,i #aaith ,,congress #ast ,session ,h4 ,r4 #befd ,,in ,,the ,,house ,,of ,,representatives ,april #a1 #bjbe,ms4 ,mace introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to prohibit the production or distribution of digital forgeries of intimate visual depictions of identifiable individuals1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protect ,victims of ,digital ,exploitation and ,manipulation ,act of #bjbe4 #b4 ,digital forgeries of intimate visual depictions 7a7 ,in general ,chapter #hh of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ahjb4 ,prohibition of production or distribution of digital forgeries of intimate visual depictions of identifiable individuals 7a7 ,offense ,except as provided in subsection 7b71 whoever1 in any circumstance described in subsection 7c71 acts with reckless disregard to produce or distribute1 or causes to be produced or distributed1 a digital forgery of an identifiable individual1 without the consent of the identifiable individual1 shall be fined under this title1 imprisoned not more than #e years1 or both4 7b7 ,exceptions 7#a7 ,in general ,this section shall not apply with respect to a distribution made in good faith-- 7,a7 to a law enforcement officer or agency2 7,b7 as part of a legal proceeding2 7,c7 as part of medical education1 diagnosis1 or treatment2 or 7,d7 in the reporting or investigation of-- 7i7 unlawful content2 or 7ii7 unsolicited or unwelcome conduct4 7#b7 ,service providers ,this section shall not apply to any provider of a communications service with regard to content provided by another information content provider unless the provider of the communications service recklessly distributes content in violation of this section4 7c7 ,circumstances described ,for the purposes of subsection 7a71 the circumstances described in this subsection are that the digital forgery is produced or distributed using a means1 channel1 facility1 or instrumentality of interstate or foreign commerce or traveled in or affected interstate or foreign commerce4 7d7 ,extraterritorial application ,this section applies if the individual who has violated subsection 7a7 or the identifiable individual who is a victim of the violation of subsection 7a7 is a national of the ,united ,states 7as such term is defined in section #aja7;a7 of the ,immigration and ,nationality ,act74 7e7 ,definitions ,in this section3 7#a7 ,consent ,the term consent means an affirmative1 conscious1 competent1 and voluntary authorization made by the individual free from force1 fraud1 misrepresentation1 or coercion1 whether or not the individual is a public figure4 7#b7 ,digital forgery ,the term digital forgery means any intimate visual depiction of an individual created through the use of software1 machine learning1 artificial intelligence1 or any other computer-generated means1 including by adapting1 modifying1 manipulating1 or altering an authentic visual depiction1 to appear to a reasonable person to be an authentic visual depiction of the individual4 7#c7 ,identifiable individual ,the term identifiable individual means an individual whose body appears in whole or in part in an intimate visual depiction and who is identifiable by virtue of the person's face1 likeness1 or other distinguishing characteristic1 such as a unique birthmark or other recognizable feature1 or from information displayed in connection with the visual depiction4 7#d7 ,intimate visual depiction ,the term intimate visual depiction means a visual depiction1 as that term is defined in section #bbef7e71 that depicts-- 7,a7 the uncovered genitals1 pubic area1 anus1 or female nipple of an identifiable individual2 7,b7 the display or transfer of bodily sexual fluids-- 7i7 on to 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 7#e7 ,sexually explicit conduct ,the term sexually explicit conduct has the meaning given the term in subparagraph 7,a7 of section #bbef7b74 7#f7 ,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 #aicd1 insofar as the person is acting as a common carrier2 7,b7 an electronic communication service1 as that term is defined in section #beaj2 7,c7 an information service1 as that term is defined in section #c of the ,communications ,act of #aicd2 and 7,d7 an interactive computer service1 as that term is defined in section #bcj7;f7 of the ,communications ,act of #aicd4 7#g7 ,information content provider ,the term information content provider has the meaning given such term in section #bcj7;f7 of the ,communications ,act of #aicd4 4 7b7 ,clerical amendment ,the table of sections for chapter #hh of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ahjb4 ,prohibition of production or distribution of digital forgeries of intimate visual depictions of identifiable individuals4 4 #c4 ,severability ,the provisions of this ,act1 or an amendment made by this ,act1 shall be severable4 ,if any provision of this ,act1 or any application thereof1 is found unconstitutional1 that finding shall not affect any provision or application of the ,act not so adjudicated4