The Senate passed legislation Tuesday to allow victims of nonconsensual deepfake pornography to sue the producers and distributors of such content. The proposal was put forward by Democratic Whip Dick Durbin (D-Ill.) on the Senate floor for unanimous consent, and is co-sponsored by Sen. Lindsey Graham (R-S.C.). It represents the latest in a line of congressional efforts to address harms caused by the distribution of nonconsensual deepfake imagery, including the TAKE IT DOWN Act, which was championed by First Lady Melania Trump and was signed into law last year by President Donald Trump. The bill, known as the Disrupt Explicit Forged Images and Non-Consensual Edits Act, or DEFIANCE Act, cleared the Senate last Congress but failed to progress in the House. If it passes into law, the legislation would give victims the right to sue over deepfake pornography. Sen. Durbin highlighted the harm and profound consequences victims of such nonconsensual imagery suffer, and said he was proud to work with Rep. Alexandria Ocasio-Cortez on the issue, who has been a victim of explicit deepfakes. The number of nonconsensual deepfake porn videos available online has increased ninefold since 2019, according to one researcher.

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