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118th Congress Crime and Law Enforcement

S. 3696: DEFIANCE Act of 2024

Passed SenateJul 23, 2024

  1. Introduced (completed)Jan 30, 2024
  2. Passed Senate (completed)Jul 23, 2024
  3. Passed House (not reached)
  4. To the President (not reached)
  5. Became law (not reached)

Summary

Passed Senate, Jul 23, 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.

Read the full summary

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.

Written by the Congressional Research Service, Library of Congress.

Roll calls

0 votes on this bill

No roll call votes have been held on this bill.

Amendments

1 offered

Showing 1 of 1 amendments

  • S.Amdt. 3049Richard Durbin D-ILAgreedJul 23, 2024Jul 23, 2024: Amendment SA 3049 agreed to in Senate by Unanimous Consent.

Cosponsors

8

Bipartisan support.

Who scored on this bill

114 points earned
  1. 1Richard Durbin D-IL SponsorDrew cross-party cosponsors, introduced, discharged, passed Senate; 1 amendment offered, 1 agreed6 events+82
  2. 2Lindsey Graham R-SCCosponsored; cosponsored bill passed2 events+4
  3. 2Joshua Hawley R-MOCosponsored; cosponsored bill passed2 events+4
  4. 2Martin Heinrich D-NMCosponsored; cosponsored bill passed2 events+4
  5. 2Angus King I-MECosponsored; cosponsored bill passed2 events+4
See all scorers and every scoring event

Introductions and cosponsorships count toward weekly caps and show no points.

Other bills by Richard Durbin

History

  1. Jul 23, 2024Passed the Senate with an amendment by voice vote.
  2. Jan 30, 2024Introduced in the Senate by Richard Durbin.
Show the full action history (9 actions)
  1. Jul 24, 2024Message on Senate action sent to the House.
  2. Jul 24, 2024Received in the House.
  3. Jul 24, 2024Held at the desk.
  4. Jul 23, 2024Senate Committee on the Judiciary discharged by Unanimous Consent.
  5. Jul 23, 2024Measure laid before Senate by unanimous consent. (consideration: CR S5318-5319)
  6. Jul 23, 2024Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.
  7. Jul 23, 2024Passed Senate with an amendment by Voice Vote. (text of amendment in the nature of a substitute: CR S5317-5318)
  8. Jan 30, 2024Introduced in Senate
  9. Jan 30, 2024Read twice and referred to the Committee on the Judiciary.