H.R. 1941: Preventing Deepfakes of Intimate Images Act

This bill, titled the Preventing Deepfakes of Intimate Images Act, aims to establish legal protections against the unauthorized disclosure of intimate digital images that have been created or altered through digital manipulation, often referred to as "deepfakes." Here are the main components of the bill:

Definitions

• Intimate Digital Depiction: This refers to a digitally manipulated image showing an individual's exposed genitals, sexual conduct, or bodily fluid in a way that identifies them.
• Depicted Individual: The person identifiable in the intimate digital depiction.
• Consent: A requirement for legal protection, meaning individuals must explicitly agree to the sharing of such images.

Prohibitions on Disclosure

The bill prohibits the disclosure of intimate digital depictions without the depicted individual's consent. This applies to any means that cross state or national boundaries (interstate or foreign commerce).

Legal Actions and Rights

• Individuals who have been depicted without their consent can take civil action against the offenders.
• If the depicted person is a minor or incapable of making such decisions, a guardian can pursue these rights on their behalf.

Consent Specifics

This section clarifies that giving consent to create an intimate depiction does not automatically mean consent is granted for its disclosure. To be valid, consent must be written, signed, and describe the image in question.

Relief Measures

• Those harmed by unauthorized disclosures may recover monetary damages, including the defendant's profits from the image, actual damages like emotional distress, or a set amount of $150,000.
• Punitive damages and court costs may also be pursued.
• Courts can issue injunctions to prevent further distribution or display of the images.

Exceptions

The law will not apply in cases where:

• Disclosure is made in good faith for reporting unlawful activities.
• It pertains to matters of genuine public interest.
• It assists the identifiable individual in a legitimate manner.

Criminal Actions

The bill proposes criminal penalties for anyone who discloses or threatens to disclose an intimate digital depiction with the intent to cause harm. Depending on the violation's severity, penalties could range from fines and up to two years of imprisonment, to up to ten years for severe cases that might affect legal proceedings or public safety.

Limitations on Liability

Interactive computer service providers are generally protected from liability regarding the disclosure of such images if they act in good faith to restrict access to them.

Confidentiality Provisions

The legislation allows courts to maintain the anonymity of plaintiffs, permitting them to use pseudonyms during proceedings.

Relevant Companies

• GOOGL: Alphabet Inc., the parent company of Google, operates platforms that could be involved in the sharing and hosting of digital content, thus potentially being impacted by compliance requirements under this bill.
• AMZN: Amazon, particularly through its cloud services and content platforms, may also face implications regarding the dissemination of digital images as defined in this bill.
• META: Meta Platforms Inc. (formerly Facebook) manages social media services where such intimate digital depictions could be shared, thus needing to ensure compliance with this legislation.