Legislative Session
Mr. President, whether you are a parent or a grandparent or just have children around you whom you dearly love, there is one thing that is going on in every household that should give you concern--genuine concern--about the safety of your…
Mr. President, whether you are a parent or a grandparent or just have children around you whom you dearly love, there is one thing that is going on in every household that should give you concern--genuine concern--about the safety of your kids. It is this. Have you ever seen your kids staring into the screen and wondering what they are doing? Are they speaking to a friend? Are they playing a game? Are they looking up some information? You hope it is something that is innocent, but you are never sure.
What we found in the Senate Judiciary Committee is that many kids are lured into the programs and messages of these pieces of technology, and their lives are changed for the worse.
This afternoon, we are going to vote on moving two measures which move to protect kids from the abuses which happen on the internet. It is long overdue.
The Senate Judiciary Committee has five bills that we reported out with unanimous votes--that doesn't happen in the Senate Judiciary Committee; unanimous votes, all the Democrats and all the Republicans-- to protect children from the abuses which occur.
I have a measure called Children's Sexual Abuse Material--CSAM--that says basically that if your child was exploited by the internet and you tell the social media platform that is broadcasting it to stop and desist and they refuse to do it, they are liable in civil court; they can be held liable by a lawsuit. That is a good way to enforce a provision to protect the children. In the meantime, we are moving with other measures, and I would like to speak about one that just passed this week.
We made a significant step earlier this week to address the problem of nonconsensual, sexually explicit deepfakes spreading online. Women and girls from all walks of life--from Taylor Swift, to Megan Thee Stallion, to high school girls in my home State of Illinois--have been victims of this form of image-based sexual abuse. Sadly, none of them have legal recourse against the perpetrators because the law is not keeping up with the technology.
Now this is starting to change. This week, the Senate passed my DEFIANCE Act, bipartisan legislation that will finally provide remedy for victims of nonconsensual, sexually explicit deepfakes. You have read about it in the newspapers when it comes to the celebrities, which I mentioned earlier. It happens every day across America.
This landmark legislation cannot become law soon enough. This form of image-based sexual abuse has skyrocketed in recent years. One researcher found that the number of nonconsensual, pornographic, deepfake videos available online has increased 900 percent since 2019. Another found that over 24 million people visited a group of just 34 websites dedicated to nonconsensual, deepfake pornography in September 2023 alone. In total, nonconsensual, deepfake, pornographic videos have been viewed almost 4 billion times--4 billion.
This explosive growth has been driven by advances in technology; namely, generative artificial intelligence. What used to take technological expertise and a lot of time can now be done with the push of a button. Countless apps can swap someone's face onto another person's body or can digitally remove someone's clothing so they appear to be nude.
Deepfake apps are often advertised as harmless entertainment, but when explicit images are produced and shared without the consent of the person depicted, the harm is very real. Imagine losing control over your own likeness and identity--how powerless victims feel when they can't remove the illicit content, can't prevent it from being reproduced repeatedly, and can't prevent new images from being created.
My partner on this legislation is Congresswoman Alexandria Ocasio- Cortez, who introduced a companion bill in the House. Like far too many women, she has been the victim of nonconsensual, sexually explicit deepfakes. She has described how this image-based sexual abuse has resurfaced trauma and haunts her thoughts even to this day. Once these deepfakes are seen, they cannot be unseen. As she put it, ``Deepfakes are a way of digitizing violent humiliation against other people.''
The design and function of the internet amplify the scale and spread of this type of exploitation. Survivors of nonconsensual, sexually explicit deepfakes are often forced to relive their trauma and face ongoing harm that increases exponentially over time due to the viral flow of information on the internet and the difficulty of removing harmful content.
Tragically, our laws have not kept pace with technology, leaving victims with virtually no legal remedy. Time and again, victims are told that nothing can be done to help them because existing laws simply do not apply to deepfakes.
Thankfully, now the Senate has taken a step toward fixing this blatant disregard for the trauma suffered by individuals who are victimized by this crime. By passing this DEFIANCE Act, we have brought victims one step closer to taking back some power over their identity and giving them a day in court.
Our work is far from being done. I call on the House of Representatives to move on this issue immediately, to follow the Senate's lead and quickly take up and pass the DEFIANCE Act. In doing so, Congress will reflect the will of the vast majority of Americans who are demanding that Congress pass new laws to address nonconsensual, sexually explicit deepfakes.
According to a recent survey conducted by the University of Maryland, an overwhelming 85 percent of Republicans and 87 percent of Democrats support prohibiting these nonconsensual, sexually explicit deepfakes. Our constituents are concerned about what is happening online. Democrats and Republicans alike agree that Congress must establish guardrails to protect society from these changes in technology.
I want to thank Congresswoman Ocasio-Cortez for her leadership on this issue and her courage in speaking up. She has been an indispensable partner in crafting and advancing this bill.
I would like to thank the Senate cosponsors of this legislation, including some of my Republican colleagues like Senator Graham, the ranking member of the Judiciary Committee, Democratic Majority Leader Schumer, Senators Hawley, Klobuchar, King, and Lee.
This bill would not have come to fruition without the input of survivor advocates, including the Sexual Violence Prevention Association, the National Center on Sexual Exploitation, the National Women's Law Center, the National Network to End Domestic Violence, and many others. Their lived experience and leadership have shaped this bill and brought to it this stage of passage.
I also want to thank some of the other organizations that endorsed the bill: the Center for Democracy and Technology, the National Organization for Women, #MyImageMyChoice, RAINN, PACT, and Rights4Girls.
When the DEFIANCE Act is signed into law--if it is brought up and passed in the House--victims will finally--finally--have the ability to hold liable
those who produce, disclose, solicit, or possess sexually explicit deepfakes while knowingly or recklessly disregarding that the person depicted did not consent to the conduct.
Congress has waited long enough. It is past time to give victims of nonconsensual, sexually explicit deepfakes the tools they need to fight back.
I yield the floor.