HOUSE DOCKET, NO. 1503 FILED ON: 2/9/2021
HOUSE . . . . . . . . . . . . . . . No.
The Commonwealth of Massachusetts
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PRESENTED BY:
Jay D. Livingstone
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to protect against deep fakes used to facilitate criminal or torturous conduct.
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PETITION OF:
NAME: DISTRICT/ADDRESS: DATE ADDED:
Jay D. Livingstone 8th Suffolk 2/9/2021
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 HOUSE DOCKET, NO. 1503 FILED ON: 2/9/2021
HOUSE . . . . . . . . . . . . . . . No.
[Pin Slip]
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3366 OF 2019-2020.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Second General Court
(2021-2022)
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An Act to protect against deep fakes used to facilitate criminal or torturous conduct.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 266 of the General Laws is hereby amended by inserting after
2 section 37E the following section:-
3 Section 37E 1/2. (a)As used in this section, the following words shall have the following
4 meaning unless the context clearly requires otherwise:
5 “Audiovisual record,” any audio or visual media in an electronic format and includes any
6 photograph, motion-picture film, video recording, electronic image, or sound recording.
7 “Deep fake”, an audiovisual record created or altered in a manner that the record would
8 falsely appear to a reasonable observer to be an authentic record of the actual speech or conduct
9 of an individual.
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10 (b) Whoever (1), creates, with the intent to distribute, a deep fake and with the intent that
11 the distribution of the deep fake would facilitate criminal or tortious conduct, or (2) distributes an
12 audiovisual record with actual knowledge that the audiovisual record is a deep fake and with the
13 intent that the distribution of the audiovisual record would facilitate criminal or tortious conduct
14 shall be guilty of the crime of identity fraud and shall be punished by a fine of not more than
15 $5,000 or imprisonment in a house of correction for not more than two and one-half years, or by
16 both such fine and imprisonment. No person shall be held liable under this section for any
17 activity protected by the Massachusetts Constitution or by the First Amendment to the
18 Constitution of the United States.
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