Criminal prohibition on use of digital impersonations to commit fraud

(a) In general Section 223 of the Communications Act of 1934 (47 U.S.C. 223) is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following: (i) Use of digital impersonations To commit fraud (1) Definitions In this subsection: (A) Digital impersonation The term digital impersonation means any visual or audio depiction of— (i) an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from an authentic visual or audio depiction of the individual; or (ii) an imaginary individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual or audio depiction of an imaginary individual, that, when viewed or listened to as a whole by a reasonable person, is indistinguishable from a visual or audio depiction of a real individual. (B) Identifiable individual The term identifiable individual means an individual— (i) who appears in whole or in part, or is heard, in a digital impersonation; and (ii) whose face, likeness, voice, or other distinguishing characteristic (including a unique birthmark or other recognizable feature) is displayed or heard in connection with such digital impersonation. (2) Offense (A) In general Subject to subparagraph (B), it shall be unlawful for a person, in interstate or foreign communications, to falsely pose as an identifiable individual or imaginary individual, in a manner intended to be taken as genuine, in a digital impersonation, with intent to defraud a person of any money, paper, document, or thing of value. (B) Exceptions Subparagraph (A) shall not apply to a lawfully authorized investigative, protective, or intelligence activity of— (i) a law enforcement agency of the United States, a State, or a political subdivision of a State; or (ii) an intelligence agency of the United States; (3) Penalties Any person who violates paragraph (2) shall be fined under title 18, United States Code, imprisoned not more than 3 years, or both. (4) Threats Any person who intentionally threatens to commit the offense under paragraph (2) for the purpose of intimidation, coercion, extortion, or to create mental distress shall be punished as provided in paragraph (3). (5) Forfeiture (A) In general The court, in imposing a sentence on any person convicted of a violation of paragraph (2), shall order, in addition to any other sentence imposed and irrespective of any other sentence imposed and irrespective of any provision of State law, that the person forfeit to the United States— (i) the person’s interest in property, real or personal, constituting or derived from any gross proceeds of the violation, or any property traceable to such property, obtained or retained directly or indirectly as a result of the violation; and (ii) any personal property of the person used, or intended to be used, in any manner or part, to commit or to facilitate the commission of the violation. (B) Procedures Section 413 of the Controlled Substances Act (21 U.S.C. 853), with the exception of subsections (a) and (d), shall apply to the criminal forfeiture of property under subparagraph (A). (6) Extraterritorial jurisdiction There is extraterritorial Federal jurisdiction over an offense under paragraph (2).. (b) Defenses Section 223(e)(1) of the Communications Act of 1934 (47 U.S.C. 223(e)(1)) is amended by striking or (h) and inserting (h), or (i).