(iii) complying with such other due 
diligence measures the Attorney General 
promulgates through regulation. 
(b) SERVICE OF PROCESS.—The actions under sub-
section (a)(2)(B)(ii) shall constitute service of process. 
(c) JURISDICTION.—In an in rem action under this 
section, an advanced false personation record shall be 
deemed to have its situs in the judicial district in which 
the person falsely depicted as engaging in material activity 
resides. 
(d) REMEDIES.—The remedies in an in rem action 
under this paragraph shall be limited to a court order de-
claring there to be a substantial likelihood that the mate-
rial activity depicted in such advanced technological false 
personation record is false and lacking the watermarks 
and disclosures required under section 1041 of title 18, 
United States Code, as added by section 2 of this Act, 
and as appropriate at the discretion of the court, the for-
feiture by the producer of such advanced technological 
false personation record of profits directly derived from 
the production and distribution of such content. 
(e) ESTOPPEL
AND
ADDITIONAL
REMEDIES.—A 
court order under subsection (d) may not be used for pur-
poses of estoppel in subsequent litigation should the living 
person or related entity bringing suit file additional ac-
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tions under other provisions of law. The in rem action es-
tablished under this Act shall be in addition to any other 
civil action or remedy otherwise applicable and any other 
jurisdiction that otherwise exists, whether in rem or in 
personam. 
(f) FEE WAIVER.—The Federal judiciary shall waive 
all filing fees for actual living persons pursuing private 
relief under this section, if such litigant provides a sworn 
certification that the primary purpose of such filing is 
reputational restoration. 
(g) REGULATIONS.—The Attorney General may pro-
mulgate regulations governing proceedings under this sec-
tion, or otherwise limiting the applicability of this section 
as such is determined necessary. 
SEC. 5. FRAUD AND RELATED ACTIVITY IN CONNECTION 
WITH AUDIOVISUAL AND BIOMETRIC IDEN-
TITY AUTHENTICATION. 
(a) OFFENSE.—Section 1028 of title 18, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘or a 
false identification document’’ and inserting ‘‘a 
false identification document, or a false audio-
visual identification record’’; 
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(B) in paragraph (4), by striking ‘‘or a 
false identification document,’’ and inserting ‘‘a 
false identification document, or a false audio-
visual identification record,’’; and 
(C) in paragraph (5), by striking ‘‘or a 
false identification document’’ and inserting ‘‘a 
false identification document, false audiovisual 
identification record’’; 
(2) in subsection (b)(1), by striking ‘‘or a false 
identification document’’ and inserting ‘‘a false iden-
tification document, or a false audiovisual identifica-
tion record’’; 
(3) in subsection (c)(3)(A), by inserting after 
‘‘a document’’ the following: ‘‘or a false audiovisual 
identification record’’; and 
(4) in subsection (d)— 
(A) in paragraph (1), insert after ‘‘let-
ters,’’ the following: ‘‘biometric indicators’’; 
(B) in paragraph (7), insert after ‘‘other 
unique physical representation’’ the following: 
‘‘including facial dimensions or characteristics, 
or visual imagery or content which appears to 
authentically depict any speech or conduct of a 
person who did not in fact engage in such 
speech or conduct’’; 
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(C) in paragraph (11), strike ‘‘and’’ at the 
end; 
(D) in paragraph (12)(B), strike the pe-
riod at the end and insert ‘‘; and’’; and 
(E) by adding at the end the following: 
‘‘(13) The term ‘false audiovisual identification 
record means’ any ‘deep fake’ which is an ‘advanced 
technological false personation record’, as such 
terms are defined in section 1041, used or attempted 
to be used by a person for the purpose of conducting 
actual activities while assuming the identity of an-
other person without such other person’s consent, 
that— 
‘‘(A) seeks to further any unlawful activity 
that constitutes a violation of Federal law, or 
that constitutes a felony under any applicable 
State, territorial, or local law; 
‘‘(B) depicts obscenity or sexually explicit 
conduct, considering the extent to which the 
record appeals to the prurient interest, is pat-
ently offensive, and lack serious literary, artis-
tic, political, or scientific value; 
‘‘(C) depicts fighting words, which by their 
very utterance, inflict injury or tend to incite an 
immediate breach of the peace; 
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‘‘(D) constitutes a call to imminent lawless 
action, and is likely, whether on its own or col-
lectively in connection with related records, to 
incite or produce such action; and 
‘‘(E) depicts or constitutes other activities 
or speech that the Attorney General determines 
by regulation pose a credible threat to the na-
tional interests of the United States, which, as 
of the date of such regulation, have been deter-
mined by a Federal court to constitute an un-
protected class of speech under the first amend-
ment.’’. 
(b) RULE
OF CONSTRUCTION.—The amendments 
made by subsection (a) may not be interpreted as impos-
ing any limitations on the applicability of section 1028 of 
title 18, United States Code, to any item which was cov-
ered by such section prior to the date of enactment of this 
Act. 
SEC. 6. FALSE PERSONATION. 
(a) IN GENERAL.—Chapter 43 of title 18 of the 
United States Code is amended by adding at the end a 
new section as follows: 
‘‘§ 918. Deep fake false personation generally 
‘‘Section 911 through 917 of this chapter (relating 
to false personation of citizens of the United States, offi-
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