When Congress updated regulations in 2026, recognizing AI-generated intimate imagery was a key focus. Legislators aimed to prevent exploitation by treating all intimate content equally, enabling individuals to discover instances of exposure without delaying actions.

What the regulations say about deepfakes

The updated statute explicitly defines covered intimate visual representations to include digitally generated or altered images and videos, encompassing deepfakes, face swaps, nudify AI outputs, and any other AI-generated intimate content depicting a real person's likeness.

Platform obligations for deepfake content

All platforms must address AI-generated intimate imagery in compliance with legal guidelines. Users can assess where their likeness appears without waiting for platform actions.

Finding mechanisms to document exposure

While platforms may face accountability measures, ScanErase allows users to document and track instances of exposure, providing users with insight to take further actions as needed.

What the law does not require of victims

Individuals asserting their rights concerning deepfakes do not need to prove the content is AI-generated, identify the creator, or have legal representation to assess their exposure.

Frequently asked questions

Do I need to prove content is a deepfake to assess my exposure?

No. You simply need to indicate that the content is intimate, that you did not consent to its distribution, and that it depicts your likeness. The regulations apply to both authentic and AI-generated content.

Can I take action against the person who created the deepfake?

The focus of regulations is on platform responsibilities. Legal accountability for creators is determined by state law. The framework does not create direct federal liability for creators.

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