S1837-119

Passed Senate

DEFIANCE Act of 2025

119th Congress Introduced May 21, 2025

Summary

What This Bill Does

The DEFIANCE Act of 2025 creates a federal civil remedy for people whose identifiable image is used in a nonconsensual sexually intimate digital forgery, commonly described as a deepfake. It amends the existing federal civil action for disclosure of intimate images so it also covers digital forgeries that realistically depict sexual conduct or intimate parts without the person's consent.

Victims may sue in federal court for actual damages, liquidated damages of $150,000, or $250,000 when the conduct is tied to sexual assault, stalking, or harassment, plus punitive damages, injunctive relief, litigation costs, and attorney fees. The bill also allows pseudonymous filings, sealing, protective orders, and a 10-year limitations period with special tolling rules for minors.

Who Benefits and How

Victims of nonconsensual intimate deepfakes benefit from a direct federal cause of action, larger statutory damages, privacy-protective court procedures, and a longer window to sue. Women and girls targeted by deepfake pornography, privacy advocates, civil-rights organizations, and plaintiff attorneys benefit from clearer federal tools to deter and remedy digital sexual abuse.

Who Bears the Burden and How

Creators, distributors, possessors with intent to disclose, and solicitors of nonconsensual intimate digital forgeries face substantial civil liability. Online platforms and deepfake app operators face higher litigation and compliance risk when they knowingly disclose or facilitate covered content. Federal courts must handle sealed or pseudonymous proceedings and damages claims under the expanded cause of action.

Key Provisions

  • Defines intimate digital forgery and identifiable individual for the expanded federal civil action.
  • Extends the existing intimate-image civil remedy to nonconsensual digital forgeries.
  • Authorizes actual damages, liquidated damages, punitive damages, injunctive relief, attorney fees, and litigation costs.
  • Sets liquidated damages at $150,000, or $250,000 for cases involving sexual assault, stalking, or harassment.
  • Allows plaintiffs to proceed pseudonymously and seek sealing or protective orders.
  • Establishes a 10-year limitations period with tolling protections for minors.

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.

At a Glance

What This Bill Does

Expands the federal civil action for disclosure of intimate images to cover nonconsensual sexually intimate digital forgeries and gives victims damages, injunctions, privacy protections, and a 10-year limitations period.

Key Policy Areas

Civil Rights, Technology, Justice

Primary Purpose

Expands the federal civil action for disclosure of intimate images to cover nonconsensual sexually intimate digital forgeries and gives victims damages, injunctions, privacy protections, and a 10-year limitations period.

Policy Domains

Civil Rights Technology Justice

Whole bill

Identified Gains
  • Victims of nonconsensual intimate deepfakes
  • Women and girls targeted by deepfake pornography
  • Privacy advocates
  • Civil-rights organizations
  • Plaintiff attorneys
Model: codex-gpt-5 | Version: bill_summary_v2 | Source: es
Privacy advocates:
Plaintiff attorneys:
Civil-rights organizations:
Victims of nonconsensual intimate deepfakes:
Women and girls targeted by deepfake pornography:
Identified Costs
  • Deepfake creators
  • Deepfake distributors
  • Online platforms hosting covered content
  • Deepfake app operators
  • Federal courts
Model: codex-gpt-5 | Version: bill_summary_v2 | Source: es
Federal courts:
Deepfake creators:
Deepfake distributors:
Deepfake app operators:
Online platforms hosting covered content:

Legislative Progress

Passed Senate
Introduced Committee Passed
Jan 13, 2026

Held at the desk.

Jan 13, 2026

Received in the House.

Jan 13, 2026

Message on Senate action sent to the House.

Jan 13, 2026

Message on Senate action sent to the House.

Jan 13, 2026

Passed Senate without amendment by Unanimous Consent. (consideration: CR S143-147; …

Jan 13, 2026

Passed/agreed to in Senate: Passed Senate without amendment by Unanimous …

May 21, 2025

Introduced in Senate

May 21, 2025

Read twice and referred to the Committee on the Judiciary. …

May 21, 2025

Mr. Durbin (for himself, Mr. Graham, Ms. Klobuchar, Mr. King, …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Technology
4 mentions across 2 clauses
-4 negative

AI and deepfake technology companies, Creators and distributors of non-consensual intimate deepfakes, Deepfake technology developers and app makers

Civil Rights Advocacy
2 mentions across 2 clauses
+2 positive

Victims of non-consensual intimate deepfakes

Professional Services
1 mention across 1 clause
+1 positive

Trial lawyers and plaintiff attorneys

2/4
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Civil Rights Technology Justice

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology