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 deep fake causes harm or is intended to harass, extort, or threaten the depicted individual. It also allows for confidential filings to protect the privacy of plaintiffs and stipulates that consent for the creation or dissemination of deep fakes must be documented in a clear, written agreement.
In addition to civil remedies, 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 result in felony charges with longer prison sentences and higher fines. The legislation also clarifies that it does not impose liability on certain service providers for content created by others and does not limit the ability to pursue other legal actions. Overall, the bill seeks to provide robust protections against the misuse of deep fake technology, particularly in the context of sexual imagery.