DEFIANCE Act of 2025
Sponsored By: Senator Durbin, Richard J. [D-IL]
Passed Senate
Summary
Creates federal civil remedies for victims of non-consensual intimate digital forgeries and intimate image disclosures. This bill would define who counts as an identifiable victim, expand who can be sued, and allow courts to order deletion, damages, and other relief to address harms caused by AI-altered or disclosed intimate images.
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- Victims: Identifiable individuals could sue anyone who disclosed intimate images without consent or who produced, possessed, or solicited intimate digital forgeries when they knew or recklessly disregarded the lack of consent. Courts may order deletion, destruction, or a halt to display and award damages including liquidated amounts of $150,000 or $250,000 in higher-harm cases.
- Minors and vulnerable people: Individuals under 18, incapacitated, or deceased may be represented by a guardian. Lawsuits must be filed within 10 years of discovery or the victim turning 18, whichever is later.
- Potential defendants: Creators, possessors, disclosers, and recipients of forgeries face liability if they knowingly or recklessly ignored lack of consent or if the production affects interstate or foreign commerce.
- Court privacy powers and limits: Courts may allow pseudonyms, redact personal data, seal filings, and use protective orders to control sensitive images. The bill preserves state and tribal protections and bars duplicate federal recovery after certain prior federal judgments.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 1 benefits, 0 costs, 1 mixed.
Sue over fake or shared intimate images
You would be able to sue if someone makes, possesses to share, solicits, or shares an intimate image of you without consent. You count as identifiable if the image shows your body and you can be recognized by your face, look, unique marks, or info shown with it. This would also cover AI-made or altered images that look real. The case would apply when the conduct is in or affects interstate or foreign commerce, and the defendant knew or recklessly ignored that you did not consent. For production-only claims, you would need to show the production harmed you or made harm likely. Courts would be able to order takedowns and deletion, and let you use a pseudonym with sealed or redacted filings. You could get your costs and lawyer fees, punitive damages, and either $150,000 per violation ($250,000 if tied to sexual assault, stalking, or harassment) or your actual losses plus the defendant’s profits. You would have 10 years from discovery or from your 18th birthday to file; guardians could act for minors or incapacitated or deceased people; you would not recover here if you already have a judgment under 18 U.S.C. 2255 for the same act.
State and Tribal rules, intellectual property unchanged
State and Tribal laws that protect victims at least as much would still apply alongside this federal rule. This would not change copyright or other intellectual property rules. If a court struck down one part, the rest would still apply.
Sponsors & CoSponsors
Sponsor
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
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
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.
View on Congress.gov