CONGRESSMAN JOE MORELLE AUTHORS LEGISLATION TO BOLSTER THE RIGHT TO ONLINE PRIVACY

(Washington, D.C.) — Today, Congressman Joe Morelle introduced new legislation to protect the right to privacy online. The Preventing Deepfakes of Intimate Images Act, authored by Congressman Morelle, would make illegal the non-consensual sharing of altered or “deepfake” intimate images online and create additional legal courses of action for those impacted.

“As technology and artificial intelligence continue to evolve, it’s critical that we take proactive steps to combat disinformation and protect individuals from harm or compromising situations online,” said Congressman Joe Morelle. “The spread of altered images can cause irrevocable emotional, financial, and reputational harm—and unfortunately, women are disproportionately impacted. I’m proud to have introduced this legislation that takes common-sense steps to protect their privacy, and I look forward to working with my colleagues to pass it into law.”

SAG-AFTRA President Fran Drescher, a staunch advocate of protections for women and other vulnerable groups, has personally been a victim of this technology and is revolted to have had her image exploited in this way. Drescher today praised the proposed legislation saying:

"With great technology comes great responsibility. As we cheer on new advancements in the creative arts, we must never lose sight of the dark side of tech and the people it can harm. I have personally been a victim of this technology and applaud Congressman Morelle for proposing federal protection against sexualized non-consensual digital replicas and ‘deepfakes'. This bill will help curb an incredibly destructive practice that strikes at the very heart of personal privacy, safety and autonomy. Sexual abuse, whether occurring physically or digitally, should never be excused or permitted as ‘personal expression’, and it should never be tolerated. Make no mistake, deepfakes is a violation, objectification and exploitation, but it’s also counterfeit and must be made illegal and punishable by law. This bill is a powerful step to ensure that new and exciting technology is not used to cause obvious and irreparable harm.”

Dr. Mary Anne Franks, President and Legislative & Tech Policy Director, Cyber Civil Rights Initiative, said: “The vast majority of so-called “deepfakes” are pornographic images and videos featuring women and girls without their consent. Like other forms of nonconsensual pornography, the creation and distribution of digitally manipulated intimate images can inflict severe psychological, reputational, and professional harm. The Cyber Civil Rights Initiative is pleased to support the Preventing Deepfakes of Intimate Images Act, which will help deter this egregious form of sexual exploitation.”

With technological advancement has come the emergence of “deepfakes”—digitally altered images that use an individual’s likeness mapped onto a photo or video of someone else. A 2019 report found that 96 percent of deepfake videos online were pornographic in content and exclusively targeted women. While the videos are fake, their impacts are very real—and until now, little has been done to provide women with protection or recourse from this disturbing phenomenon.

In March 2022, President Biden signed the Violence Against Women Act (VAWA) Reauthorization Act, a bipartisan law taking significant steps to address domestic violence. The VAWA Reauthorization included provisions to empower individuals victimized by the non-consensual disclosure of their intimate visual images to seek civil penalties in federal court. However, these provisions did not include the same protections for those impacted by the disclosure of deepfakes, leaving individuals vulnerable to exploitation by these images.

To address this issue, Congressman Morelle introduced the Preventing Deepfakes of Intimate Images Act, which would:

• Prohibit the non-consensual disclosure of digitally altered intimate images and make the sharing of these images a criminal offense;
• Ensure that an individual’s consent to create the image does not establish consent for the sharing or disclosure of the image;
• Create a right of private action for victims to seek relief;
• Provide additional protections to preserve a plaintiff’s anonymity in civil actions.