In a significant move to combat the rising threat of nonconsensual deepfake pornography, the Senate has unanimously passed the Disrupt Explicit Forged Images and Non-Consensual Edits (Defiance) Act. This bipartisan legislation, introduced by Senate Judiciary Chair Dick Durbin and Senator Lindsay Graham, and strongly supported by Representative Alexandria Ocasio-Cortez, is set to be one of the first major AI-focused regulations to potentially become federal law.
The Defiance Act provides a civil pathway for victims to seek justice by granting them the right to sue individuals who knowingly produce, distribute, or receive nonconsensual sexually explicit digital forgeries. This comes in response to the alarming prevalence of deepfake content, particularly deepfake pornography, which overwhelmingly targets women. Reports indicate that over 90% of all deepfake videos are nonconsensual, sexually explicit images, with women being the targets in nine out of ten cases.
Representative Ocasio-Cortez, who has personally been subjected to synthetic forgeries, emphasized the importance of this legislation in protecting victims. In a statement following the Senate vote, she highlighted that the Defiance Act would guarantee federal protections for survivors of nonconsensual deepfake pornography for the first time, a significant step in the ongoing battle against this form of digital abuse.
The urgency of addressing this issue is underscored by recent incidents and reports. Just this week, a manipulated video of Vice President Kamala Harris delivering a speech that never actually took place resurfaced on TikTok, garnering millions of views despite being debunked multiple times over the past year. Additionally, UK watchdogs have reported a disturbing increase in online child sexual abuse material, much of it created through AI-driven digital forgeries.
While the Defiance Act is a critical step forward, it primarily focuses on providing a civil remedy for victims. Many victims and advocates are pushing for criminal penalties to be established for those who create and distribute non-consensual deepfake content. However, the path to criminalization may be more complicated and could follow the trajectory of real nonconsensual pornography (commonly known as revenge porn). In the United States, criminal liability for nonconsensual pornography is largely determined by state law, as the federal government has yet to establish such penalties. The 2022 reauthorization of the Violence Against Women Act did provide a civil path for victims of nonconsensual pornography, similar to what the Defiance Act aims to do for victims of deepfakes.
The conversation around deepfakes and the need for regulation has gained momentum in recent years, with tech companies also being called upon to take responsibility for the proliferation of this harmful content. In June 2024, Senator Ted Cruz introduced the Take It Down Act, which seeks to criminalize both synthetic and real non-consensual intimate imagery and impose penalties on tech companies that fail to remove such content within 48 hours. The White House has echoed these concerns, urging tech companies to take more proactive measures to prevent the spread of deepfakes on their platforms.
The Defiance Act’s unanimous passage in the Senate is a promising sign of bipartisan support for addressing the deepfake crisis. However, the legislation still faces hurdles before becoming law, as it now moves to the House of Representatives for consideration and a vote at a later date. If passed, the Defiance Act will mark a significant milestone in the regulation of AI-generated content and the protection of individuals from the devastating impact of nonconsensual deepfake pornography.
As the Defiance Act progresses through the legislative process, it serves as a reminder of the need for comprehensive regulation to address the complex challenges posed by AI and digital forgeries. The rise of deepfakes has exposed gaps in existing laws and highlighted the urgent need for new legal frameworks to protect individuals from the misuse of technology. While the Defiance Act focuses on providing civil remedies, the broader conversation about criminal liability and the responsibilities of tech companies will continue to shape the future of AI regulation. By granting victims the right to seek justice through civil litigation, this legislation provides a much-needed legal avenue for those affected by this form of digital abuse. However, the debate over criminal penalties and the role of tech companies in preventing the spread of deepfakes will likely continue as lawmakers work to address the evolving challenges of AI-generated content. The Defiance Act’s journey through Congress will be closely watched by advocates, victims, and tech companies alike, as it has the potential to set a precedent for future AI-focused regulations.
