DEFIANCE Act of 2024
Latest action · Jul 24, 2024 Held at the desk.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedJan 30, 2024
- Passed SenateJul 23, 2024
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2024 or the DEFIANCE Act of 2024
This bill establishes a civil cause of action for individuals who are the subject of nonconsensual digital forgeries (commonly known as deepfakes) depicting intimate activity or nudity.
Under the bill, digital forgery is any intimate visual depiction of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means that is indistinguishable from an authentic visual depiction of the individual.
Specifically, an identifiable individual who is the subject of a digital forgery may bring a civil action against any person who knowingly produces, distributes, solicits, or possesses with the intent to distribute a digital forgery without the individual's consent.
Current law provides civil remedies, including damages and injunctive relief, for the nonconsensual disclosure of intimate images. This bill makes all relief available for the new cause of action for nonconsensual digital forgeries and expands the relief available for both causes of action. For example, an identifiable individual may recover profits of the defendant that are attributable to the conduct at issue in the claim as part of actual damages.
The bill also establishes a 10-year statute of limitations, but tolls the running of the statute of limitations until the individual learns about the violation or the individual turns 18, whichever occurs later. This applies to both current law related to nonconsensual disclosure of intimate images and the new cause of action for nonconsensual digital forgeries.
Cosponsors 8
Members who signed on, in the order they did. Signatures ran from Jan 30, 2024 to Jul 31, 2024, with 3 there on the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-MN | Amy Klobuchar | Original | Jan 30, 2024 |
| R-MO | Josh Hawley | Original | Jan 30, 2024 |
| R-SC | Lindsey Graham | Original | Jan 30, 2024 |
| I-ME | Angus S. King Jr. | May 1, 2024 | |
| R-UT | Mike Lee | May 1, 2024 | |
| D-NY | Charles E. Schumer | Jun 12, 2024 | |
| D-NM | Martin Heinrich | Jul 24, 2024 | |
| D-VT | Peter Welch | Jul 31, 2024 |
Actions 9
Everything that happened, newest first.
- Jul 24, 2024Held at the desk.
- Jul 24, 2024Message on Senate action sent to the House.
- Jul 24, 2024Received in the House.
- Jul 23, 2024Measure laid before Senate by unanimous consent. (consideration: CR S5318-5319)
- Jul 23, 2024Passed Senate with an amendment by Voice Vote. (text of amendment in the nature of a substitute: CR S5317-5318)
Amendments 1
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| SA 3049 | In the nature of a substitute. | Richard J. Durbin D-ILfor Charles E. Schumer | Amendment SA 3049 agreed to in Senate by Unanimous Consent. |
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 7569 | DEFIANCE Act of 2024 | Identical bill | Mar 6, 2024 |
Subjects
Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.
- Advanced technology and technological innovations
- Assault and harassment offenses
- Civil actions and liability
- Computer security and identity theft
- Computers and information technology
- Crime and Law Enforcement
- Digital media
- Fraud offenses and financial crimes
- Photography and imaging
- Pornography
- Right of privacy
- Sex offenses
Text 2
Each version as it was printed, newest first.
- Jul 23, 2024Engrossed in Senate
- Jan 30, 2024Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.