Full Text of SB2786 103rd General Assembly
SB2786 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2786 Introduced 1/17/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: | | | Creates the Digital Forgeries Act. Provides that an individual depicted in a digital forgery has a cause of action against any person who, without the consent of the depicted individual, knowingly distributes a digital forgery, creates a digital forgery with intent to distribute, or solicits the creation of a digital forgery with the intent to distribute: (i) in order to harass, extort, threaten, or cause physical, emotional, reputational, or economic harm to an individual falsely depicted; (ii) with reckless disregard for whether such a creation, distribution, reproduction, or manipulation will cause physical, emotional, reputational, or economic harm to an individual falsely depicted; or (iii) in order to incite violence or interfere with an official proceeding. Provides that the Act does not apply to a digital forgery that is clearly and conspicuously identified to make clear to a reasonable person that the audiovisual material was created through the use of artificial intelligence, or is not an authentic record of an act, a statement, or the conduct, absence, or presence of an individual, such as parody or satire, unless the material appears to be a sexual image as defined in the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act. Provides that a depicted individual's consent to the creation of a digital forgery shall not alone establish consent to the distribution of that digital forgery, nor shall consent to previous disclosure of a digital forgery alone establish that the depicted individual consented to subsequent disclosures. Allows a prevailing plaintiff to be awarded damages, costs, and additional relief. Allows the court to grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym. |
| |
| | A BILL FOR |
| | | | SB2786 | | LRB103 36313 LNS 66411 b |
|
| 1 | | AN ACT concerning civil law. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Digital Forgeries Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Artificial intelligence" means a machine-based system | 8 | | that can make predictions, recommendations, or decisions | 9 | | influencing real or virtual environments for a given set of | 10 | | human-defined objectives | 11 | | "Digital forgery" means any audio or visual material that | 12 | | has been created, materially manipulated, altered, or | 13 | | annotated, through the use of artificial intelligence, to | 14 | | appear to be a realistic record of an act, speech, conduct, | 15 | | absence, or appearance of an individual. | 16 | | "Official proceeding" includes any federal, State, local, | 17 | | tribal, administrative adjudication, election, or rulemaking | 18 | | proceeding. | 19 | | Section 10. Civil action. | 20 | | (a) An individual depicted in a digital forgery has a | 21 | | cause of action against any person who, without the consent of | 22 | | the depicted individual, knowingly distributes a digital |
| | | SB2786 | - 2 - | LRB103 36313 LNS 66411 b |
|
| 1 | | forgery, creates a digital forgery with intent to distribute, | 2 | | or solicits the creation of a digital forgery with the intent | 3 | | to distribute: | 4 | | (1) in order to harass, extort, threaten, or cause | 5 | | physical, emotional, reputational, or economic harm to an | 6 | | individual falsely depicted; | 7 | | (2) with reckless disregard for whether such a | 8 | | creation, distribution, reproduction, or manipulation will | 9 | | cause physical, emotional, reputational, or economic harm | 10 | | to an individual falsely depicted; or | 11 | | (3) in order to incite violence or interfere with an | 12 | | official proceeding. | 13 | | (b) This Section does not apply to a digital forgery that | 14 | | is clearly and conspicuously identified to make clear to a | 15 | | reasonable person that the audiovisual material was created | 16 | | through the use of artificial intelligence, or is not an | 17 | | authentic record of an act, a statement, or the conduct, | 18 | | absence, or presence of an individual, such as parody or | 19 | | satire, unless the material appears to be a sexual image as | 20 | | defined in subsection (14) of Section 5 of the Civil Remedies | 21 | | for Nonconsensual Dissemination of Private Sexual Images Act. | 22 | | (c) A depicted individual's consent to the creation of a | 23 | | digital forgery shall not alone establish consent to the | 24 | | distribution of that digital forgery, nor shall consent to | 25 | | previous disclosure of a digital forgery alone establish that | 26 | | the depicted individual consented to subsequent disclosures. |
| | | SB2786 | - 3 - | LRB103 36313 LNS 66411 b |
|
| 1 | | Section 15. Remedies. | 2 | | (a) Under this Act, a prevailing plaintiff may be awarded: | 3 | | (1) The greater of: | 4 | | (A) economic and noneconomic damages proximately | 5 | | caused by the creation or distribution of the digital | 6 | | forgery, including damages for emotional distress | 7 | | regardless of whether they are accompanied by other | 8 | | damages; or | 9 | | (B) statutory damages not to exceed $10,000 | 10 | | against each defendant found liable under this Act for | 11 | | all disclosures and threatened disclosures by the | 12 | | defendant of which the plaintiff knew or reasonably | 13 | | should have known when filing the action or that | 14 | | became known during the pendency of the action. | 15 | | (2) An amount equal to any monetary gain made by the | 16 | | defendant from the creation, distribution, or solicitation | 17 | | of creation of the digital forgery. | 18 | | (3) Punitive damages. | 19 | | (4) The costs of the action, including reasonable | 20 | | attorney's fees and other reasonable litigation costs. | 21 | | (5) Additional relief, including equitable relief, | 22 | | such as a temporary restraining order, a preliminary | 23 | | injunction, or a permanent injunction ordering the | 24 | | defendant to cease the display or disclosure of the | 25 | | digital forgery. |
| | | SB2786 | - 4 - | LRB103 36313 LNS 66411 b |
|
| 1 | | (b) This Act does not affect a right or remedy available | 2 | | under any other law of this State. | 3 | | Section 20. Preservation of anonymity. In ordering relief | 4 | | under this Act, the court may grant injunctive relief | 5 | | maintaining the confidentiality of a plaintiff using a | 6 | | pseudonym. | 7 | | Section 25. Severability. The provisions of this Act are | 8 | | severable under Section 1.31 of the Statute on Statutes. |
|