The bill would grant survivors the right to sue individuals who knowingly produce, distribute, solicit and receive, or possess with the intent to distribute nonconsensual sexually-explicit digital forgeries. ... “I encourage other AI companies to follow suit and for the House of Representatives to finally advance this key piece of legislation,” said Durbin.
Support and work to pass the DEFIANCE Act to grant survivors the right to sue over nonconsensual sexually explicit digital forgeries.
Occurrences
Evidence
Durbin's office reported that he passed the DEFIANCE Act on the Senate floor by unanimous consent and then said the House still needed to pass it to make it law.
The draft House bill is titled the DEFIANCE Act of 2025 and would allow an identifiable person targeted by an intimate digital forgery to bring a federal civil action.
Congress.gov lists Durbin as sponsor, shows S.3696 passed the Senate on July 23, 2024, and then was held at the House desk on July 24, 2024.
Durbin's office said the Senate unanimously passed the DEFIANCE Act, and Durbin urged the House to take it up and send it to the President.
Congress.gov explains that enacted bills appear on its Public Laws list; the displayed 119th Congress entries include laws through February 18, 2026, with no DEFIANCE Act entry found on the page.
The Verge reported Senate passage by unanimous consent and stated the bill still needed House floor action before it could reach the President.
Assessments
Durbin materially supported and advanced the DEFIANCE Act: he sponsored the 2024 Senate bill and secured unanimous Senate passage in 2024, then his office reported Senate passage again in January 2026. The bill's substance matches the promise because it would create a federal civil right of action for victims of nonconsensual sexually explicit digital forgeries. However, the available official public-law record does not show the DEFIANCE Act enacted, and contemporary reporting said House passage and presidential signature were still required. Because the promised legal right has not been fully delivered but Durbin made substantial same-term legislative progress, partial credit is appropriate.