I 
117TH CONGRESS 
1ST SESSION H. R. 2395 
To combat the spread of disinformation through restrictions on deep-fake 
video alteration technology. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 8, 2021 
Ms. CLARKE of New York (for herself, Ms. ADAMS, Ms. BASS, Mr. 
BUTTERFIELD, 
Mr. 
CARSON, 
Mr. 
CLEAVER, 
Mr. 
COHEN, 
Mr. 
DESAULNIER, Mr. GREEN of Texas, Ms. JACKSON LEE, Ms. JOHNSON 
of Texas, Ms. KELLY of Illinois, Mr. KRISHNAMOORTHI, Ms. KUSTER, 
Mr. LAWSON of Florida, Mr. MALINOWSKI, Mr. MCGOVERN, Ms. MOORE 
of Wisconsin, Ms. NORTON, Ms. PLASKETT, Mr. RUSH, Mr. THOMPSON 
of Mississippi, Mrs. WATSON COLEMAN, and Ms. WILSON of Florida) in-
troduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committees on Energy and Commerce, 
and Homeland Security, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To combat the spread of disinformation through restrictions 
on deep-fake video alteration technology. 
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-
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tation Subject to Accountability Act of 2021’’ or the 
‘‘DEEP FAKES Accountability Act’’. 
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 watermark requirement under sub-
section (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) DIGITAL WATERMARK.—Any advanced techno-
logical false personation record which contains a moving 
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visual element shall contain an embedded digital water-
mark clearly identifying such record as containing altered 
audio or visual elements. 
‘‘(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; and 
‘‘(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. 
‘‘(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 
that identifies the record as containing altered visual ele-
ments, and a concise description of the extent of such al-
teration. 
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‘‘(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 violates subsection (a)— 
‘‘(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 
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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. 
‘‘(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 
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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. 
‘‘(2) CIVIL PENALTY.— 
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‘‘(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 living individual or af-
filiated corporate or other entity who has been exhib-
ited as engaging in falsified material activity in an 
advanced technological false personation record may 
bring a civil action before the appropriate Federal 
district court for damages under paragraph (2) and 
injunctive relief under paragraph (3) against a per-
son who violates subsection (a) or alters an advanced 
technological false personation record to remove or 
meaningfully obscure the disclosures required under 
subsection (a). 
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‘‘(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; 
‘‘(C) $100,000 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 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-
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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 mandated compli-
ance with the requirements described in subsection 
(a). 
‘‘(h) PRIVACY PROTECTIONS.— 
‘‘(1) FEDERAL ACTIONS.—In pursuing criminal 
or civil penalties under this Act, Federal authorities 
shall, to the extent practicable, consult with living 
persons exhibited as engaging in falsified material 
activity in advanced technological false personation 
records regarding measures such authorities can rea-
sonably undertake to protect their privacy and mini-
mize additional public viewings of such records. 
‘‘(2) 
PRIVATE
ACTIONS.—Private 
actions 
brought under subsection (g), upon petition of the 
plaintiff, shall be permitted to be filed under seal if 
such plaintiff can demonstrate a reasonable likeli-
hood that the creation of public records regarding 
the advanced technological false personation record 
would result in embarrassing or otherwise harmful 
publicization of the falsified material activity in an 
advanced technological false personation record. 
‘‘(i) RULES OF CONSTRUCTION.— 
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‘‘(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, deep fakes, or re-
lated content, including criminal and civil laws relat-
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— 
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‘‘(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; 
‘‘(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 Act, in 
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-
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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) WATERMARK.—The watermark require-
ment under subsection (b) shall not apply with re-
spect to any class of advanced technological false 
personation records which the Attorney General de-
termines 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 
may seek an advisory opinion regarding the le-
gality of their proposed production under this 
section; 
‘‘(B) respond to such requests for advice 
not later than 30 days after the date of submis-
sion; and 
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‘‘(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 shall be 
authorized to grant, and shall establish and publish 
procedures to govern the issuance of, waivers from 
any requirements or liabilities under this section to 
additional categories of advanced technological false 
personation records upon petition of any producer 
thereof if such producer can demonstrate compliance 
with this section would impede their ability to en-
gage in otherwise lawful activities protected by the 
First Amendment of the Constitution. 
‘‘(3) WATERMARK STANDARDS.—Not later than 
1 year after the date of enactment of this section, 
the Attorney General shall issue rules governing the 
technical specifications of the digital watermarks re-
quired under subsection (b) which stall include, if 
such is determined appropriate, a requirement for 
such watermarks to contain embedded 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. 
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‘‘(m) EXTRATERRITORIALITY.—There is extraterrito-
rial Federal jurisdiction over an offense under this section 
if the defendant or the depicted person is a citizen or per-
manent resident of the United States. 
‘‘(n) DEFINITIONS.— 
‘‘(1) 
ADVANCED
TECHNOLOGICAL
FALSE 
PERSONATION RECORD.—The term ‘advanced tech-
nological false personation record’ means any deep 
fake, 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 
‘‘(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, public policy debate, or election; 
and 
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‘‘(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 falsified speech, conduct, or de-
piction which causes, or a reasonable person would 
recognize has a tendency to cause perceptible indi-
vidual 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) DEEP FAKE.—The term ‘deep fake’ 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— 
‘‘(A) which appears to authentically depict 
any speech or conduct of a person who did not 
in fact engage in such speech or conduct; and 
‘‘(B) the production of which was substan-
tially dependent upon technical means, rather 
than the ability of another person to physically 
or verbally impersonate such person. 
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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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