NO FAKES Act (AI digital replicas)

Current understanding

The NO FAKES Act of 2026 proposes a new federal intellectual property right protecting individuals against unauthorized AI-generated digital replicas of their voice and visual likeness. It establishes civil liability for creators and distributors of such replicas, a notice-and-takedown process for online platforms modeled loosely on the DMCA, and preempts most state right-of-publicity laws addressing the same conduct. For developers of generative AI, this creates new diligence obligations around training data and outputs; for platforms, a takedown compliance workflow; for users, a federal cause of action against unauthorized replicas.

Evidence log

• 2025-09-10 — Protect Elections from Deceptive AI Act: cross-connection with protect-elections-from-deceptive-ai-act: Both address AI-generated impersonation harms; election-integrity bill would layer political-speech rules on top of NO FAKES’ general digital-replica regime. (novelty: 2)
• 2026-07-21 — Safeguarding Against Fabricated Exploitation Through Artificial Intelligence Act of 2026: 2026-07-21 — Safeguarding Against Fabricated Exploitation Through AI Act (S5057) introduced as a complementary Homeland Security–routed measure targeting AI-fabricated exploitation, distinct from NO FAKES’ broader digital-replica IP right. (novelty: 3)
• 2025-04-28 — TAKE IT DOWN Act: cross-connection with take-it-down-act: Adjacent AI-deepfake regimes: TAKE IT DOWN covers nonconsensual intimate imagery with a 48-hour takedown, while NO FAKES addresses unauthorized digital replicas of identity more broadly. (novelty: 3)
• 2025-05-19 — TAKE IT DOWN Act: cross-connection with take-it-down-act: Both address AI-generated synthetic imagery of real people; TAKE IT DOWN targets nonconsensual intimate depictions with a takedown regime, while NO FAKES targets unauthorized digital replicas more broadly. (novelty: 4)
• 2025-05-21 — DEFIANCE Act of 2025: DEFIANCE Act of 2025 (introduced) creates a narrower federal civil cause of action targeting nonconsensual AI-generated intimate deepfakes, complementing NO FAKES Act’s broader digital-replica right with harm-specific remedies (punitive damages, disgorged profits, extended limitations period). (novelty: 3)
• 2026-07-02 — Spot the Fakes Act: cross-connection with spot-the-fakes-act: Both address AI-generated fakes/digital replicas; Spot the Fakes Act appears oriented toward detection/consumer identification while NO FAKES Act targets liability for unauthorized digital replicas. (novelty: 3)
• 2026-01-13 — DEFIANCE Act of 2025: DEFIANCE Act of 2025 (introduced) offers a narrower, harm-specific companion approach — creating a federal civil action targeting nonconsensual AI-generated intimate deepfakes rather than a general digital replica right. (novelty: 4)

Open questions

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