Durbin Applauds Senate Passage Of His Bipartisan Bill To Tackle Nonconsensual, Sexually-Explicit Deepfakes

WASHINGTON – U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, applauded Senate passage of his bipartisan Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2024 (DEFIANCE Act), legislation that will hold accountable those responsible for the proliferation of nonconsensual, sexually-explicit “deepfake” images and videos.

“Countless apps that can create deepfakes are often advertised as harmless entertainment. But when they’re used to create and spread deepfake nudes without the victim’s consent, the harms are very real. Current laws don’t apply to deepfakes, blatantly disregarding the trauma of women and girls victimized by this shameful crime. It’s time to give victims their day in court and the tools they need to fight back, and I urge my House colleagues to pass this bill expeditiously,” said Durbin.

In addition to Durbin, the legislation was introduced in the Senate by U.S. Senator Lindsey Graham (R-SC), Ranking Member of the Senate Judiciary Committee, and U.S. Senators Amy Klobuchar (D-MN) and Josh Hawley (R-MO). Additionally, the bill is cosponsored by U.S. Senators Chuck Schumer (D-NY), Angus King (I-ME), Mike Lee (R-UT), and Martin Heinrich (D-NM).

“I was glad to have been part of a bipartisan effort to deal with the growing problem of nonconsensual, sexually explicit deepfakes. Americans, particularly young women, are being exploited by this technology, which shows them in compromising, obscene situations without their consent. The DEFIANCE Act would provide civil recourse for the victims of these terrible crimes and I’m pleased it passed the Senate. I will continue to work on legislation that addresses the widespread harms occurring online. I hope there will be more to come on social media reform,” said Graham.

“Explicit AI-generated images and videos are being used to harass and undermine the reputation of Americans from all walks of life. The harm these deepfakes inflict on people is genuine and must not be tolerated. This bipartisan legislation will allow victims to seek the justice they deserve and hold perpetrators accountable,” said Klobuchar.

“The Senate has finally acted to stop exploitative AI pornography. Now it’s the House’s turn. When Americans find themselves victims of grotesque harassment and abuse, they should be able to hold the perpetrators accountable,” said Hawley.

The bill is supported by the Sexual Violence Prevention Association, the National Organization for Women, the National Center on Sexual Exploitation, the National Women’s Law Center, the National Network to End Domestic Violence, My Image My Choice, PACT, Rights4Girls, the Center for Democracy and Technology, the Software & Information Industry Association, ACT | The App Association, The Internet and Competitive Networks Association, Raven, and others.

"The Sexual Violence Prevention Association (SVPA) has spoken to victims across the country. Victims of deepfake pornography face an increased risk of sexual assault, domestic violence, stalking, unemployment, and suicide. As a victim of deepfake pornography, I know firsthand how devastating and traumatic it is. I felt helpless. There were no laws to protect me.  Now, I – and all victims – are one step closer to justice. The DEFIANCE Act is vital to preventing and addressing non-consensual deepfake pornography,” said Omny Miranda Martone, Founder and CEO of the Sexual Violence Prevention Association (SVPA).

“We are proud to endorse this pivotal legislation and happy to see forward movement toward ensuring protection against online sexual exploitation. This act aids us in our coalition’s goal of holding Big Tech accountable for creating a social media environment that is designed with users in mind. The devastating impact of deepfake sexual abuse that academics and technologists have long warned of is no longer a problem for the future. Today, a potential abuser just needs access to a web browser and internet connection to freely create hundreds or thousands of non-consensual intimate images. The DEFIANCE Act is Congress’ chance to fix a clear gap in existing law and return power to the victims of deepfake sexual abuse," said Adam Billen, Design It For Us member and Encode Justice Director of Policy.

"Technology has outpaced legislation and the protection of individuals from existing and emerging technology. Countless apps and software can now be used to recreate the images, videos and the voice of an individual making it difficult to determine what is real or not. Technology is now used to create pornographic content of victims leading to their traumatization. As a retired Internet Crimes Against Children Commander, I have seen firsthand how perpetrators can use technology to victimize individuals. The DEFIANCE Act provides civil protection to protect victims and will give victims needed legislation to support them," said John Pizzuro, CEO of Raven. 

"The DEFIANCE Act is a critical step forward in holding those accountable for non-consensual sexually explicit deep fake images and videos which are deeply harmful and often used to harass women. It is important that legislation keeps up to date with advances in technology and how this is being used to perpetrate harm.  Hope for Justice welcome the creation of a civil remedy as an important step forward in holding perpetrators accountable and is pleased to support this important legislation," said Sarah Butler, Director of US Programs at Hope for Justice.

"Robust legal protections are needed to combat the proliferation of harmful deepfake technology. The bipartisan DEFIANCE Act establishes a critical federal civil remedy for victims of digital exploitation, safeguarding against nonconsensual, sexually explicit 'deepfake' images and videos. This legislation is essential in holding accountable those who create and distribute these harmful forgeries that invade privacy, violate dignity, and inflict severe psychological damage, particularly on women and children. The DEFIANCE Act represents a decisive step toward comprehensive online protection and is vital for ensuring the safety and well-being of all those who have been affected," said Ashlie Bryant, CEO at 3Strands Global Foundation.

“AI-generated images are the new battlefield of exploitation. Deep fake technology inflicts profound harm on victims. The DEFIANCE Act is a crucial tool to empower survivors to pursue justice and hold perpetrators accountable, and it will directly help us in our efforts to disrupt the sexual exploitation of children,” said Bob Rodgers, CEO at Street Grace.

“The DEFIANCE Act is a critical step forward in addressing the disturbing proliferation of nonconsensual AI-generated intimate images online,” said Scott Berkowitz, president and founder of RAINN. “For survivors of this type of abuse, these images cause real harm and can have effects similar to other forms of sexual violence. We thank Senator Durbin for his stewardship of this important legislation and look forward to seeing this bill signed into law.”

The volume of “deepfake” content available online is increasing exponentially as the technology used to create it has become more accessible to the public. The overwhelming majority of this material is sexually explicit and is produced without the consent of the person depicted. A 2019 study found that 96 percent of deepfake videos were nonconsensual pornography.

One researcher found that:

• The number of nonconsensual pornographic deepfake videos available online has increased ninefold since 2019;
• Such videos have been viewed almost four billion times;
• Monthly traffic to the top 20 deepfake sites increased by 285 percent from July 2020 to July 2023; and
• Search engines directed 25.2 million visits to the top five most popular deepfake sites in July 2023 alone.

The bill creates a federal civil remedy for victims who are identifiable in a “digital forgery,” which is defined as an intimate visual depiction created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means that is indistinguishable from an authentic visual depiction of the individual.

A one-pager of the legislation can be found here. 

Visit this webpage for an overview of the Committee’s efforts to protect kids online, including descriptions of the pending legislation, hearings, and a timeline of events.

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