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DEFIANCE Act of 2024
8/7/2024, 6:59 PM
Summary of Bill S 3696
The DEFIANCE Act includes provisions that would require federal agencies to develop and implement cybersecurity risk management plans, as well as establish a framework for coordinating cybersecurity efforts across different government agencies. The bill also aims to improve information sharing between the government and private sector entities in order to better protect critical infrastructure from cyber attacks.
Additionally, the DEFIANCE Act includes measures to strengthen the cybersecurity workforce by providing training and resources for individuals interested in pursuing careers in cybersecurity. The bill also seeks to enhance the government's ability to respond to cyber incidents by establishing a process for coordinating incident response efforts. Overall, the DEFIANCE Act of 2024 is a comprehensive piece of legislation that aims to bolster the nation's cybersecurity defenses and protect against cyber threats. If passed, this bill could have a significant impact on the government's ability to defend against cyber attacks and safeguard national security.
Congressional Summary of S 3696
Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2024 or the DEFIANCE Act of 2024
This bill establishes a civil cause of action for individuals who are the subject of nonconsensual digital forgeries (commonly known as deepfakes) depicting intimate activity or nudity.
Under the bill, digital forgery is any intimate visual depiction of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means that is indistinguishable from an authentic visual depiction of the individual.
Specifically, an identifiable individual who is the subject of a digital forgery may bring a civil action against any person who knowingly produces, distributes, solicits, or possesses with the intent to distribute a digital forgery without the individual's consent.
Current law provides civil remedies, including damages and injunctive relief, for the nonconsensual disclosure of intimate images. This bill makes all relief available for the new cause of action for nonconsensual digital forgeries and expands the relief available for both causes of action. For example, an identifiable individual may recover profits of the defendant that are attributable to the conduct at issue in the claim as part of actual damages.
The bill also establishes a 10-year statute of limitations, but tolls the running of the statute of limitations until the individual learns about the violation or the individual turns 18, whichever occurs later. This applies to both current law related to nonconsensual disclosure of intimate images and the new cause of action for nonconsensual digital forgeries.
