Malicious Deep Fake Prohibition Act of 2018

“1041. Fraud in connection with audiovisual records

“(a) Definitions—In this section—

“(1) the term audiovisual record—

“(A) means any audio or visual media in an electronic format; and

“(B) includes any photograph, motion-picture film, video recording, electronic image, or sound recording;

“(2) the term deep fake means an audiovisual record created or altered in a manner that the record would falsely appear to a reasonable observer to be an authentic record of the actual speech or conduct of an individual; and

“(3) the terms interactive computer service and information content provider have the same meaning given the terms in section 230 of the Communications Act of 1934 (47 U.S.C. 230).

“(b) Offense—It shall be unlawful to, using any means or facility of interstate or foreign commerce—

“(1) create, with the intent to distribute, a deep fake with the intent that the distribution of the deep fake would facilitate criminal or tortious conduct under Federal, State, local, or Tribal law; or

“(2) distribute an audiovisual record with—

“(A) actual knowledge that the audiovisual record is a deep fake; and

“(B) the intent that the distribution of the audiovisual record would facilitate criminal or tortious conduct under Federal, State, local, or Tribal law.

“(c) Penalty—Any person who violates subsection (b) shall be—

“(1) fined under this title, imprisoned for not more than 2 years, or both; or

“(2) fined under this title, imprisoned for not more than 10 years, or both, in the case of a violation in which the creation, reproduction, or distribution of the deep fake could be reasonably expected to—

“(A) affect the conduct of any administrative, legislative, or judicial proceeding of a Federal, State, local, or Tribal government agency, including the administration of an election or the conduct of foreign relations; or

“(B) facilitate violence.

“(d) Limitations

“(1) In general—For purposes of this section, a provider of an interactive computer service shall not be held liable on account of—

“(A) any action voluntarily taken in good faith to restrict access to or availability of deep fakes; or

“(B) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to deep fakes.

“(2) First Amendment protection—No person shall be held liable under this section for any activity protected by the First Amendment to the Constitution of the United States.”