Senate Passes Landmark Bill to Combat Nonconsensual Deepfake Porn

The DEFIANCE Act, a bipartisan bill to provide legal recourse to victims of non-consensual deepfake pornography, has unanimously passed the Senate and now heads to the House.

Key legislative details: The DEFIANCE Act amends the Violence Against Women Act to allow victims to sue producers, distributors, or recipients of deepfake porn if they knew or recklessly disregarded the lack of consent:

• The bill provides a civil cause of action for both adults and minors, becoming the first federal law to do so if passed by the House.
• Recent amendments clarify the definition of “digital forgery,” update available damages, and add a “findings” section discussing the harmful effects of this technology.

Prominent supporters and reactions: The legislation has been led by Sens. Dick Durbin (D-Ill.), Lindsey Graham (R-S.C.), and Rep. Alexandria Ocasio-Cortez (D-N.Y.), who called it an “important step” in protecting survivors:

• Senate Majority Leader Chuck Schumer praised the bill, noting that “nobody is immune” to this widespread problem that can “destroy lives.”
• Ocasio-Cortez, who has personal experience with this abuse, previously told Rolling Stone that deepfakes parallel the “intention of physical rape” in digitizing “violent humiliation.”

Broader implications: The unanimous Senate passage comes amid growing concerns over the rise of AI-generated explicit deepfakes, such as those targeting celebrities like Taylor Swift:

• Ocasio-Cortez emphasized that this technology enables subjugation of women on a massive scale, connecting it to broader debates over bodily autonomy and abortion rights.
• While past legislative efforts focused on criminal penalties, the DEFIANCE Act provides a critical civil legal pathway for victims to seek justice and fight back against their abusers.

The bipartisan DEFIANCE Act marks significant progress in combating the devastating effects of non-consensual deepfake pornography. As the bill moves to the House, it has the potential to become a landmark law empowering survivors and setting a new precedent for holding perpetrators accountable in the digital age. However, questions remain about the broader societal implications of increasingly accessible deepfake technology and the ongoing battle to protect personal privacy and dignity in a rapidly evolving technological landscape.