DEFIANCE Act of 2025
Sponsored By: Senator Sen. Durbin, Richard J. [D-IL]
Passed Senate
Summary
This bill would expand civil relief for people harmed by non-consensual intimate digital forgeries by creating new definitions and private causes of action. It adds statutory definitions for an "identifiable individual" and an "intimate digital forgery" and updates existing federal law to cover images made or altered with software, machine learning, or artificial intelligence.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
Big damages and privacy for victims
If you win, you would be able to get $150,000. You would get $250,000 if the conduct was tied to sexual assault, stalking, or harassment. Instead, you could choose your actual losses and any profits the wrongdoer made; you would show their gross revenue, and they would have to prove expenses. Courts would also be able to award punitive damages and order images deleted or blocked. You could recover attorney fees and costs, and the court could use a pseudonym, redactions, or sealed files to protect your privacy.
New right to sue over intimate deepfakes
This bill would let you sue if someone shares your intimate image without consent when it crosses state lines or uses the internet. It would also cover realistic AI-made intimate images of you, even if labeled fake. A person would be liable if they made, shared, possessed to share, or solicited and received a fake image, and knew or recklessly ignored that you did not consent. You would count as identifiable if your face, likeness, a unique mark, or info shown with the image points to you. Consent would need to be both conscious and competent.
10-year deadline and no double recovery
You would need to file your case within 10 years. The 10 years would run from the later of when you reasonably discover the violation or your 18th birthday. Courts would not grant relief under this section if there is already a judgment under 18 U.S.C. 2255 for the same conduct, same person, and same image.
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Sponsors & CoSponsors
Sponsor
Sen. Durbin, Richard J. [D-IL]
IL • D
Cosponsors
Sen. Graham, Lindsey [R-SC]
SC • R
Sponsored 5/21/2025
Amy Klobuchar
MN • D
Sponsored 5/21/2025
Angus King
ME • I
Sponsored 5/21/2025
Sen. Lee, Mike [R-UT]
UT • R
Sponsored 5/21/2025
Sen. Heinrich, Martin [D-NM]
NM • D
Sponsored 5/21/2025
Peter Welch
VT • D
Sponsored 5/21/2025
Charles Schumer
NY • D
Sponsored 5/21/2025
Sen. Hawley, Josh [R-MO]
MO • R
Sponsored 5/21/2025
Roll Call Votes
No roll call votes available for this bill.
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