Senate Passes DEFIANCE Act, Enabling Victims to Sue Deepfake Creators for Damages

The U.S. Senate passed the DEFIANCE Act, a bill that allows victims of nonconsensual intimate AI-generated images, or “deepfakes,” to sue the creators for damages, marking a significant step in addressing the growing problem of AI-enabled sexual exploitation.

Key provisions of the DEFIANCE Act: The bill enables victims of sexually explicit deepfakes to seek civil remedies against those who created or processed the images with the intent to distribute them:

• Identifiable victims can receive up to $150,000 in damages, which can be increased to $250,000 if the incident is connected to sexual assault, stalking, harassment, or if it directly caused such harms.
• The House of Representatives must now consider the bill before it can be sent to the president to be signed into law.

Addressing a widespread issue: Senate Majority Leader Chuck Schumer (D-NY) emphasized the pervasive nature of nonconsensual intimate deepfakes and their potential to cause grave harm:

• Schumer noted that these images are not just a fringe issue but a widespread problem that can destroy lives.
• He cited examples of sexually explicit AI-created images of celebrities like Taylor Swift flooding social media and similar incidents involving high school students.

Part of a broader AI regulation roadmap: The DEFIANCE Act is seen as an example of the AI guardrails Schumer has been advocating for:

• While acknowledging AI’s potential for innovation, Schumer stressed the need for legislation to prevent its worst abuses and protect people from harm.
• The bill aligns with Schumer’s recently introduced roadmap for Senate committees to approach AI legislation comprehensively.

Urgency and call for House action: With limited time before the August recess, Schumer urged the House to take up the DEFIANCE Act promptly:

• A companion bill already exists in the House, increasing the chances of swift passage.
• Schumer emphasized that passing the bill sends a message to victims of explicit nonconsensual deepfakes that their concerns are being heard and addressed.

Broader implications for AI regulation: The DEFIANCE Act represents a targeted effort to address a specific harmful application of AI technology, but it also signals a growing recognition among lawmakers of the need for comprehensive AI regulation:

• As AI continues to advance rapidly, policymakers are grappling with the challenge of creating a legal framework that promotes innovation while protecting individuals and society from potential harms.
• The passage of the DEFIANCE Act in the Senate demonstrates a willingness to take action on AI-related issues and may pave the way for further legislation addressing other aspects of AI, such as privacy, bias, and transparency.