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The Disrupt Explicit Forged Images and Non-Consensual Edits (DEFIANCE) Act, the Anti-Deepfake Porn bill passed unanimously in the Senate today. Sen. Dick Durbin (D-Ill.) and Sen. Lindsey Graham (R-S.C.) introduced the bill, while Rep. Alexandria Ocasio-Cortez (D-N.Y.) sponsored it in the House.
The legislation allows victims to sue anyone who knowingly creates, receives, or distributes non-consensual, sexually explicit content made with artificial intelligence. Victims have a ten-year statute of limitations to pursue their case.
According to Mashable, the bill is one of the first to address the damages caused by AI, which is currently a self-regulated industry. It doesn’t allow for criminal prosecution, but hopefully, it’s a first step towards more federal oversight. The initial iteration of the bill was blocked back in June. However, it was amended to include a “findings” section and narrowed the definition of the term “digital forgery.” The bill also included other clarifications, such as updating the available damages so victims get proper compensation.
As AI tools become more powerful, there’s been an uptick in deepfakes, particularly with sexually explicit content, most often targeting women from all walks of life as well as young girls.
“Current laws don’t apply to deepfakes, leaving women and girls who suffer from this image-based sexual abuse without a legal remedy,” Sen. Durbin posted on X after the Defiance Act passed the Senate. “It’s time to give victims their day in court and the tools they need to fight back.”
This issue resonates with Rep. Ocasio-Cortez as she’s been a victim of several deepfakes. The outspoken politician spoke out about her personal trauma to Rolling Stone.
“There’s a shock to seeing images of yourself that someone could think are real. As a survivor of physical sexual assault, it adds a level of dysregulation,” she said.
In a statement released today, she stated, “Today marks an important step in the fight to protect survivors of nonconsensual deepfake pornography. Over 90% of all deepfake videos made are nonconsensual sexually explicit images, and women are the targets 9 times out of 10. The DEFIANCE Act would guarantee federal protections for survivors of nonconsensual deepfake pornography for the first time, granting the right to take civil action against individuals who knowingly produce, distribute, or receive nonconsensual sexually-explicit digital forgeries.”
