Overview

Title

To prohibit the disclosure of intimate digital depictions, and for other purposes.

ELI5 AI

The "Preventing Deepfakes of Intimate Images Act" is a rule that says people can't share private pictures of others without asking first, especially if the pictures were changed in a tricky way (like with deepfakes). If someone breaks this rule, they can get in trouble and have to pay money, but there are some exceptions for good reasons like helping the police.

Summary AI

The bill S. 4409, titled "Preventing Deepfakes of Intimate Images Act," aims to outlaw the unauthorized disclosure of intimate digital depictions, including "deepfakes" and images involving minors. It allows victims to take civil action against offenders and outlines penalties, including fines and imprisonment, for those who knowingly distribute such images without consent. Exceptions are made for lawful activities by law enforcement, legal obligations, and providers of communication services acting in good faith.

Published

2024-05-23
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-05-23
Package ID: BILLS-118s4409is

Keywords AI

intimate digital depictions deepfakes consent disclosure civil action criminal penalties communication service providers forfeiture matters of public concern disclaimer clauses

Sources

Bill Statistics

Size

Sections:
4
Words:
3,455
Pages:
17
Sentences:
33

Language

Nouns: 710
Verbs: 273
Adjectives: 241
Adverbs: 32
Numbers: 114
Entities: 90

Complexity

Average Token Length:
3.86
Average Sentence Length:
104.70
Token Entropy:
4.96
Readability (ARI):
52.19

AnalysisAI

The proposed legislation, titled the "Preventing Deepfakes of Intimate Images Act," aims to address the increasing concern over the unauthorized sharing of intimate digital depictions, including those altered or created digitally without the consent of the depicted individual. The bill seeks to amend existing laws, providing a civil action framework for victims and establishing criminal penalties for offenders.

Summary of the Bill

This bill aims to protect individuals from having their intimate images disclosed without consent. It amends parts of the Violence Against Women Act to include "intimate digital depictions," referring to images created or altered digitally, such as deepfakes. It also seeks to establish clear definitions and introduces exceptions for lawful activities. The legislation outlines civil remedies available to victims and specifies the types of damages that can be recovered, including emotional distress damages. Moreover, the bill intends to punish individuals who unlawfully disclose or threaten to disclose such depictions, emphasizing the seriousness of the offense with fines and imprisonment.

Significant Issues

Several issues arise with the bill's language and implications:

  1. Definition Clarity: The bill cross-references multiple sections of the U.S. Code for definitions, making it potentially confusing if those sections change. This could affect how terms like "communications service" are understood.

  2. Consent Requirements: There's a stipulation that consent must be in "plain language," a subjective criterion that might lead to disputes.

  3. Exceptions and Liability: The legislation allows exceptions under "matters of public concern," which is broad and could be misused, potentially undermining privacy protections. Furthermore, service providers are exempt from liability under an ambiguous "good faith" standard, presenting potential loopholes.

  4. Penalties and Enforcement: The lack of specificity regarding criminal penalties may lead to uncertainties in enforcement, particularly around what constitutes different levels of offenses. Additionally, how the bill interacts with other laws, like state law, remains unclear, which could complicate enforcement.

Impact on the Public

If enacted, the bill could have a profound impact on individual privacy rights, particularly in the digital age where sharing and manipulation of digital images are commonplace. It seeks to strike a balance between protecting individuals' privacy and allowing legitimate legal actions. By establishing both civil and criminal repercussions, the bill emphasizes accountability in handling intimate digital depictions.

Stakeholder Impact

  • Individuals: The most direct beneficiaries would be individuals who find their privacy violated through unauthorized disclosure of intimate images. The strengthened legal framework could deter potential violators and provide victims with avenues for redress and compensation.

  • Service Providers: Companies providing communication services might encounter challenges determining what qualifies as "good faith" to avoid liability. The bill requires them to navigate these legal complexities carefully, potentially increasing operational costs or impeding service offerings.

  • Legal and Judicial Systems: This bill could add cases related to digital privacy and unauthorized image sharing to courts, requiring legal adaptability to new technological issues.

  • Public Figures: As the bill excludes consideration of public concern merely based on a person being a public figure, such individuals could gain stronger protection against invasions of privacy.

In conclusion, while the legislation endeavors to enhance personal privacy protections in the context of digital content dissemination, its successful implementation depends on careful interpretation of its provisions. Achieving the correct balance between privacy and freedom of expression will require vigilant application of the law and possibly further legislative refinements.

Financial Assessment

In reviewing the bill S. 4409, titled the "Preventing Deepfakes of Intimate Images Act," we find specific financial references related to potential civil actions for unauthorized disclosure of intimate digital depictions. Here's a breakdown and analysis of these financial elements in the context of the identified issues:

Civil Remedies and Financial Compensation

The bill explicitly states that individuals who are victims of unauthorized disclosures can seek monetary compensation through civil litigation. Specifically, Section 2 outlines several forms of financial redress available to affected individuals:

  1. Monetary Gain Recovery: Victims can recover the monetary gain made by the defendant from the improper disclosure of intimate digital depictions. This provision ensures that offenders cannot financially benefit from their actions.

  2. Actual and Liquidated Damages: Affected individuals can claim actual damages sustained because of the violation, which includes compensation for emotional distress. Alternatively, they may opt for liquidated damages set at $150,000. This fixed sum provides a clear financial penalty for offenders and serves as a deterrent against potential violations.

  3. Punitive Damages: The bill permits the awarding of punitive damages, which are intended not only to penalize the wrongdoer but also to deter similar future conduct.

  4. Legal Costs: The cost of legal actions, such as reasonable attorney fees and other litigation costs, can be recovered by the victim. This provision aims to alleviate the financial burden on victims seeking justice.

Relation to Identified Issues

The financial aspects outlined in the bill correspond to several identified issues, particularly those dealing with the lack of specificity and clarity which may affect enforcement:

  • Subjective Terminology: The language used to determine if consent was "written in plain language" could lead to increased litigation and disputes, impacting the cost of legal proceedings. While the bill allows for the recovery of attorney fees, the need for legal interpretation around consent documents could inflate costs and complicate financial recovery.

  • Criteria for Financial Recovery: Although the bill specifies the recovery of liquidated damages and monetary gains, the criteria for what constitutes "actual damages," particularly emotional distress, could lead to varied interpretations in courts. This might result in inconsistent financial remedies granted to different plaintiffs.

  • Ambiguity in Penalties: The lack of specific criteria for different levels of violation underlines the issue of uncertainty regarding penalties. This could affect how financial compensation is assessed across cases, leading to potential inconsistencies in applying the set amount of $150,000 for liquidated damages.

Implications for Service Providers

The bill includes clauses that limit the liability of service providers when acting in "good faith." While this may protect service providers from financial liabilities, it also opens potential loopholes. The interpretation of "good faith" is subjective, and differing interpretations could lead to varying degrees of financial accountability in lawsuits involving service providers.

In conclusion, while the bill addresses financial compensation for victims of unauthorized intimate digital depiction disclosures, the issues of subjectivity and lack of clarity could lead to variations in financial enforcement and recovery. These aspects will need careful interpretation and application within the judicial process to ensure consistent and fair financial judgments.

Issues

  • The bill's definition of 'communications service' in Section 2 cross-references multiple other U.S. Code sections, creating potential confusion if those sections are amended or repealed, impacting the understanding of key terms.

  • Section 3 and Section 2252D provide legal exceptions under 'MATTERS OF PUBLIC CONCERN' for disseminating intimate digital depictions, which might be exploited due to its broadness, leading to potential misuse.

  • The requirement in Section 2 for consent to be 'written in plain language' is subjective, which could lead to disputes over what qualifies as 'plain language', potentially increasing litigation and associated costs.

  • The bill's provisions in Section 3 for criminal penalties, including fines and imprisonment, lack specificity regarding criteria for different levels of violations, thereby creating uncertainty about penalties faced by offenders.

  • In Section 3, the exemption clauses for service providers create possible loopholes, especially with ambiguous terms like 'good faith,' which may lead to inconsistent interpretations and enforcement across different cases.

  • Section 2252D references procedures from the Controlled Substances Act regarding forfeiture without providing explicit details, requiring additional legal cross-referencing that complicates understanding and application.

  • Language in Sections 2 and 3 like 'reckless disregard' and the emphasis on 'good faith' for service providers is subjective and may lead to inconsistent judicial and administrative applications.

  • The disclaimer clauses in both Section 2 and Section 3 assert that disclaimers do not serve as a legal defense, emphasizing publisher accountability but potentially clashing with free speech rights.

  • Section 3's interaction with state laws in terms of forfeiture and restitution could create enforcement complications if state and federal laws conflict, affecting the bill's efficacy.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The section states the short title of the Act, which can be referred to as the "Preventing Deepfakes of Intimate Images Act."

2. Civil action relating to disclosure of intimate digital depictions Read Opens in new tab

Summary AI

The text details amendments to the Violence Against Women Act, clarifying terms and conditions related to the unauthorized disclosure of intimate digital depictions. It explains definitions, consent requirements, possible legal actions for victims, and limits the liability of communication service providers in good faith actions.

Money References

  • “(8) INTIMATE DIGITAL DEPICTION.—The term ‘intimate digital depiction’ means a realistic visual depiction, as that term is defined in section 2256(5) of title 18, United States Code, of an individual that has been created or altered using digitization or digital manipulation and that depicts— “(A) the uncovered genitals, pubic area, anus, or postpubescent female nipple of an identifiable individual; “(B) the display or transfer of bodily sexual fluids— “(i) onto any part of the body of an identifiable individual; or “(ii) from the body of an identifiable individual; or “(C) an identifiable individual engaging in sexually explicit conduct.”; and (F) in paragraph (9), as so redesignated— (i) in subparagraph (A)— (I) in clause (i), by striking “or” at the end; (II) in clause (ii)(I), by adding “or” at the end; (III) by redesignating subclause (III) of clause (ii) as clause (iii) and adjusting the margin accordingly; and (IV) in clause (iii), as so redesignated, by striking “conduct and” and inserting “conduct; and”; and (ii) in subparagraph (B)(ii), by inserting “give” before “consent”; and (3) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) by inserting after “whose intimate visual depiction is disclosed,” the following: “or who is the subject of an intimate digital depiction that is disclosed,”; and (II) by striking “consented” and inserting “given consent”; and (ii) in subparagraph (B)— (I) by striking “an individual” and inserting “a depicted individual”; (II) by striking “the individual” and inserting “the depicted individual”; (III) by striking “identifiable individual's” and inserting “depicted individual's”; and (IV) by striking “identifiable individual's'” and inserting “depicted individual's”; (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking “consented” each place it appears and inserting “gave consent”; (II) by inserting “covered intimate” before “depiction”; and (III) by striking “distribution; and” and inserting “disclosure;”; (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by inserting after subparagraph (A) the following: “(B) consent shall be deemed validly given only if it is set forth in an agreement that— “(i) is written in plain language signed knowingly and voluntarily by the depicted individual; and “(ii) includes a general description of the covered intimate depiction and, if applicable, the audiovisual work into which it will be incorporated; and”; and (iv) in subparagraph (C), as so redesignated— (I) by striking “intimate visual” each place it appears and inserting “covered intimate”; and (II) by striking “person consented” and inserting “individual gave consent”; (C) in paragraph (3)(A)— (i) by striking clause (i) and inserting the following: “(i) an individual may recover— “(I) an amount equal to the monetary gain made by the defendant from the disclosure of the covered intimate depiction; “(II) either— “(aa) the actual damages sustained by the individual as a result of the disclosure of the covered intimate depiction, including damages for emotional distress; or “(bb) liquidated damages in the amount of $150,000; “(III) punitive damages; and “(IV) the cost of the action, including reasonable attorney fees and other litigation costs reasonably incurred; and”; and (ii) in clause (ii), by striking “visual”; (D) in paragraph (4)— (i) in the matter preceding subparagraph (A), by striking “An identifiable individual” and inserting “A depicted individual”; (ii) in subparagraph (A), by striking “an intimate image” and inserting “a covered intimate depiction”; (iii) in subparagraph (C), by striking “public concern or public interest” and inserting “legitimate public concern or public interest, except that it shall not be considered a matter of legitimate public interest or public concern solely because the depicted individual is a public figure”; and (iv) in subparagraph (D), by striking “identifiable individual” and inserting “depicted individual”; and (E) by adding at the end the following: “(5) IN CAMERA.—A court may authorize an in camera proceeding under this subsection. “(6) DISCLAIMERS.—It shall not be a defense to an action under this subsection that there is a disclaimer stating that the covered intimate depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material. “(7) LIMITATIONS.—For purposes of this subsection, a provider of a communications service shall not be held liable on account of— “(A) any action voluntarily taken in good faith to restrict access to or availability of a covered intimate depiction; or “(B) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to a covered intimate depiction.”. ---

3. Criminal action Read Opens in new tab

Summary AI

The new section § 2252D of Chapter 110 in Title 18 of the United States Code makes it illegal to share or threaten to share intimate digital images of adults or digital images of nude minors without consent, with exceptions for law enforcement and certain other situations. Violations can lead to fines, imprisonment, and forfeiture of materials or property gained from the crime, and any claims that disclaimers were present will not be a valid defense.

2252D. Disclosure of intimate digital depictions Read Opens in new tab

Summary AI

This law makes it illegal to share or threaten to share intimate digital images or photos of nude minors without consent, unless certain exceptions apply like law enforcement or legal proceedings. Those who break this law could face fines and imprisonment, and any related property or materials may be seized or forfeited.