‘‘(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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‘‘(o) REPORTS.—The Attorney General, in coordina-
tion with other relevant Federal agencies, shall submit a 
report to Congress 5 years after the date of enactment 
of this section, and 5 years thereafter, describing trends 
related to prosecutions and civil penalties pursued under 
this section, and recommending any updates to this sec-
tion necessitated by the emergence of new technologies. 
‘‘§ 1042. Deep fakes victim assistance 
‘‘(a) COORDINATOR FOR VIOLATIONS DIRECTED BY 
FOREIGN NATION-STATES.—The Attorney General shall 
designate a coordinator in each United States Attorney’s 
Office to receive reports from the public regarding poten-
tial violations of section 1041 (relating to deep fake depic-
tions produced or distributed by any foreign nation-state, 
or any agent acting on its behalf) and coordinate prosecu-
tions for any violation of such section. 
‘‘(b) COORDINATOR FOR FALSE INTIMATE DEPIC-
TIONS.—The Attorney General shall designate a coordi-
nator in each United States Attorney’s Office to receive 
reports from the public regarding potential violations of 
section 1041 (relating to deep fake depictions of an inti-
mate and sexual nature) and coordinate prosecutions for 
any violation of such section. 
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‘‘(c) PLAN AND GUIDANCE.—On the effective date of 
this Act, the Attorney General shall publish a report con-
taining— 
‘‘(1) a plan to effectuate and enforce section 
1041; 
‘‘(2) a description of the efforts of the Russian 
Federation and the People’s Republic of China, and 
such other states or groups as the Attorney General 
determines appropriate, to use deep fake technology 
to impact elections or public policy debates in the 
United States or other democracies; 
‘‘(3) a description of the impact of intimate and 
sexual deep fakes on women and marginalized com-
munities; and 
‘‘(4) in order to increase the likelihood of such 
prosecutions, official guidance to Federal prosecu-
tors regarding any potential legal concerns that may 
impede such prosecutions absent clarification.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 47 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘1041. Advanced technological false personation record. 
‘‘1042. Deep fakes victim assistance.’’. 
SEC. 3. TRANSPARENCY FACILITATION. 
Any manufacturer of software, who in the course of 
conducting such business produces software, in or affect-
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ing interstate or foreign commerce, which such manufac-
turer reasonably believes, in the context of their intended 
distribution of the product, will be used to produce deep 
fakes, as such term is defined in section 1041 of title 18, 
United States Code, as added by this Act, shall— 
(1) ensure such software has the technical ca-
pability to insert watermarks and disclosures of the 
nature described in such section into such deep 
fakes; and 
(2) include terms of use or other analogous dis-
closures with such software, which require the user 
of such software to affirmatively acknowledge their 
general awareness of their legal obligations under 
this Act. 
SEC. 4. IN REM LITIGATION AGAINST FOREIGN AND UN-
KNOWN DEFENDANTS. 
(a) IN GENERAL.—A living person, or an affiliated 
corporate or other entity substantially connected to such 
living person, exhibited as engaging in falsified material 
activity in an advanced technological false personation 
record, as such term is defined in section 1041 of title 
18, United States Code, as added by section 2 of this Act, 
and subject to parallel exceptions to those enumerated in 
section 1041(j) of such title, may file an in rem civil action 
against an advanced technological false personation 
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record, in the judicial district in which such living person 
or related entity resides, if— 
(1) the creator of such advanced technological 
false personation record is in violation of any provi-
sion in section 1041 of title 18, United States Code, 
as added by section 2 of this Act, for which a pri-
vate remedy is provided; and 
(2) the court finds that such living person or 
related entity— 
(A) is not able to obtain in personam juris-
diction over a person who would have been a 
defendant in a civil action in section 1041 of 
title 18, United States Code, as added by sec-
tion 2 of this Act; or 
(B) through reasonable due diligence was 
not able to find a person who would have been 
a defendant in a civil action under paragraph 
(1) by— 
(i) if practicable, sending a notice of 
the alleged violation and intent to proceed 
under this paragraph to the producer of 
the record; 
(ii) publishing notice of the action as 
the court may direct promptly after filing 
the action; and 
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