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 
the 
advanced 
technological 
false 
personation record did in fact pose a cred-
ible threat of instigating or advancing 
such; 
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‘‘(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 
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; 
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‘‘(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.— 
‘‘(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 
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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). 
‘‘(2) DAMAGES.—Damages shall consist of the 
greater of— 
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‘‘(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-
son falsely depicted as engaging in such sexual 
acts or in a state of nudity. 
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‘‘(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.— 
‘‘(1) Nothing in this section shall be interpreted 
as authorizing the production of an advanced tech-
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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— 
‘‘(A) containing alternative disclosures re-
garding the falsity of the exhibited material ac-
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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-
ments, or fictionalized radio, television, or mo-
tion picture programming; or 
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‘‘(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 
‘‘(C) not pursue enforcement action under 
this section against any producer who relied in 
good faith on such an advisory opinion. 
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‘‘(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. 
‘‘(m) EXTRATERRITORIALITY.—There is extraterrito-
rial Federal jurisdiction over an offense under this section 
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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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