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Protecting Voice and Likeness from Digital Replicas and Unauthorized AI Use.

This Act establishes a new federal property right giving every individual (living or deceased) exclusive control over the use of their voice and visual likeness in computer-generated digital replicas (deepfakes). This means unauthorized creation or distribution of realistic digital representations of a person is illegal, protecting citizens from identity misuse and fraud. Online platforms must quickly remove such content upon notification to maintain legal protection.
Key points
New Property Right: You gain the exclusive right to authorize the use of your voice and visual likeness in realistic digital replicas (deepfakes).
Post-Mortem Protection: This right survives death and can be inherited, protecting the likeness of the deceased for up to 70 years.
Liability for Deepfakes: Creating or distributing unauthorized digital replicas carries significant financial penalties in civil court.
Platform Responsibility: Online services (like social media) must promptly remove unauthorized replicas upon receiving a valid notice to qualify for liability protection.
Exclusions: The law allows use for satire, parody, criticism, news, sports, or historical documentaries, unless the replica depicts sexually explicit conduct.
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Additional Information
Print number: 118_S_4875
Sponsor: Sen. Coons, Christopher A. [D-DE]
Process start date: 2024-07-31