material, restore the removed material to the 
network of the provider for access by members 
of the public without monetary liability therefor 
to either the notice sender or the end user that 
uploaded the material to which the provider had 
removed or disabled access. 
(f) SUBPOENA TO IDENTIFY VIOLATOR.— 
(1) REQUEST.—A right holder, an individual or 
entity authorized to act on behalf of a right holder, 
or an eligible plaintiff under subsection (e)(1) may 
request the clerk of any district court of the United 
States to issue a subpoena to a provider of an online 
service for identification of an alleged violator of this 
section in accordance with this subsection. 
(2) CONTENTS OF REQUEST.—A request under 
paragraph (1) may be made by filing with the 
clerk— 
(A) a copy of a notification described in 
subsection (d)(3); 
(B) a proposed subpoena; and 
(C) a sworn declaration to the effect 
that— 
(i) the purpose of the subpoena is to 
obtain the identity of an individual or enti-
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ty alleged to be liable under subsection (c); 
and 
(ii) the information described in 
clause (i) will only be used for the purpose 
of protecting rights under this section. 
(3) CONTENTS
OF
SUBPOENA.—A subpoena 
issued under this subsection shall authorize and 
order the provider of the applicable online service to 
expeditiously disclose to the party that sought the 
subpoena information sufficient to identify the al-
leged violator by virtue of the activity described in 
the notification to the extent that information is 
available to the provider of the online service. 
(4) BASIS
FOR
GRANTING
SUBPOENA.—If a 
proposed subpoena under this subsection is in proper 
form, the applicable notification filed satisfies the re-
quirements under subsection (d)(3), and the accom-
panying declaration is properly executed, the clerk 
shall expeditiously issue and sign the proposed sub-
poena and return the subpoena to the requester for 
delivery to the provider of the applicable online serv-
ice. 
(g) PREEMPTION.— 
(1) IN GENERAL.—The rights established under 
this Act shall preempt any cause of action under 
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State law for the protection of an individual’s voice 
and visual likeness rights in connection with a dig-
ital replica, as defined in this Act, in an expressive 
work. 
(2) 
RULE
OF
CONSTRUCTION.—Notwith-
standing paragraph (1), nothing in this Act may be 
construed to preempt— 
(A) causes of action under State statutes 
or common law in existence, as of January 2, 
2025, regarding a digital replica; 
(B) causes of action under State statutes 
specifically regulating a digital replica depicting 
sexually explicit conduct, as defined in section 
2256(2)(A) of title 18, United States Code, or 
an election-related digital replica; or 
(C) causes of action under State statutes 
or common law in existence, as of January 2, 
2025, for the distributing, importing, transmit-
ting, or otherwise making available to the public 
a product or service capable of producing 1 or 
more digital replicas. 
(h) RULES OF CONSTRUCTION.— 
(1) LAWS
PERTAINING
TO
INTELLECTUAL 
PROPERTY.—This section shall be considered to be a 
law pertaining to intellectual property for the pur-
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poses of section 230(e)(2) of the Communications 
Act of 1934 (47 U.S.C. 230(e)(2)). 
(2) NO
DUTY
TO
MONITOR.—Except as ex-
pressly provided in subsection (d)(1)(B)(ii), nothing 
in this section may be construed to require the pro-
vider of an online service to— 
(A) monitor the online service for, or af-
firmatively seek facts about, any digital replica; 
or 
(B) gain access to material. 
(i) SEVERABILITY.—If any provision of this section, 
or the application of a provision of this section, is held 
to be invalid, the validity of the remainder of this section, 
and the application of that provision to other individuals, 
entities, and circumstances, shall not be affected by that 
holding. 
(j) RETROACTIVE EFFECT.— 
(1) LIABILITIES.—Liability under this section 
shall apply only to— 
(A) conduct occurring after the date of en-
actment of this Act; and 
(B) in the case of conduct covered by a li-
cense or contract, a license or contract that is 
executed after the date of enactment of this 
Act. 
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(2) DIGITAL REPLICATION RIGHT.—The right 
granted under subsection (b)— 
(A) shall apply to any individual, regard-
less of whether the individual dies before or 
after the date of enactment of this Act; and 
(B) in the case of a right holder who has 
died before the date of enactment of this Act, 
shall vest in the executors, heirs, assigns, or 
devisees of the right holder. 
(k) EFFECTIVE DATE.—This Act shall take effect on 
the date that is 180 days after the date of enactment of 
this Act. 
Æ 
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