i71 and 7#aj71 respectively2 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,communications service ,the term communications service means-- 7,a7 a service provided by a person that is a common carrier1 as that term is defined in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec71 insofar as the person is acting as a common carrier2 7,b7 an electronic communication service1 as that term is defined in section #beaj of title #ah1 ,united ,states ,code2 7,c7 an information service1 as that term is defined in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec72 and 7,d7 an interactive computer service1 as that term is defined in section #bcj7;f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f774 2 7,c7 by inserting after paragraph 7#c71 as so redesignated1 the following3 7#d7 ,covered intimate depiction ,the term covered intimate depiction means an intimate visual depiction or an intimate digital depiction4 2 7,d7 in paragraph 7#e71 as so redesignated-- 7i7 by striking means and inserting the following-- 7,a7 with respect to an intimate visual depiction1 means 2 7ii7 by striking in an intimate visual depiction and inserting in the intimate visual depiction2 7iii7 by striking the visual depiction and inserting the intimate visual depiction2 7iv7 by striking the period at the end and inserting 2 and2 and 7v7 by adding at the end the following3 7,b7 with respect to an intimate digital depiction1 means an individual who1 as a result of digitization or by means of digital manipulation1 appears in whole or in part in the intimate digital depiction and who is identifiable by virtue of the individual's face1 likeness1 or other distinguishing characteristic1 such as a unique birthmark or other recognizable feature1 or from information displayed in connection with the intimate digital depiction4 2 7,e7 by inserting after paragraph 7#f71 as so redesignated1 the following3 7#g7 ,information content provider ,the term information content provider has the meaning given the term in section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj74 7#h7 ,intimate digital depiction ,the term intimate digital depiction means a realistic visual depiction1 as that term is defined in section #bbef7e7 of title #ah1 ,united ,states ,code1 of an individual that has been created or altered using digitization or digital manipulation and that depicts-- 7,a7 the uncovered genitals1 pubic area1 anus1 or postpubescent female nipple of an identifiable individual2 7,b7 the display or transfer of bodily sexual fluids-- 7i7 onto any part of the body of an identifiable individual2 or 7ii7 from the body of an identifiable individual2 or 7,c7 an identifiable individual engaging in sexually explicit conduct4 2 and 7,f7 in paragraph 7#i71 as so redesignated-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i71 by striking or at the end2 7,,ii7 in clause 7ii77,i71 by adding or at the end2 7,,iii7 by redesignating subclause 7,,iii7 of clause 7ii7 as clause 7iii7 and adjusting the margin accordingly2 and 7,,iv7 in clause 7iii71 as so redesignated1 by striking conduct and and inserting conduct2 and2 and 7ii7 in subparagraph 7,b77ii71 by inserting give before consent2 and 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by inserting after whose intimate visual depiction is disclosed1 the following3 or who is the subject of an intimate digital depiction that is disclosed12 and 7,,ii7 by striking consented and inserting given consent2 and 7ii7 in subparagraph 7,b7-- 7,i7 by striking an individual and inserting a depicted individual2 7,,ii7 by striking the individual and inserting the depicted individual2 7,,iii7 by striking identifiable individual's and inserting depicted individual's2 and 7,,iv7 by striking identifiable individual's' and inserting depicted individual's2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking consented each place it appears and inserting gave consent2 7,,ii7 by inserting covered intimate before depiction2 and 7,,iii7 by striking distribution2 and and inserting disclosure22 7ii7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 7iii7 by inserting after subparagraph 7,a7 the following3 7,b7 consent shall be deemed validly given only if it is set forth in an agreement that-- 7i7 is written in plain language signed knowingly and voluntarily by the depicted individual2 and 7ii7 includes a general description of the covered intimate depiction and1 if applicable1 the audiovisual work into which it will be incorporated2 and 2 and 7iv7 in subparagraph 7,c71 as so redesignated-- 7,i7 by striking intimate visual each place it appears and inserting covered intimate2 and 7,,ii7 by striking person consented and inserting individual gave consent2 7,c7 in paragraph 7#c77;,a7-- 7i7 by striking clause 7i7 and inserting the following3 7i7 an individual may recover-- 7,i7 an amount equal to the monetary gain made by the defendant from the disclosure of the covered intimate depiction2 7,,ii7 either-- 7aa7 the actual damages sustained by the individual as a result of the disclosure of the covered intimate depiction1 including damages for emotional distress2 or 7bb7 liquidated damages in the amount of #aej1jjj2 7,,iii7 punitive damages2 and 7,,iv7 the cost of the action1 including reasonable attorney fees and other litigation costs reasonably incurred2 and 2 and 7ii7 in clause 7ii71 by striking visual2 7,d7 in paragraph 7#d7-- 7i7 in the matter preceding subparagraph 7,a71 by striking ,an identifiable individual and inserting ,a depicted individual2 7ii7 in subparagraph 7,a71 by striking an intimate image and inserting a covered intimate depiction2 7iii7 in subparagraph 7,c71 by striking public concern or public interest and inserting legitimate public concern or public interest1 except that it shall not be considered a matter of legitimate public interest or public concern solely because the depicted individual is a public figure2 and 7iv7 in subparagraph 7,d71 by striking identifiable individual and inserting depicted individual2 and 7,e7 by adding at the end the following3 7#e7 ,in camera ,a court may authorize an in camera proceeding under this subsection4 7#f7 ,disclaimers ,it shall not be a defense to an action under this subsection that there is a disclaimer stating that the covered intimate depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material4 7#g7 ,limitations ,for purposes of this subsection1 a provider of a communications service shall not be held liable on account of-- 7,a7 any action voluntarily taken in good faith to restrict access to or availability of a covered intimate depiction2 or 7,b7 any action taken to enable or make available to information content providers or other persons the technical means to restrict access to a covered intimate depiction4 4 #c4 ,criminal action 7a7 ,in general ,chapter #aaj of title #ah1 ,united ,states ,code1 is amended by inserting after section #bbeb;,c the following3 #bbeb;,d4 ,disclosure of intimate digital depictions 7a7 ,definitions 7#a7 ,definitions of terms defined in civil action statute ,in this section1 the terms communications service1 consent1 depicted individual1 disclose1 information content provider1 and sexually explicit conduct have the meanings given those terms in section #acji of the ,violence ,against ,women ,act ,reauthorization ,act of #bjbb 7#ae ,u4,s4,c4 #fhea74 7#b7 ,other terms ,in this section3 7,a7 ,covered digital depiction ,the term covered digital depiction means-- 7i7 an intimate digital depiction2 or 7ii7 a digital depiction of a nude minor4 7,b7 ,digital depiction of a nude minor ,the term digital depiction of a nude minor means any digital visual depiction 7as that term is defined in section #bbef7e77-- 7i7 of an individual who-- 7,i7 is recognizable by an individual other than the depicted individual from the visual depiction itself or information or text displayed in connection with the visual depiction2 and 7,,ii7 was under #ah years of age when the visual depiction was created2 and 7ii7 in which the anus1 genitals1 or pubic area1 or post-pubescent female nipple1 of the depicted individual are unclothed1 visible1 and displayed in a manner that does not constitute sexually explicit conduct4 7,c7 ,intimate digital depiction ,the term intimate digital depiction has the meaning given the term in section #acji of the ,violence ,against ,women ,act ,reauthorization ,act of #bjbb 7#ae ,u4,s4,c4 #fhea71 except that it only includes such a depiction of an individual who was not less than #ah years of age when the depiction was created4 7b7 ,offenses 7#a7 ,intimate digital depictions ,except as provided in paragraph 7#c71 it shall be unlawful to knowingly disclose or threaten to disclose1 through the mail or using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce1 an intimate digital depiction of an individual-- 7,a7 with knowledge of1 or reckless disregard for1 the lack of consent of the depicted individual to the disclosure of the intimate digital depiction2 7,b7 with knowledge of1 or reckless disregard for1 the lack of consent of the depicted individual to the creation of the intimate digital depiction2 7,c7 with intent to harass1 annoy1 threaten1 alarm1 or cause substantial harm to the finances or reputation of the depicted individual2 or 7,d7 with actual knowledge that1 or reckless disregard for whether1 the disclosure or threatened disclosure will cause physical1 emotional1 reputational1 or economic harm to the depicted individual4 7#b7 ,digital depictions of nude minors ,except as provided in paragraph 7#c71 it shall be unlawful to knowingly mail1 or to knowingly distribute using any means or facility of interstate or foreign commerce or affecting interstate or foreign commerce1 a digital depiction of a nude minor with intent to abuse1 humiliate1 harass1 or degrade the minor1 or to arouse or gratify the sexual desire of any person4 7#c7 ,exceptions 7,a7 ,law enforcement1 lawful reporting1 and other legal proceedings ,paragraphs 7#a7 and 7#b7-- 7i7 do not prohibit any lawfully authorized investigative1 protective1 or intelligence activity of a law enforcement agency of the ,united ,states1 a ,state1 or a political subdivision of a ,state1 or of an intelligence agency of the ,united ,states2 7ii7 shall not apply in the case of an individual acting in good faith to report unlawful or unsolicited activity or in pursuance of a legal or professional or other lawful obligation2 and 7iii7 shall not apply in the case of a good faith and relevant document production or filing associated with a legal proceeding4 7,b7 ,service providers ,paragraphs 7#a7 and 7#b7 shall not apply to any provider of a communications service with regard to content provided by another information content provider1 unless-- 7i7 in the case of an intimate digital depiction1 the provider of the communications service distributes the intimate digital depiction with knowledge of the lack of consent of the depicted individual2 or 7ii7 in the case of a digital depiction of a nude minor1 the provider of the communications service knowingly distributes the digital depiction of a nude minor4 7,c7 ,matters of public concern ,paragraphs 7#a7 and 7#b7 shall not apply with respect to a covered digital depiction that is a matter of public concern4 7,d7 ,support for victims ,paragraphs 7#a7 and 7#b7 shall not apply to the distribution of a covered digital depiction if the distribution is made reasonably and in good faith to-- 7i7 seek support or help with respect to the unsolicited receipt of the covered digital depiction2 or 7ii7 assist the depicted individual4 7c7 ,penalties 7#a7 ,fine and imprisonment ,any person who violates subsection 7b7 shall be-- 7,a7 fined under this title1 imprisoned for not more than #b years1 or both2 or 7,b7 fined under this title1 imprisoned for not more than #aj years1 or both1 in the case of a violation in which the disclosure or threatened disclosure of the covered digital depiction could be reasonably expected to-- 7i7 affect the conduct of any administrative1 legislative1 or judicial proceeding of a ,federal1 ,state1 local1 or ,tribal government agency1 including the administration of an election or the conduct of foreign relations2 or 7ii7 facilitate violence4 7#b7 ,forfeiture 7,a7 ,in general ,the court1 in imposing a sentence on any person convicted of a violation of subsection 7b71 shall order1 in addition to any other sentence imposed and irrespective of any provision of ,state law1 that the person forfeit to the ,united ,states-- 7i7 any material distributed in violation of that subsection2 7ii7 the person's interest in property1 real or personal1 constituting or derived from any gross proceeds of the violation1 or any property traceable to such property1 obtained or retained directly or indirectly as a result of the violation2 and 7iii7 any property1 real or personal1 used or intended to be used to commit or facilitate the commission of the violation4 7,b7 ,procedures ,section #dac of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hec71 with the exception of subsections 7a7 and 7d71 shall apply to the criminal forfeiture of property under subparagraph 7,a7 of this paragraph4 7#c7 ,restitution ,section #bbfd shall apply to an offense under subsection 7b7 of this section in the same manner as such section #bbfd applies to an offense under chapter #aaj;,a4 7d7 ,disclaimers ,it shall not be a defense to a prosecution under this section that there is a disclaimer stating that the covered digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material4 7e7 ,limitations ,for purposes of this section1 a provider of a communications service shall not be held liable on account of-- 7#a7 any action voluntarily taken in good faith to restrict access to or availability of a covered digital depiction2 or 7#b7 any action taken to enable or make available to an information content provider or another person the technical means to restrict access to a covered digital depiction4 4 7b7 ,clerical amendment ,the table of sections for chapter #aaj of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #bbeb;,c the following3 #bbeb;,d4 ,disclosure of intimate digital depictions4 4