#aaith ,,congress #b;d ,session ,s4 #ahcg ,,an ,,act ,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 #bjbe or the ,,defiance ,act of #bjbe4 #b4 ,findings ,congress finds the following3 7#a7 ,digital forgeries1 often called deepfakes1 are synthetic images and videos that look realistic4 ,the technology to create digital forgeries is now ubiquitous and easy to use4 ,hundreds of apps are available that can quickly generate digital forgeries without the need for any technical expertise4 7#b7 ,digital forgeries can be wholly fictitious but can also manipulate images of real people to depict sexually intimate conduct that did not occur4 ,for example1 some digital forgeries will paste the face of an individual onto the body of a real or fictitious individual who is nude or who is engaging in sexual activity4 ,another example is a photograph of an individual that is manipulated to digitally remove the clothing of the individual so that the person appears to be nude4 7#c7 ,the individuals depicted in such digital forgeries are profoundly harmed when the content is produced with intent to disclose1 disclosed1 or obtained without the consent of those individuals4 ,these harms are not mitigated through labels or other information that indicates that the depiction is fake4 7#d7 ,it can be destabilizing to victims whenever those victims are depicted in intimate digital forgeries against their will1 as the privacy of those victims is violated and the victims lose control over their likeness and identity4 7#e7 ,victims can feel helpless because the victims-- 7,a7 may not be able to determine who has created the content2 and 7,b7 do not know how to prevent further disclosure of the intimate digital forgery or how to prevent more forgeries from being made4 7#f7 ,victims may be fearful of being in public out of concern that individuals the victims encounter have seen the digital forgeries4 ,this leads to social rupture through the loss of the ability to trust1 stigmatization1 and isolation4 7#g7 ,victims of non-consensual1 sexually intimate digital forgeries may experience depression1 anxiety1 and suicidal ideation4 ,these victims may also experience the silencing effect in which the victims withdraw from online spaces and public discourse to avoid further abuse4 7#h7 ,digital forgeries are often used to-- 7,a7 harass victims1 interfering with their employment1 education1 reputation1 or sense of safety2 or 7,b7 commit extortion1 sexual assault1 domestic violence1 and other crimes4 7#i7 ,because of the harms caused by non-consensual1 sexually intimate digital forgeries1 such digital forgeries are considered to be a form of image-based sexual abuse4 #c4 ,civil action relating to disclosure of intimate images 7a7 ,definitions ,section #acji of the ,consolidated ,appropriations ,act1 #bjbb 7#ae ,u4,s4,c4 #fhea7 is amended-- 7#a7 in the section heading1 by inserting or nonconsensual activity involving digital forgeries after intimate images2 and 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by inserting competent1 after conscious12 7,b7 by striking paragraph 7#c72 7,c7 by redesignating paragraph 7#d7 as paragraph 7#c72 7,d7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#f7 and 7#g71 respectively2 7,e7 by inserting after paragraph 7#c7 the following3 7#d7 ,identifiable individual ,the term identifiable individual means an individual whose body appears in whole or in part in an intimate visual depiction or intimate digital forgery 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 visual depiction or intimate digital forgery4 7#e7 ,intimate digital forgery 7,a7 ,in general ,the term intimate digital forgery means any intimate visual depiction of an identifiable individual that-- 7i7 falsely represents1 in whole or in part-- 7,i7 the identifiable individual2 or 7,,ii7 the conduct or content that makes the visual depiction intimate2 7ii7 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 visual depiction2 and 7iii7 is indistinguishable from an authentic visual depiction of the identifiable individual when viewed as a whole by a reasonable person4 7,b7 ,labels1 disclosure1 and context ,any visual depiction described in subparagraph 7,a7 constitutes an intimate digital forgery for purposes of this paragraph regardless of whether a label1 information disclosed with the visual depiction1 or the context or setting in which the visual depiction is disclosed states or implies that the visual depiction is not authentic4 2 and 7,f7 in paragraph 7#f77;,a71 as so redesignated-- 7i7 in clause 7i71 by striking or at the end2 7ii7 in clause 7ii7-- 7,i7 in subclause 7,i71 by striking individual2 and inserting individual2 or2 and 7,,ii7 by striking subclause 7,,iii72 and 7iii7 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 subparagraph 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 an intimate 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 intimate digital forgery with intent to disclose it1 knowingly disclosed the intimate digital forgery1 or knowingly solicited and received the intimate digital forgery1 if-- 7,i7 the identifiable individual did not consent to such production or possession with intent to disclose1 disclosure1 or solicitation and receipt2 7,,ii7 the person knew or recklessly disregarded that the identifiable individual did not consent to such production or possession with intent to disclose1 disclosure1 or solicitation and receipt2 and 7,,iii7 such production or possession with intent to disclose1 disclosure1 or solicitation and receipt1 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 an intimate 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 intimate 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-- 7aa7 did not consent to such production2 and 7bb7 was harmed1 or was reasonably likely to be harmed1 by the 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 subparagraph 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 intimate 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 intimate digital forgery after depiction each place it 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 7,a7 ,in general ,in a civil action filed under this section1 an identifiable individual may recover-- 7i7 damages as provided under subparagraph 7,c72 and 7ii7 the cost of the action1 including reasonable attorney fees and other litigation costs reasonably incurred4 7,b7 ,punitive damages and other relief ,the court may1 in addition to any other relief available at law1 award punitive damages or order equitable relief1 including a temporary restraining order1 a preliminary injunction1 or a permanent injunction ordering the defendant to delete1 destroy1 or cease to display or disclose the intimate visual depiction or intimate digital forgery4 7,c7 ,damages ,for purposes of subparagraph 7,a77i71 the identifiable individual may recover-- 7i7 liquidated damages in the amount of-- 7,i7 #aej1jjj2 or 7,,ii7 #bej1jjj if the conduct at issue in the claim was-- 7aa7 committed in relation to actual or attempted sexual assault1 stalking1 or harassment of the identifiable individual by the defendant2 or 7bb7 the direct and proximate cause of actual or attempted sexual assault1 stalking1 or harassment of the identifiable individual by any person2 or 7ii7 actual damages sustained by the individual1 which shall include any profits of the defendant that are attributable to the conduct at issue in the claim that are not otherwise taken into account in computing the actual damages4 7,d7 ,calculation of defendant's profit ,for purposes of subparagraph 7,c77ii71 to establish the defendant's profits1 the identifiable individual shall be required to present proof only of the gross revenue of the defendant1 and the defendant shall be required to prove the deductible expenses of the defendant and the elements of profit attributable to factors other than the conduct at issue in the claim4 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 intimate 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 intimate 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 intimate 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 disclosure of intimate images or nonconsensual activity involving an intimate 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 #d4 ,severability2 rule of construction 7a7 ,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 7b7 ,rule of construction ,nothing in this ,act1 or an amendment made by this ,act1 shall be construed to limit or expand any law pertaining to intellectual property4 ,passed the ,senate ,january #ac1 #bjbf4,secretary