Signed by Governor Bob Ferguson

Vote Smart's Synopsis:

Vote to pass a bill that specifies knowingly distributing a forged digital likeness of another person as criminal impersonation in the 2nd degree in Washington.

Highlights:

• Defines “Forged digital likeness” to mean a visual representation of an actual and identifiable individual, or an audio recording of an actual and identifiable individual's voice, which (Sec. 1): 

• Has been digitally created, adapted, altered, or modified to be indistinguishable from a genuine visual representation or audio recording of the individual;

• Misrepresents the appearance, speech, or conduct of the individual; and

• It is likely to deceive a reasonable person into believing that the visual representation or audio recording is genuine.

• Specifies that a person is guilty of criminal impersonation in the 2nd degree if they knowingly distribute a forged digital likeness of another individual as a genuine visual representation or audio recording with intent to defraud, harass, threaten, or intimidate another or for any other unlawful purpose; and knows or reasonably should know that the forged digital likeness is not genuine (Sec. 2).

• Specifies that nothing in this shall impose liability upon the following entities (Sec. 2):

• An interactive computer service, as defined in Title 47 U.S.C. Sec. 230(f)(2);

• A mobile telecommunications service provider, as defined in 22 RCW 82.04.065; or

• A telecommunications network or broadband provider.

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 3).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that specifies knowingly distributing a forged digital likeness of another person as criminal impersonation in the 2nd degree in Washington.

Highlights:

• Defines “Forged digital likeness” to mean a visual representation of an actual and identifiable individual, or an audio recording of an actual and identifiable individual's voice, which (Sec. 1): 

• Has been digitally created, adapted, altered, or modified to be indistinguishable from a genuine visual representation or audio recording of the individual;

• Misrepresents the appearance, speech, or conduct of the individual; and

• It is likely to deceive a reasonable person into believing that the visual representation or audio recording is genuine.

• Specifies that a person is guilty of criminal impersonation in the 2nd degree if they knowingly distribute a forged digital likeness of another individual as a genuine visual representation or audio recording with intent to defraud, harass, threaten, or intimidate another or for any other unlawful purpose; and knows or reasonably should know that the forged digital likeness is not genuine (Sec. 2).

• Specifies that nothing in this shall impose liability upon the following entities (Sec. 2):

• An interactive computer service, as defined in Title 47 U.S.C. Sec. 230(f)(2);

• A mobile telecommunications service provider, as defined in 22 RCW 82.04.065; or

• A telecommunications network or broadband provider.

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 3).

Full Bill Text