The proposed bill, titled the "Protection from Intimate Deep Fakes Act," aims to establish civil liability and criminal penalties for the nonconsensual creation or dissemination of deep fake sexual images. It defines a "deep fake" as a realistic technological representation that misrepresents an individual's speech or conduct, and outlines the rights of depicted individuals to take legal action against those who create or distribute such content without consent. The bill specifies that a civil action can be initiated if the creator knew or should have known that their actions would cause harm to the depicted individual, and it provides for various forms of damages, including economic losses and mental anguish.
Additionally, the bill establishes criminal penalties for individuals who intentionally create or disseminate deep fakes under certain conditions, with misdemeanors punishable by up to one year in prison and fines, while more severe violations could lead to felony charges with longer prison sentences and higher fines. The legislation also clarifies that consent to the creation or dissemination of a deep fake must be documented in a specific manner to be considered valid. Importantly, the bill protects certain entities, such as internet service providers, from liability for the transmission of content created by others. Overall, the bill seeks to provide legal recourse for victims of deep fake exploitation while balancing the rights of creators in specific lawful contexts.