The U.S. Senate Judiciary Committee has unanimously advanced legislation that would make it illegal for anyone to create or distribute AI-generated deepfakes of your voice or face without your permission. The NO FAKES Act, formally titled the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2026, passed by voice vote on June 18, 2026, and now moves to the full Senate for consideration.

Right now, there is no uniform federal framework protecting people from deepfakes. Instead, individuals must rely on a patchwork of state laws that vary widely in their protections. This creates a legal gray zone where artists have seen their voices used to create unauthorized songs, public figures have been featured in fraudulent recordings, and ordinary people, including minors, have been exploited for harmful purposes.

What Would the NO FAKES Act Actually Do?

At its core, the bill creates a new federal intellectual property right that gives every person, whether famous or not, ownership over their own voice and visual likeness in digital form. This means you would have the legal right to control how AI-generated versions of you can be created or used.

The legislation establishes clear liability for anyone who produces or distributes an unauthorized digital replica of someone's voice or image. Online platforms that host such content can also face liability if they know the replica was not authorized by the person depicted. This creates accountability at multiple levels, from the creators of deepfakes to the platforms that distribute them.

How Would People Enforce These Rights?

• Notice-and-Takedown Process: Borrowing from the Digital Millennium Copyright Act (DMCA) framework, the bill creates a streamlined system where if you discover your voice or likeness has been used without permission, you can demand that the content be promptly removed from online platforms rather than pursuing costly litigation immediately.
• Counter-Notice Protection: If someone's content is taken down through this process, the person who posted it can file a counter-notice claiming the removal was a mistake, the replica was actually authorized, or it falls within one of the bill's exclusions. The platform must then send the original complainant a copy of the counter-notice, and if no lawsuit is filed within 14 days, the content is restored.
• Penalties for False Claims: Anyone who knowingly files a false counter-notification faces penalties of $25,000 per counter-notification or actual damages plus fees, whichever is greater, creating a strong deterrent against abuse of the system.
• Subpoena Powers: The bill includes provisions that facilitate the issuance of subpoenas to gather evidence in cases involving unauthorized use of someone's voice or likeness.

What Speech Is Still Protected?

The bill does not ban all uses of digital replicas. It includes important First Amendment protections for news reporting, parody, criticism, and similar forms of protected speech. Additionally, nonprofit libraries, archives, and accredited nonprofit educational institutions can use digital replicas for non-commercial research activities without running afoul of the law.

This balance between protecting individuals and preserving free speech was a point of discussion during the committee process. Some senators expressed concern about whether the bill adequately protects legitimate First Amendment speech, and they agreed to work with the bill sponsors as the legislation moves to the Senate floor.

How Does This Affect Existing State Laws?

The NO FAKES Act would preempt future state laws regulating digital replicas, creating a uniform national standard. However, it would not preempt causes of action under state statutes or common law that were already in existence as of January 2, 2025. For example, Tennessee's Ensuring Likeness Voice and Image Security (ELVIS) Act, which created state name, image, likeness, and voice rights, would remain in effect alongside the federal law.

This approach allows the federal law to establish a baseline floor of protection while respecting protections that states have already put in place for their residents. It also means that individuals could potentially pursue claims under both federal and existing state law, giving them multiple avenues for enforcement.

What Happens Next?

The bill now moves to the full Senate for a vote. A companion bill has also been introduced in the U.S. House of Representatives, although the House Committee on the Judiciary has not yet taken up the measure. The unanimous committee vote suggests broad bipartisan support, which could help the legislation move forward in the Senate.

The timing of this legislation reflects growing concern about the real-world harms of deepfake technology. As generative AI tools become more accessible and sophisticated, the ability to create convincing digital replicas of real people has moved from science fiction to everyday reality. This bill represents the first major federal effort to establish clear legal protections against that technology at the national level.