Co-Sponsor HB3562, the DEFIANCE Act to Combat Non-Consensual Deepfakes

I am writing to urge you to co-sponsor HB3562, the DEFIANCE Act of 2025, which would establish critical federal civil remedies for victims of non-consensual intimate digital forgeries. As artificial intelligence and machine learning technologies have become widely accessible, the creation of sexually explicit deepfakes has proliferated at an alarming rate, and current legal frameworks have proven inadequate to protect victims from this emerging form of image-based sexual abuse. The DEFIANCE Act addresses a serious gap in federal law by creating a private right of action in United States District Courts against individuals who knowingly produce, possess with intent to disclose, or distribute intimate digital forgeries without consent. These are synthetic images created using AI that falsely depict identifiable individuals in intimate or sexually explicit situations and are indistinguishable from authentic photographs to a reasonable observer. Women and public figures, including politicians and celebrities, are disproportionately targeted by this abuse. The harm to victims is profound and measurable. Victims experience severe psychological consequences including depression, anxiety, and suicidal ideation, along with tangible damages such as job loss, reputation destruction, and threats to personal safety. The Act recognizes this reality by establishing liquidated damages of $150,000 per violation, escalating to $250,000 when the forgery is related to sexual assault, stalking, or harassment. Victims can also recover actual damages, the perpetrator's profits, and full litigation costs including attorney fees. The legislation includes robust privacy protections allowing victims to proceed under pseudonyms and file documents under seal, addressing the concern that pursuing justice should not result in further victimization. Importantly, the Act preserves state and tribal laws that provide equal or greater protections through an explicit non-preemption provision, allowing jurisdictions to enhance victim protections beyond the federal baseline. The ten-year statute of limitations from discovery or reaching age eighteen ensures that minors and victims who experience delayed discovery have meaningful access to justice. I urge you to co-sponsor HB3562 and support its passage to provide victims with the legal recourse they deserve.