,i  #aaith ,,congress  #b;d ,session    
,h4 ,r4 #iaee  ,,in ,,the ,,house ,,of  
,,representatives  ,june #d1 #bjbf,ms4  
,mc,clellan 7for herself and ,mr4       
,moran7 introduced the following bill2  
which was referred to the ,committee on 
the ,judiciary  ,a ,,bill  ,to establish
 a private right of action against a    
person who transmits unsolicited        
intimate visual depictions4  #a4 ,short 
title ,this ,act may be cited as the    
,curbing ,online ,non-consensual        
,sexually ,explicit ,nudity ,transfers  
,act or the ,,consent ,act4  #b4        
,transmission of unsolicited intimate   
visual depictions  7a7 ,definitions ,in 
this section3  7#a7 ,consent ,the term  
consent means an affirmative1 conscious1
 and voluntary authorization made by an 
individual free from force1 fraud1      
duress1 misrepresentation1 or coercion4 
7#b7 ,intimate digital forgery ,the term
 intimate digital forgery means any     
intimate visual depiction of an         
identifiable individual that--  7,a7    

falsely represents1 in whole or in      
part-- 7i7 the identifiable individual2 
or  7ii7 the conduct or content that    
makes the intimate visual depiction     
intimate2  7,b7 is 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 
intimate visual depiction2 and  7,c7 is 
indistinguishable from an authentic     
intimate visual depiction of the        
identifiable individual when viewed as a
 whole by a reasonable person4  7#c7    
,intimate visual depiction ,the term    
intimate visual depiction--  7,a7 has   
the meaning given the term in section   
#acji of the ,consolidated              
,appropriations ,act1 #bjbb 7#ae        
,u4,s4,c4 #fhea72 and  7,b7 includes an 
intimate digital forgery4  7#d7         
,transmit ,the term transmit1 with      
respect to a depiction-- 7,a7 means to  
send the depiction directly to #a or    

more individuals2 and  7,b7 does not    
include publishing the depiction4  7b7  
,civil action  7#a7 ,right of action    
7,a7 ,prohibited transmissions ,if an   
individual #ah years of age or older1 or
 any person that is not an individual1  
7referred to in this subparagraph as the
 sender7 knowingly transmits to an      
individual 7referred to in this         
subparagraph as the recipient7 an       
intimate visual depiction1 in or        
affecting interstate or foreign commerce
 or using any means or facility of      
interstate or foreign commerce1 without 
the consent of the recipient1 knowing   
that1 or recklessly disregarding        
whether1 the recipient has not provided 
consent to receive the intimate visual  
depiction1 the recipient may bring a    
civil action against the sender in an   
appropriate district court of the       
,united ,states for relief under        
paragraph 7#b74  7,b7 ,rights on behalf 
of certain individuals ,if an individual
 who receives an intimate visual        

depiction as described in subparagraph  
7,a7 is under #ah years of age1         
incompetent1 or incapacitated1 a legal  
guardian of the individual may bring a  
civil action under that subparagraph on 
behalf of the individual4  7,c7 ,privacy
 protection for minors  7i7 ,in general 
,if a civil action is brought under     
subparagraph 7,a7 on behalf of an       
individual who is a minor when the      
complaint is filed or by an individual  
who was a minor when the acts giving    
rise to the civil action took place1 the
 plaintiff may elect to use the         
plaintiff's initials or a pseudonym in  
all filings with the court4  7ii7       
,requirement ,if a plaintiff elects to  
proceed using the plaintiff's initials  
or a pseudonym under clause 7i71 the    
court and each other party to the action
 shall use the plaintiff's initials or a
 pseudonym in-- 7,i7 any order1 filing1 
or other such document2 and  7,,ii7 any 
proceeding that is transcribed by a     
court reporter4  7,d7 ,exceptions ,a    

civil action under subparagraph 7,a7 may
 not be brought against a person who    
transmits an intimate visual depiction  
for a good faith medical1 educational1  
or law enforcement purpose4  7#b7       
,relief ,in a civil action brought under
 paragraph 7#a71 an individual may      
obtain-- 7,a7 either--  7i7 statutory   
damages of not more than #a1jjj2 or     
7ii7 compensatory damages for emotional 
distress2  7,b7 reasonable attorney fees
 and costs2 and  7,c7 a temporary       
restraining order1 a preliminary        
injunction1 or a permanent injunction   
ordering the defendant to cease         
transmitting intimate visual depictions 
to the plaintiff without consent4  7#c7 
,relation to criminal laws ,nothing in  
this subsection shall be construed to   
modify1 impair1 or supersede any        
provision of criminal law4  7c7 ,rule of
 construction ,nothing in this section  
shall be construed or applied so as to  
abridge the exercise of rights          
guaranteed under the ,first ,amendment  

to the ,constitution of the ,united     
,states4  7d7 ,severability ,if any     
provision of this section1 or the       
application of such provision to any    
person or circumstance1 is held to be   
unconstitutional1 the remainder of this 
section1 and the application of the     
provision to any other person or        
circumstance1 shall not be affected4