S. 1837, Закон о пресечении откровенных поддельных изображений и монтажа без согласия 2025 года (DEFIANCE Act of 2025)

SUMMARY

Disrupt Explicit Forged Images And Non-Consensual Edits Act of 2025 or the DEFIANCE Act of 2025

This bill expands civil remedies for the nonconsensual disclosure of intimate images (i.e., nonconsensual pornography). The bill also establishes a new federal civil action for nonconsensual conduct involving intimate digital forgeries (i.e., deepfakes). The term intimate digital forgery means any intimate visual depiction of an identifiable individual created using software, machine learning, artificial intelligence, or other computer-generated or technological means that looks authentic.

With respect to the nonconsensual disclosure of intimate images, current law allows an identifiable individual to recover civil remedies, including litigation costs, damages, and injunctive relief. This bill increases the available damages by allowing the individual to recover punitive damages and by including, as part of actual damages, profits of the defendant that are attributable to the conduct at issue.

The bill also allows an identifiable individual who is the subject of an intimate digital forgery to file a federal civil action against anyone who knowingly discloses, produces or possesses with intent to disclose, or solicits and receives the intimate digital forgery without the individual's consent. Under the bill, the identifiable individual may recover the same expanded civil remedies that are available for the nonconsensual disclosure of intimate images.

Finally, the bill establishes a 10-year statute of limitations for filing civil actions involving nonconsensual intimate digital forgeries or nonconsensual disclosure of intimate images. The statute begins to run when the individual discovers the violation or turns 18, whichever is later.

FULL TEXT

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 1837 Engrossed in Senate (ES)]

119th CONGRESS 2d Session S. 1837

AN ACT

To improve rights to relief for individuals affected by non-consensual activities involving intimate digital forgeries, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

This Act may be cited as the ``Disrupt Explicit Forged Images And Non-Consensual Edits Act of 2025'' or the ``DEFIANCE Act of 2025''.

Congress finds the following:

Hundreds of apps are available that can quickly generate digital forgeries without the need for any technical expertise.

(A) may not be able to determine who has created the content; and

(B) do not know how to prevent further disclosure of the intimate digital forgery or how to prevent more forgeries from being made.

(A) harass victims, interfering with their employment, education, reputation, or sense of safety;

or

(B) commit extortion, sexual assault, domestic violence, and other crimes.

(a) Definitions.--Section 1309 of the Consolidated Appropriations

Act, 2022 (15 U.S.C. 6851) is amended--

(A) in paragraph (2), by inserting ``competent,''

after ``conscious,'';

(B) by striking paragraph (3);

(C) by redesignating paragraph (4) as paragraph

(3);

(D) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively;

(E) by inserting after paragraph (3) the following:

``(4) Identifiable individual.--The term `identifiable individual' means an individual whose body appears in whole or in part in an intimate visual depiction or intimate digital forgery and who is identifiable by virtue of the individual's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the intimate visual depiction or intimate digital forgery.

``(5) Intimate digital forgery.-- ``(A) In general.--The term `intimate digital forgery' means any intimate visual depiction of an identifiable individual that-- ``(i) falsely represents, in whole or in part-- ``(I) the identifiable individual;

or ``(II) the conduct or content that makes the visual depiction intimate;

``(ii) is created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual depiction; and ``(iii) is indistinguishable from an authentic visual depiction of the identifiable individual when viewed as a whole by a reasonable person.

``(B) Labels, disclosure, and context.--Any visual depiction described in subparagraph (A) constitutes an intimate digital forgery for purposes of this paragraph regardless of whether a label, information disclosed with the visual depiction, or the context or setting in which the visual depiction is disclosed states or implies that the visual depiction is not authentic.'';

and

(F) in paragraph (6)(A), as so redesignated--

(i) in clause (i), by striking ``or'' at the end;

(ii) in clause (ii)--

(I) in subclause (I), by striking

``individual;'' and inserting

``individual; or''; and

(II) by striking subclause (III);

and

(iii) by adding at the end the following:

``(iii) an identifiable individual engaging in sexually explicit conduct; and''.

(b) Civil Action.--Section 1309(b) of the Consolidated

Appropriations Act, 2022 (15 U.S.C. 6851(b)) is amended--

(A) by striking subparagraph (A) and inserting the following:

``(A) In general.--Except as provided in paragraph

(5)-- ``(i) an identifiable individual whose intimate visual depiction is disclosed, in or affecting interstate or foreign commerce or using any means or facility of interstate or foreign commerce, without the consent of the identifiable individual, where such disclosure was made by a person who knows or recklessly disregards that the identifiable individual has not consented to such disclosure, may bring a civil action against that person in an appropriate district court of the United States for relief as set forth in paragraph (3);

``(ii) an identifiable individual who is the subject of an intimate digital forgery may bring a civil action in an appropriate district court of the United States for relief as set forth in paragraph (3) against any person that knowingly produced or possessed the intimate digital forgery with intent to disclose it, knowingly disclosed the intimate digital forgery, or knowingly solicited and received the intimate digital forgery, if-- ``(I) the identifiable individual did not consent to such production or possession with intent to disclose, disclosure, or solicitation and receipt;

``(II) the person knew or recklessly disregarded that the identifiable individual did not consent to such production or possession with intent to disclose, disclosure, or solicitation and receipt; and ``(III) such production or possession with intent to disclose, disclosure, or solicitation and receipt, is in or affects interstate or foreign commerce or uses any means or facility of interstate or foreign commerce; and ``(iii) an identifiable individual who is the subject of an intimate digital forgery may bring a civil action in an appropriate district court of the United States for relief as set forth in paragraph (3) against any person that knowingly produced the intimate digital forgery if-- ``(I) the identifiable individual did not consent to such production;

``(II) the person knew or recklessly disregarded that the identifiable individual-- ``(aa) did not consent to such production; and ``(bb) was harmed, or was reasonably likely to be harmed, by the production; and ``(III) such production is in or affects interstate or foreign commerce or uses any means or facility of interstate or foreign commerce.''; and

(B) in subparagraph (B)--

(i) in the subparagraph heading, by inserting ``identifiable'' before

``individuals''; and

(ii) by striking ``an individual who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the individual'' and inserting ``an identifiable individual who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the identifiable individual'';

(A) in subparagraph (A)--

(i) by inserting ``identifiable'' before

``individual'';

(ii) by striking ``depiction'' and inserting ``intimate visual depiction or intimate digital forgery''; and

(iii) by striking ``distribution'' and inserting ``disclosure, solicitation, or possession''; and

(B) in subparagraph (B)--

(i) by inserting ``identifiable'' before

``individual'';

(ii) by inserting ``or intimate digital forgery'' after ``depiction'' each place it appears; and

(iii) by inserting ``, solicitation, or possession'' after ``disclosure'';

``(3) Relief.-- ``(A) In general.--In a civil action filed under this section, an identifiable individual may recover-- ``(i) damages as provided under subparagraph (C); and ``(ii) the cost of the action, including reasonable attorney fees and other litigation costs reasonably incurred.

``(B) Punitive damages and other relief.--The court may, in addition to any other relief available at law, award punitive damages or order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to delete, destroy, or cease to display or disclose the intimate visual depiction or intimate digital forgery.

``(C) Damages.--For purposes of subparagraph

(A)(i), the identifiable individual may recover-- ``(i) liquidated damages in the amount of-- ``(I) $150,000; or ``(II) $250,000 if the conduct at issue in the claim was-- ``(aa) committed in relation to actual or attempted sexual assault, stalking, or harassment of the identifiable individual by the defendant; or ``(bb) the direct and proximate cause of actual or attempted sexual assault, stalking, or harassment of the identifiable individual by any person; or ``(ii) actual damages sustained by the individual, which shall include any profits of the defendant that are attributable to the conduct at issue in the claim that are not otherwise taken into account in computing the actual damages.

``(D) Calculation of defendant's profit.--For purposes of subparagraph (C)(ii), to establish the defendant's profits, the identifiable individual shall be required to present proof only of the gross revenue of the defendant, and the defendant shall be required to prove the deductible expenses of the defendant and the elements of profit attributable to factors other than the conduct at issue in the claim.

``(4) Preservation of privacy.--In a civil action filed under this section, the court may issue an order to protect the privacy of a plaintiff, including by-- ``(A) permitting the plaintiff to use a pseudonym;

``(B) requiring the parties to redact the personal identifying information of the plaintiff from any public filing, or to file such documents under seal;

and ``(C) issuing a protective order for purposes of discovery, which may include an order indicating that any intimate visual depiction or intimate digital forgery shall remain in the care, custody, and control of the court.'';

(A) by striking ``image'' and inserting ``visual depiction or intimate digital forgery''; and

(B) by striking ``depicted'' and inserting

``identifiable''; and

``(6) Statute of limitations.--Any action commenced under this section shall be barred unless the complaint is filed not later than 10 years from the later of-- ``(A) the date on which the identifiable individual reasonably discovers the violation that forms the basis for the claim; or ``(B) the date on which the identifiable individual reaches 18 years of age.

``(7) Duplicative recovery barred.--No relief may be ordered under paragraph (3) against a person who is subject to a judgment under section 2255 of title 18, United States Code, for the same conduct involving the same identifiable individual and the same intimate visual depiction or intimate digital forgery.''.

(c) Continued Applicability of Federal, State, and Tribal Law.--

Appropriations Act, 2022 (15 U.S.C. 6851(a)), as amended by this Act, that is at least as protective of the rights of a victim as this Act.

(a) Severability.--If any provision of this Act, an amendment made by this Act, or the application of such a provision or amendment to any person or circumstance, is held to be unconstitutional, the remaining provisions of and amendments made by this Act, and the application of the provision or amendment held to be unconstitutional to any other person or circumstance, shall not be affected thereby. (b) Rule of Construction.--Nothing in this Act, or an amendment made by this Act, shall be construed to limit or expand any law pertaining to intellectual property.

Passed the Senate January 13, 2026.

Attest:

Secretary. 119th CONGRESS

2d Session

S. 1837

AN ACT

To improve rights to relief for individuals affected by non-consensual activities involving intimate digital forgeries, and for other purposes.