Preventing Deepfakes of Intimate Images Act

Subjects: Crime and Law Enforcement


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3106 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3106

  To prohibit the disclosure of intimate digital depictions, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2023

 Mr. Morelle (for himself and Ms. Ross) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To prohibit the disclosure of intimate digital depictions, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Deepfakes of Intimate 
Images Act''.

SEC. 2. INTIMATE DIGITAL DEPICTIONS.

    The Violence Against Women Act Reauthorization Act of 2022 is 
amended by inserting after section 1309 the following:

``SEC. 1309A. DISCLOSURE OF INTIMATE DIGITAL DEPICTIONS.

    ``(a) Definitions.--In this section:
            ``(1) Consent.--The term `consent' has the meaning given 
        such term in section 1309.
            ``(2) Depicted individual.--The term `depicted individual' 
        means an individual who, as a result of digitization or by 
        means of digital manipulation, appears in whole or in part in 
        an intimate digital depiction and who is identifiable by virtue 
        of the person's face, likeness, or other distinguishing 
        characteristic, such as a unique birthmark or other 
        recognizable feature, or from information displayed in 
        connection with the digital depiction.
            ``(3) Digital depiction.--The term `digital depiction' 
        means a realistic visual depiction, as that term is defined in 
        section 2256(5) of title 18, United States Code, of an 
        individual that has been created or altered using digital 
        manipulation.
            ``(4) Disclose.--The term `disclose' has the meaning given 
        such term in section 1309.
            ``(5) Intimate digital depiction.--The term `intimate 
        digital depiction' means a digital depiction of an individual 
        that has been created or altered using digital manipulation and 
        that depicts--
                    ``(A) the uncovered genitals, pubic area, anus, or 
                postpubescent female nipple of an identifiable 
                individual;
                    ``(B) the display or transfer of bodily sexual 
                fluids--
                            ``(i) onto any part of the body of an 
                        identifiable individual; or
                            ``(ii) from the body of an identifiable 
                        individual; or
                    ``(C) an identifiable individual engaging in 
                sexually explicit conduct.
            ``(6) Sexually explicit conduct.--The term `sexually 
        explicit conduct' has the meaning given the term in 
        subparagraphs (A) and (B) of section 2256(2) of title 18, 
        United States Code.
    ``(b) Right of Action.--
            ``(1) In general.--Except as provided in subsection (e), an 
        individual who is the subject of an intimate digital depiction 
        that is disclosed, in or affecting interstate or foreign 
        commerce or using any means or facility of interstate or 
        foreign commerce, without the consent of the individual, where 
        such disclosure was made by a person who knows that, or 
        recklessly disregards whether, the individual has not consented 
        to such disclosure, may bring a civil action against that 
        person in an appropriate district court of the United States 
        for relief as set forth in subsection (d).
            ``(2) Rights on behalf of certain individuals.--In the case 
        of an individual who have not attained 18 years of age or are 
        incompetent, incapacitated, or deceased, the legal guardian of 
        the individual or representative of the individual's estate, 
        another family member, or any other person appointed as 
        suitable by the court, may assume the individual's rights under 
        this section, but in no event shall the defendant be named as 
        such representative or guardian.
    ``(c) Consent.--For purposes of an action under subsection (b)--
            ``(1) an individual's consent to the creation of the 
        intimate digital depiction shall not establish that the person 
        consented to its disclosure; and
            ``(2) consent shall be deemed validly given only if--
                    ``(A) it is set forth in an agreement written in 
                plain language signed knowingly and voluntarily by the 
                depicted individual; and
                    ``(B) it includes a general description of the 
                intimate digital depiction and, if applicable, the 
                audiovisual work into which it will be incorporated.
    ``(d) Relief.--
            ``(1) In general.--
                    ``(A) Damages.--In a civil action filed under this 
                section, an individual may recover any of the 
                following:
                            ``(i) An amount equal to the monetary gain 
                        made by the defendant from the creation, 
                        development, or disclosure of the intimate 
                        digital depiction.
                            ``(ii) Either of the following:
                                    ``(I) The actual damages sustained 
                                by the individual as a result of the 
                                intimate digital depiction, including 
                                damages for emotional distress.
                                    ``(II) Liquidated damages in the 
                                amount of $150,000.
                            ``(iii) Punitive damages.
                            ``(iv) The cost of the action, including 
                        reasonable attorney's fees and other litigation 
                        costs reasonably incurred.
                    ``(B) Equitable relief.--In a civil action filed 
                under this section, a court may, in addition to any 
                other relief available at law, order equitable relief, 
                including a temporary restraining order, a preliminary 
                injunction, or a permanent injunction ordering the 
                defendant to cease display or disclosure of the 
                intimate digital depiction.
            ``(2) Preservation of anonymity.--In ordering relief under 
        this subsection, the court may grant injunctive relief 
        maintaining the confidentiality of a plaintiff using a 
        pseudonym.
    ``(e) Exceptions.--An identifiable individual may not bring an 
action for relief under this section relating to--
            ``(1) a disclosure made in good faith--
                    ``(A) to or by a law enforcement officer or agency 
                in the course of reporting or investigating--
                            ``(i) unlawful activity; or
                            ``(ii) unsolicited or unwelcome conduct; or
                    ``(B) as part of a legal proceeding;
            ``(2) a matter of legitimate public concern or public 
        interest, except that it shall not be considered a matter of 
        legitimate public interest or public concern solely because the 
        depicted individual is a public figure; or
            ``(3) a disclosure reasonably intended to assist the 
        identifiable individual.
    ``(f) In Camera.--A court may authorize an in camera proceeding 
under this section.
    ``(g) Disclaimers.--It shall not be a defense to an action under 
this section that there is a disclaimer stating that the intimate 
digital depiction of the depicted individual was unauthorized or that 
the depicted individual did not participate in the creation or 
development of the material.
    ``(h) Limitations.--For purposes of this section, a provider of an 
interactive computer service shall not be held liable on account of--
            ``(1) any action voluntarily taken in good faith to 
        restrict access to or availability of intimate digital 
        depictions; or
            ``(2) any action taken to enable or make available to 
        information content providers or other persons the technical 
        means to restrict access to intimate digital depictions.''.

SEC. 3. CRIMINAL ACTION.

    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended by inserting after section 2252C the following:
``Sec. 2252D. Intimate digital depictions
    ``(a) Offense.--Whoever, in or affecting interstate or foreign 
commerce, discloses or threatens to disclose an intimate digital 
depiction--
            ``(1) with the intent to harass, annoy, threaten, alarm, or 
        cause substantial harm to the finances or reputation of the 
        depicted individual; or
            ``(2) with actual knowledge that, or reckless disregard for 
        whether, such disclosure or threatened disclosure will cause 
        physical, emotional, reputational, or economic harm to the 
        depicted individual,
shall be punished as provided under subsection (b).
    ``(b) Penalty.--Any person who commits an offense under subsection 
(a) shall be--
            ``(1) fined under this title, imprisoned for not more than 
        2 years, or both; or
            ``(2) fined under this title, imprisoned for not more than 
        10 years, or both, in the case of a violation in which the 
        creation, reproduction, or distribution of the intimate digital 
        depiction could be reasonably expected to--
                    ``(A) affect the conduct of any administrative, 
                legislative, or judicial proceeding of a Federal, 
                State, local, or Tribal government agency, including 
                the administration of an election or the conduct of 
                foreign relations; or
                    ``(B) facilitate violence.
    ``(c) Disclaimers.--It shall not be a defense to an action under 
this section that there is a disclaimer stating that the intimate 
digital depiction of the depicted individual was unauthorized or that 
the depicted individual did not participate in the creation or 
development of the material.
    ``(d) Limitations.--For purposes of this section, a provider of an 
interactive computer service shall not be held liable on account of--
            ``(1) any action voluntarily taken in good faith to 
        restrict access to or availability of intimate digital 
        depictions; or
            ``(2) any action taken to enable or make available to 
        information content providers or other persons the technical 
        means to restrict access to intimate digital depictions.
    ``(e) Definitions.--In this section:
            ``(1) Consent.--The term `consent' has the meaning given 
        such term in section 1309 of the Violence Against Women Act 
        Reauthorization Act of 2022.
            ``(2) Depicted individual.--The term `depicted individual' 
        means an individual who, as a result of digitization or by 
        means of digital manipulation, appears in whole or in part in 
        an intimate digital depiction and who is identifiable by virtue 
        of the person's face, likeness, or other distinguishing 
        characteristic, such as a unique birthmark or other 
        recognizable feature, or from information displayed in 
        connection with the digital depiction.
            ``(3) Digital depiction.--The term `digital depiction' 
        means a realistic visual depiction, as that term is defined in 
        section 2256(5), of an individual that has been created or 
        altered using digital manipulation.
            ``(4) Disclose.--The term `disclose' has the meaning given 
        such term in section 1309 of the Violence Against Women Act 
        Reauthorization Act of 2022.
            ``(5) Intimate digital depiction.--The term `intimate 
        digital depiction' means a digital depiction of an individual 
        that has been created or altered using digital manipulation and 
        that depicts--
                    ``(A) the uncovered genitals, pubic area, anus, or 
                postpubescent female nipple of an identifiable 
                individual;
                    ``(B) the display or transfer of bodily sexual 
                fluids--
                            ``(i) onto any part of the body of an 
                        identifiable individual; or
                            ``(ii) from the body of an identifiable 
                        individual; or
                    ``(C) an identifiable individual engaging in 
                sexually explicit conduct.
            ``(6) Sexually explicit conduct.--The term `sexually 
        explicit conduct' has the meaning given the term in 
        subparagraphs (A) and (B) of section 2256(2).''.
    (b) Clerical Amendment.--The table of sections for chapter 110 of 
title 18, United States Code is amended by inserting after the item 
relating to section 2252C the following new item:

``2252D. Intimate digital depictions.''.
                                 &lt;all&gt;
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