AI Deepfake Porn Bill Heads to House In Taylor Swift Aftermath

The Senate on Tuesday passed legislation aimed at cracking down on the proliferation of sexually explicit deepfakes generated by artificial intelligence—addressing a bipartisan concern as the emerging technology has become more accessible and sophisticated.

Senate Majority Leader Chuck Schumer (D-N.Y.) Tuesday secured unanimous consent to pass Senate Judiciary Chairman Dick Durbin’s (D-Ill.) legislation known as the DEFIANCE Act (S. 3696). It would create a federal civil remedy for victims of deepfake pornography.

Recent victims of non-consensual deepfake pornography range from prominent artists like Taylor Swift and Megan Thee Stallion to middle- and high-school-aged girls, prompting momentum for action on Capitol Hill. Lawmakers have been trying to criminalize and curb the spread of AI-generated sexually explicit material, and Tuesday’s action represents a step forward.

“AI is a remarkable technology that can spur incredible innovation, but we must pass guardrails to prevent its worst abuses from causing people grave harm,” Schumer said in a floor speech shortly before passage. “By passing this bill, we are telling victims of explicit nonconsensual deepfakes we hear them, and we’re taking action.”

The bill must pass the House before it can go to President Joe Biden’s desk. Rep. Alexandria Ocasio-Cortez (D-N.Y.) is leading the House companion of that bill (H.R. 7569).

Tuesday’s quick action by voice vote came after Sen. Cynthia Lummis (R-Wyo.) lifted her objection to proceeding to the bill.

Lummis told Bloomberg Government that while she was concerned Durbin’s bill was “too broad,” she was unable to convince his staff to make the changes she wanted.

“I decided the issue needs to be addressed,” Lummis said. “So I decided to lift my hold.”

Schumer on Tuesday separately started the process of considering the Kids Online Safety Act (S. 1409), or KOSA, and the Children and Teens’ Online Privacy Protection Act (S. 1418), or COPPA 2.0.

A procedural vote on that legislation is expected Thursday, and Schumer hopes to pass both bills before the chamber leaves for the August recess next week.