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119-s-1837119th CongressWALLET

DEFIANCE Act of 2025

Sponsored By: Senator Durbin, Richard J. [D-IL]

Passed Senate

Summary

Would expand civil liability for nonconsensual intimate digital forgeries and intimate visual depictions. It would let people harmed by AI-made or other falsified intimate images sue for money, seek court orders to remove content, and use privacy protections in court.

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  • Identifiable individuals could bring federal suits when an intimate digital forgery or intimate visual depiction is produced, possessed, disclosed, solicited, or distributed without consent. Plaintiffs may proceed under a pseudonym, request sealed filings, and seek protective orders. The statute of limitations is 10 years from discovery or from turning 18.
  • Remedies would include monetary damages, injunctive relief such as deletion or cessation orders, punitive damages, and attorney’s fees. The bill sets liquidated damages at $150,000 and $250,000 in specified aggravated circumstances and allows recovery of actual damages and defendant profits under specified proof rules.
  • The measure defines “intimate digital forgery” as a false visual created by software, artificial intelligence, or other technology that is practically indistinguishable from an authentic depiction. It requires an interstate commerce nexus for actions, preserves State and Tribal authority to adopt at least equally protective laws, and prevents duplicate recovery when the same conduct produced a federal conviction under section 2255.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Sue over fake or shared intimate images

If enacted, you would be able to sue over nonconsensual intimate images and AI-made forgeries. It would cover production, possession with intent to share, disclosure, distribution, and solicitation when the person knew or recklessly ignored your lack of consent, and the conduct is in or affects interstate or foreign commerce. You could get $150,000 in liquidated damages, or $250,000 if tied to sexual assault, stalking, or harassment. You could instead recover your losses and the defendant’s profits; you would show gross revenue, and the defendant would show expenses. Courts would be able to order takedown or deletion and let you sue under a pseudonym with sealed or redacted filings. You would have 10 years from discovery or your 18th birthday, whichever is later, and relief would not apply if there is already a judgment under 18 U.S.C. 2255 for the same act.

States keep power and intellectual property unchanged

If enacted, this would not override Federal, State, or Tribal laws on intimate images or digital forgeries. States and Tribes would be able to adopt and enforce equal or stronger protections. If a court struck down part of the Act, the rest would still apply. This would not change copyright, patent, or other intellectual property law.

Sponsors & CoSponsors

Sponsor

Durbin, Richard J. [D-IL]

IL • D

Cosponsors

  • Sen. Graham, Lindsey [R-SC]

    SC • R

    Sponsored 5/21/2025

  • Sen. Klobuchar, Amy [D-MN]

    MN • D

    Sponsored 5/21/2025

  • Sen. King, Angus S., Jr. [I-ME]

    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

  • Sen. Welch, Peter [D-VT]

    VT • D

    Sponsored 5/21/2025

  • Sen. Schumer, Charles E. [D-NY]

    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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