I 
118TH CONGRESS 
1ST SESSION H. R. 5586 
To protect national security against the threats posed by deepfake technology 
and to provide legal recourse to victims of harmful deepfakes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 20, 2023 
Ms. CLARKE of New York (for herself and Mr. IVEY) introduced the following 
bill; which was referred to the Committee on the Judiciary, and in addi-
tion to the Committees on Energy and Commerce, and Homeland Secu-
rity, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To protect national security against the threats posed by 
deepfake technology and to provide legal recourse to vic-
tims of harmful deepfakes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Defending Each and 
Every Person from False Appearances by Keeping Exploi-
tation Subject to Accountability Act of 2023’’ or the 
‘‘DEEPFAKES Accountability Act’’. 
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SEC. 2. TRANSPARENCY REQUIREMENTS. 
(a) IN GENERAL.—Chapter 47 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1041. Advanced technological false personation 
record 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(j), any person who, using any means or facility of inter-
state or foreign commerce, produces an advanced techno-
logical false personation record with the intent to dis-
tribute such record over the internet or knowledge that 
such record shall be so distributed, shall ensure such 
record, complies with— 
‘‘(1) the requirement under subsection (b); and 
‘‘(2)(A) in the case of an audiovisual record, 
the disclosure requirements under subsection (c); 
‘‘(B) in the case of a visual record, the disclo-
sure requirements under subsection (d); or 
‘‘(C) in the case of an audio record, the disclo-
sure requirements under subsection (e). 
‘‘(b) CONTENT PROVENANCE.—Any advanced tech-
nological false personation record which contains a moving 
visual element shall contain technologies, such as content 
provenance technologies, that clearly identify such record 
as containing altered audio or visual elements, or as hav-
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ing been entirely created through generative artificial in-
telligence or similar technologies. 
‘‘(c) AUDIOVISUAL
DISCLOSURE.—Any advanced 
technological false personation records containing both an 
audio and a visual element shall include— 
‘‘(1) not less than 1 clearly articulated verbal 
statement that identifies the record as containing al-
tered audio and visual elements, and a concise de-
scription of the extent of such alteration; 
‘‘(2) an unobscured written statement in clearly 
readable text appearing at the bottom of the image 
throughout the duration of the visual element that 
identifies the record as containing altered audio and 
visual elements, and a concise description of the ex-
tent of such alteration; and 
‘‘(3) a link, icon, or similar tool to signal that 
the content has been altered by, or is product of, 
generative artificial intelligence or similar tech-
nology. 
‘‘(d) VISUAL DISCLOSURE.—Any advanced techno-
logical false personation records exclusively containing a 
visual element shall include an unobscured written state-
ment in clearly readable text appearing at the bottom of 
the image throughout the duration of the visual element 
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that identifies the record as containing altered visual ele-
ments, and either— 
‘‘(1) a concise description of the extent of such 
alteration; or 
‘‘(2) a clearly visible link, icon, or similar tool 
to signal that the content has been altered by, or is 
the product of, generative artificial intelligence or 
similar technology. 
‘‘(e) AUDIO DISCLOSURE.—Any advanced techno-
logical false personation records exclusively containing an 
audio element shall include, at the beginning of such 
record, a clearly articulated verbal statement that identi-
fies the record as containing altered audio elements and 
a concise description of the extent of such alteration, and 
in the event such record exceeds two minutes in length, 
not less than 1 additional clearly articulated verbal state-
ment and additional concise description at some interval 
during each two-minute period thereafter. 
‘‘(f) PENALTY.— 
‘‘(1) CRIMINAL PENALTY.— 
‘‘(A) FAILURE
TO
DISCLOSE.—Whoever 
knowingly fails to comply with the requirements 
under subsection (a)— 
‘‘(i) with the intent to humiliate or 
otherwise harass the person falsely exhib-
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ited, provided the advanced technological 
false personation record contains sexual 
content of a visual nature and appears to 
feature such person engaging in such sex-
ual acts or in a state of nudity; 
‘‘(ii) with the intent to cause violence 
or physical harm, incite armed or diplo-
matic conflict, or interfere in an official 
proceeding, including an election, provided 
the 
advanced 
technological 
false 
personation record did in fact pose a cred-
ible threat of instigating or advancing 
such; 
‘‘(iii) in the course of criminal conduct 
related to fraud, including securities fraud 
and wire fraud, false personation, or iden-
tity theft; or 
‘‘(iv) by a foreign power, or an agent 
thereof, with the intent of influencing a do-
mestic public policy debate, interfering in a 
Federal, State, local, or territorial election, 
or engaging in other acts which such power 
may not lawfully undertake; 
shall be fined under this title, imprisoned for 
not more than 5 years, or both. 
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‘‘(B) ALTERING
DISCLOSURES.—Whoever 
knowingly alters an advanced technological false 
personation record to remove or meaningfully 
obscure the disclosures required under sub-
section (a) with the intent to distribute such al-
tered record and— 
‘‘(i) with the intent to humiliate or 
otherwise harass the person falsely exhib-
ited, provided the advanced technological 
false personation record contains sexual 
content of a visual nature and appears to 
feature such person engaging in such sex-
ual acts or in a state of nudity; 
‘‘(ii) with the intent to cause violence 
or physical harm, incite armed or diplo-
matic conflict, or interfere in an official 
proceeding, including an election, provided 
the 
advanced 
technological 
false 
personation record did in fact pose a cred-
ible threat of instigating or advancing 
such; 
‘‘(iii) in the course of criminal conduct 
related to fraud, including securities fraud 
and wire fraud, false personation, or iden-
tity theft; or 
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‘‘(iv) by a foreign power, or an agent 
thereof, with the intent of influencing a do-
mestic public policy debate, interfering in a 
Federal, State, local, or territorial election, 
or engaging in other acts which such power 
may not lawfully undertake; 
shall be fined under this title, imprisoned for 
not more than 5 years, or both. 
‘‘(2) CIVIL PENALTY.— 
‘‘(A) FAILURE TO DISCLOSE.—Any person 
who violates subsection (a) shall be subject to 
a civil penalty of up to $150,000 per record or 
alteration, as well as appropriate injunctive re-
lief. 
‘‘(B) ALTERING DISCLOSURES.—Any per-
son who alters an advanced technological false 
personation record to remove or meaningfully 
obscure the disclosures required under sub-
section (a) with the intent to distribute such al-
tered record shall be subject to a civil penalty 
of up to $150,000 per record or alteration, as 
well as appropriate injunctive relief. 
‘‘(g) PRIVATE RIGHT OF ACTION.— 
‘‘(1) IN GENERAL.—Any person who has been 
exhibited as engaging in falsified material activity in 
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an advanced technological false personation record 
may bring a civil action before the appropriate Fed-
eral district court for damages under paragraph (2) 
and injunctive relief under paragraph (3) against a 
person who violates subsection (a) or alters an ad-
vanced technological false personation record to re-
move or meaningfully obscure the disclosures re-
quired under subsection (a). 
‘‘(2) DAMAGES.—Damages shall consist of the 
greater of— 
‘‘(A) actual damages suffered by the living 
person or the affiliated corporation or entity, 
and any additional substantially derivative prof-
its of the person who violated subsection (a) or 
altered 
an 
advanced 
technological 
false 
personation record to remove or meaningfully 
obscure the disclosures required under sub-
section (a); 
‘‘(B) $50,000 per record, if the living per-
son or affiliated corporation or entity experi-
enced a perceptible individual harm or faced a 
tangible risk of experiencing such harm; 
‘‘(C) $100,000 per record, if the living per-
son or affiliated corporation or entity experi-
enced a perceptible individual harm or faced a 
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tangible risk of experiencing such harm and the 
record purported to depict extreme or out-
rageous conduct by the living person; or 
‘‘(D) $150,000 per record, if the advanced 
technological false personation record contains 
explicit sexual content of a visual nature in-
tended to humiliate or otherwise harass the per-
son falsely depicted as engaging in such sexual 
acts or in a state of nudity. 
‘‘(3) INJUNCTIVE
RELIEF.—Injunctive relief 
under this subsection shall include a requirement to 
comply with subsection (a). 
‘‘(h) PRIVACY PROTECTIONS.— 
‘‘(1) FEDERAL ACTIONS.—In enforcing this sec-
tion, the Attorney General shall, to the extent prac-
ticable, consult with living persons exhibited as en-
gaging in falsified material activity in advanced tech-
nological false personation records regarding meas-
ures the Attorney General can reasonably undertake 
to protect the privacy of such persons and minimize 
additional public viewings of such records. 
‘‘(2) PRIVATE ACTIONS.—A court in which a 
private action is brought under subsection (g) shall 
permit the plaintiff, upon petition, to file the claim 
under seal if the plaintiff can demonstrate a reason-
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able likelihood that the creation of public records re-
garding the advanced technological false personation 
record would result in embarrassing or otherwise 
harmful publicization of the falsified material activ-
ity in an advanced technological false personation 
record. 
‘‘(i) RULES OF CONSTRUCTION.— 
‘‘(1) Nothing in this section shall be interpreted 
as authorizing the production of an advanced tech-
nological false personation record which includes dis-
closures if such record is otherwise prohibited by law 
or regulation. 
‘‘(2) The word ‘advanced’ within the term ‘ad-
vanced technological false personation record’ shall 
not be interpreted as narrowing the definition of 
such term. 
‘‘(3) Nothing in this section shall be interpreted 
as a defense against, or as preempting or limiting, 
any Federal, State, local, or territorial laws, regula-
tions, or policies that prohibit, impose more strin-
gent standards in relation to, or provide additional 
or alternative remedies or damages in relation to, 
the production or distribution of advanced techno-
logical false personation records, deepfakes, or re-
lated content, including criminal and civil laws relat-
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ing to copyright, tortious conduct, and false 
personation. 
‘‘(j) EXCEPTIONS.— 
‘‘(1) DISCLOSURE.—The requirements under 
subsections (c), (d), and (e) shall not apply with re-
spect to any advanced technological false personation 
record— 
‘‘(A) containing alternative disclosures re-
garding the falsity of the exhibited material ac-
tivities which a reasonable person would deem 
to be more prominent than those required 
under subsection (c), (d), or (e), as the case 
may be; 
‘‘(B) during the process of producing such 
record, provided the ultimately distributed 
record is in compliance with such requirements; 
‘‘(C) which primarily contains images or 
sound recordings of actual persons, such as per-
forming artists, and have not been substantially 
digitally modified; 
‘‘(D) created in connection with editing a 
motion picture, television, music, or similar pro-
duction or creating a derivative production 
thereof, the original content of which was cre-
ated prior to the enactment of this section, in 
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which the person appearing provided consent to 
their original appearance; 
‘‘(E) appearing in a context such that a 
reasonable person would not mistake the fal-
sified material activity for actual material activ-
ity of the exhibited living person, such as par-
ody shows or publications, historical reenact-
ments, or fictionalized radio, television, or mo-
tion picture programming; or 
‘‘(F) produced by an officer or employee of 
the United States, or under the authority there-
of, in furtherance of public safety or national 
security. 
‘‘(2) DIGITAL
CONTENT
PROVENANCE.—The 
digital content provenance requirement under sub-
section (b) shall not apply with respect to any class 
of advanced technological false personation records 
which the Attorney General determines by regulation 
should be excluded from such requirement. 
‘‘(k) ADVISORY OPINIONS, WAIVER, AND STAND-
ARDS.— 
‘‘(1) ADVISORY OPINIONS.—The Attorney Gen-
eral shall— 
‘‘(A) establish a process by which any pro-
ducer of audio, visual, or audiovisual content 
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may seek an advisory opinion from the Attorney 
General regarding whether their proposed pro-
duction is required to comply with the require-
ments under this section; 
‘‘(B) respond to a request described in 
subparagraph (A) not later than 30 days after 
the date of submission; and 
‘‘(C) not pursue enforcement action under 
this section against any producer who relied in 
good faith on such an advisory opinion. 
‘‘(2) WAIVER.—The Attorney General is au-
thorized to grant, and shall establish and publish 
procedures to govern the issuance of, waivers from 
any requirements under this section to additional 
categories 
of 
advanced 
technological 
false 
personation records upon petition of any producer 
thereof if such producer can demonstrate that com-
pliance with this section would impede their ability 
to engage in lawful activities protected by the First 
Amendment of the Constitution. 
‘‘(3) DIGITAL CONTENT PROVENANCE STAND-
ARDS.—Not later than 1 year after the date of en-
actment of this section, the Attorney General shall 
issue rules governing the technical specifications of 
the digital content provenance required under sub-
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section (b) which stall include, if such is determined 
appropriate, a requirement for such digital content 
provenance to contain embedded or linked metadata. 
‘‘(l) VENUE.—Any action under this section may be 
brought, in addition to in any district otherwise described 
in section 1391 of title 28, in the district where or the 
person falsely depicted in the advanced technological false 
personation record resides. 
‘‘(m) 
EXTRATERRITORIALITY.—There 
is 
extraterritorial Federal jurisdiction over an offense under 
this section if the defendant or the depicted person is a 
citizen or permanent resident of the United States. 
‘‘(n) DEFINITIONS.— 
‘‘(1) 
ADVANCED
TECHNOLOGICAL
FALSE 
PERSONATION RECORD.—The term ‘advanced tech-
nological false personation record’ means any 
deepfake, which— 
‘‘(A) a reasonable person, having consid-
ered the visual or audio qualities of the record 
and the nature of the distribution channel in 
which the record appears, would believe accu-
rately exhibits— 
‘‘(i) any material activity of a living 
person which such living person did not in 
fact undertake; or 
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‘‘(ii) any material activity of a de-
ceased person which such deceased person 
did not in fact undertake, and the exhi-
bition of which is substantially likely to ei-
ther further a criminal act or result in im-
proper interference in an official pro-
ceeding, a public policy debate, or an elec-
tion; and 
‘‘(B) was produced without the consent of 
such living person, or in the case of a deceased 
person, such person or the heirs thereof. 
‘‘(2) MATERIAL ACTIVITY.—The term ‘material 
activity’ means any speech, conduct, or depiction 
which causes, or a reasonable person would recog-
nize has a tendency to cause perceptible individual 
or 
societal 
harm, 
including 
misrepresentation, 
reputational damage, embarrassment, harassment, 
financial losses, the incitement of violence, the alter-
ation of a public policy debate or election, or the fur-
therance of any unlawful act. 
‘‘(3) DEEPFAKE.—The term ‘deepfake’ means 
any video recording, motion-picture film, sound re-
cording, electronic image, or photograph, or any 
technological representation of speech or conduct 
substantially derivative thereof— 
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