SENATE RESOLUTION No. 104

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED MAY 20, 2024

 


 

Sponsored by:

Senator  KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

 

 

 

 

SYNOPSIS

     Urges Congress to enact “Preventing Deepfakes of Intimate Images Act.”

 

CURRENT VERSION OF TEXT

     As introduced.

  


A Senate Resolution respectfully urging Congress to enact the “Preventing Deepfakes of Intimate Images Act.”

 

Whereas, There is an increasing prevalence of digital forgeries, known as deepfakes, that manipulate or create digital depictions, often without the consent of the individuals depicted; and

Whereas, A deepfake is an image, a video, or an audio recording, that has been created using advanced computer technology in a way that makes it look authentic; and

Whereas, Deepfake technology is increasingly being used to create realistic-looking pornographic images that appear to be an individual or individuals, when the images are not actually of that individual or individuals; and

Whereas, The production and distribution of non-consensual pornographic deepfakes can lead to severe emotional, psychological, and reputational harm to victims, who often have no legal recourse because these images are not actual images of the victims; and

Whereas, There is also an alarming increase in deepfake child pornography that is leading to a rise in attacks against children; and

Whereas, An incident at Westfield High School in New Jersey has recently brought attention to this increasingly problematic issue; and

Whereas, A group of male students at Westfield High School allegedly manipulated images of other female students to create non-consensual pornographic images that were reportedly shared in a group chat and then posted publicly online; and

Whereas, In an effort to prevent the disclosure of, and threats to disclose, digital forgeries of intimate digital depictions of  individuals, H.R. 3106, which is known as the “Preventing Deepfakes of Intimate Images Act,” was introduced in the 118th United States Congress on May 5, 2023; and

Whereas, This bill prohibits the non-consensual disclosure of digitally altered intimate images; and

Whereas, H.R. 3106 makes it a crime to intentionally disclose, or threaten to disclose, a digital depiction that has been altered using digital manipulation of an individual engaging in sexually explicit conduct; and

Whereas,  In addition to the creation of a federal crime, the bill also creates a right of private action for victims to seek relief; and

Whereas, H.R.3106 defines “consent,” “depicted individual,” “digital depiction,” “disclose,” “intimate digital depiction,” and “sexually explicit conduct” to ensure clarity and effective enforcement of its prohibitions; and

Whereas, This federal legislation is necessary to address the gaps in the existing legal framework and provide protections for victims of these digital forgeries, known as deepfakes; and

Whereas, New Jersey urges Congress to enact the “Preventing Deepfakes of Intimate Images Act”; now, therefore,

 

     Be It Resolved by the Senate of the State of New Jersey:

 

     1.    This House respectfully urges Congress to enact the “Preventing Deepfakes of Intimate Images Act.”

 

     2.  Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate to the Majority and Minority Leaders of the United States Senate, to the Speaker and Minority Leader of the United States House of Representatives, and to each member of the United States Congress elected from this State.

 

 

STATEMENT

 

     This resolution urges Congress to enact the “Preventing Deepfakes of Intimate Images Act”, which is pending before the House of Representatives as H.R. 3106.

     H.R. 3106 makes it a crime to intentionally disclose, or threaten to disclose, a digital depiction that has been altered using digital manipulation of an individual engaging in sexually explicit conduct and creates a right of private action for victims to seek relief.

     Congress is respectfully urged to enact H.R. 3106, in order to prevent the emotional, psychological and reputational harm that can result from the production or distribution of digital forgeries of intimate digital depictions of identifiable individuals.