Cease-and-Desist Letter for Nonconsensual Deepfake Imagery

CEASE-AND-DESIST LETTER: NONCONSENSUAL DEEPFAKE IMAGERY

Letter Header

[_____________________]
[_____________________]
[_____________________]

VIA [CERTIFIED MAIL / EMAIL / REGISTERED MAIL]

[__________________]
[__________________]
[__________________]

RE: CEASE AND DESIST—NONCONSENSUAL DEEPFAKE IMAGERY
Demand for Immediate Removal and Preservation of Evidence

Recitals

Dear [_________________________]:

This letter constitutes formal notice demanding the immediate cessation of unlawful creation, distribution, and exhibition of nonconsensual synthetic intimate imagery depicting [____________________] (the "Victim") without consent, authorization, or legitimate purpose.

The Victim is writing to inform you that:

☐ You are the creator, publisher, or distributor of deepfake imagery;
☐ You control the platform, website, or service hosting such content;
☐ You have received prior notice of this unlawful content and have failed to act;
☐ You are aware that such material harms the Victim and violates state and federal law.

This demand is issued pursuant to statutory and common law rights protecting individuals from nonconsensual synthetic sexual imagery and impersonation deepfakes.

Description of Harmful Content

The unlawful content at issue includes:

This synthetic media falsely and maliciously portrays the Victim in [_________________________], creating the false impression that [_________________________]. The content is entirely fabricated and was created without the Victim's knowledge, consent, or permission. The Victim has never engaged in such conduct.

Legal Basis for Demand

1. Right of Publicity & Privacy

State Common Law and Statutory Protection:

☐ California Civil Code § 3344 — Prohibits use of likeness without consent; extends to digital reproductions and AI-generated imagery (Cal. Civ. Code § 3344.1).

☐ New York Civil Rights Law § 50–51 — Protects against unauthorized commercial use of name, likeness, voice, or signature.

☐ Texas Property Code § 26.002 — Recognizes right of publicity surviving in perpetuity; applies to digital representations.

☐ Virginia Code § 8.01-40 — Right of publicity in name and likeness; extends to electronic communications.

The creation and distribution of the Victim's synthetic likeness without authorization violates fundamental privacy and publicity rights recognized across all jurisdictions.

2. Nonconsensual Deepfake Statutes (State Law)

Several states have enacted laws specifically criminalizing nonconsensual deepfake imagery:

California Assembly Bill 602 & 730 (effective Jan. 2024)

• Criminalizes creation and distribution of nonconsensual deepfake pornography.
• Applies to content created with intent to harm or harass.
• Creates private right of action for damages.

Texas Penal Code § 21.165

• Criminal offense for creating/promoting deepfake pornography without consent.
• Applies to synthetic sexual imagery used for harassment or economic harm.

Virginia Code § 18.2-386.2

• Criminalizes deepfake pornography; prohibits distribution.
• Covers imagery that falsely depicts a person in sexual conduct.

New York S1042A

• Criminalizes nonconsensual deepfake sexual imagery.
• Authorizes civil damages and attorney fees.

Federal: 15 U.S.C. § 6851 (VAWA 2022 reauthorization)

• Federal civil action for victims of nonconsensual disclosure of intimate visual depictions, including digital forgeries.
• Authorizes damages, attorney's fees, and injunctive relief.
• Note: the DEFIANCE Act (S. 3696, 118th Cong.) would add a separate federal civil remedy targeting digital forgery specifically; check current enactment status before relying on it.

3. Copyright Infringement (if applicable)

☐ If the Victim's likeness, voice, image, or other original works were used to train or generate the deepfake without license:

• 17 U.S.C. § 102 — Original works of authorship in any medium are protected.
• The unauthorized use of the Victim's biometric or creative identity constitutes infringement.
• Statutory damages available: up to $150,000 per work of willful infringement (17 U.S.C. § 504).

4. Defamation (if applicable)

☐ To the extent the deepfake portrays the Victim in false, sexually explicit, or criminal conduct:

• Common law defamation requires: false statement of fact, publication, identification of plaintiff, fault, damages.
• The synthetic nature of the imagery does not shield the defendant from liability.
• Falsely depicting the Victim engages in illegal conduct, sexual activities, or other harmful behavior may constitute defamation per se.

5. Intentional Infliction of Emotional Distress (IIED)

• Extreme and outrageous conduct causing severe emotional harm is actionable.
• Creating and distributing nonconsensual synthetic intimate imagery of the Victim constitutes conduct exceeding bounds of decency.
• The Victim has suffered and continues to suffer severe emotional distress, humiliation, and reputational harm.

Demand for Immediate Action

The Victim demands that you:

1. Cease All Creation and Distribution

☐ Immediately cease creating, generating, or distributing deepfake, synthetic, or manipulated imagery of the Victim in any form.

☐ Cease training artificial intelligence models, generative systems, or other technological processes using the Victim's biometric data, voice, likeness, or identifying information without express written consent.

2. Remove All Unlawful Content

☐ Remove all nonconsensual deepfake imagery of the Victim from all platforms, websites, servers, repositories, databases, and archives under your control within [48 / 72] hours of receipt of this letter.

☐ Provide written confirmation of removal to [________________________] within 5 business days.

☐ If you are a platform operator, comply with removal requests submitted through your reporting mechanisms and implement automated detection to prevent reupload.

3. Preserve All Evidence

☐ Immediately cease deletion or destruction of any materials, metadata, logs, or evidence related to the creation, transmission, hosting, or distribution of the deepfake imagery.

☐ Preserve all server logs, IP addresses, timestamps, user accounts, payment records, and communications related to this content for minimum 180 days or until litigation concludes.

☐ Failure to preserve evidence may result in sanctions, adverse inferences, and spoliation claims.

4. Identify All Parties

☐ If you are a platform or intermediary, provide the Victim's legal counsel with:

• Identity and contact information of the account creator/uploader;
• Account creation date and IP address history;
• Associated email addresses and phone numbers;
• Payment and transaction records (if monetized).

5. Cease Monetization

☐ Cease any use of the Victim's likeness or image to generate revenue through advertising, subscriptions, premium features, or other monetization mechanisms.

Notice to Platform Operators & Internet Service Providers

To any platform, website, hosting provider, or service through which this content is accessible:

You are on notice of illegal content. Section 230 of the Communications Decency Act provides limited immunity but contains carveouts:

• Federal law (including 15 U.S.C. § 6851, civil action for disclosure of intimate images);
• Intellectual property law (Copyright, 17 U.S.C. § 512 takedown procedures);
• State criminal statutes prohibiting nonconsensual deepfakes (CA AB 602, TX § 21.165, VA § 18.2-386.2, NY S1042A).

Platforms have affirmative obligations to:

☐ Remove reported nonconsensual intimate imagery within reasonable timeframes (some states mandate 24–72 hours).

☐ Disable accounts engaged in systematic violations.

☐ Cooperate with law enforcement and civil discovery.

☐ Implement content moderation policies addressing synthetic media.

Failure to act expeditiously after notice may result in:

• Statutory damages under state nonconsensual deepfake laws;
• Copyright infringement liability (§ 512);
• Negligence, premises liability, or other common law claims;
• Attorney fees and costs.

Deadlines and Consequences

Action Required By: [___________________]

Failure to comply will result in:

☐ Referral to law enforcement for criminal prosecution under applicable deepfake statutes;

☐ DMCA takedown notices (17 U.S.C. § 512);

☐ Civil litigation for damages, including:

• Statutory damages under state nonconsensual deepfake laws (up to $[150,000+] per jurisdiction);
• Copyright infringement damages (up to $150,000 per work);
• Compensatory damages for emotional distress, reputational harm, lost wages;
• Punitive damages for willful, malicious conduct;
• Attorney fees and litigation costs;
• Injunctive relief;

☐ Restraining order and preliminary injunction to prevent further distribution;

☐ Claims for intentional infliction of emotional distress, defamation, and other torts.

Preservation of Evidence

This letter constitutes a preservation notice. All parties are directed to:

☐ Cease any deletion, destruction, or alteration of evidence;

☐ Retain all documents, communications, metadata, and electronic records related to the deepfake content;

☐ Implement litigation holds preventing routine data deletion;

☐ Preserve server logs, access records, and payment information;

☐ Failure to preserve will result in sanctions, adverse inferences, and spoliation claims in any subsequent litigation.

Litigation Reservation

The Victim expressly reserves all rights and remedies available under state and federal law, including but not limited to:

☐ Criminal referral to state and federal law enforcement;

☐ Civil litigation seeking compensatory and punitive damages;

☐ Injunctive and declaratory relief;

☐ Attorney fees and costs;

☐ Statutory remedies under deepfake, copyright, defamation, and privacy statutes;

☐ Subpoenas and discovery for identifying the creator(s);

☐ Third-party claims against platforms for negligence, premises liability, or failure to act.

This demand does not constitute a waiver of any legal claims or remedies and does not limit the Victim's right to pursue alternative or additional relief.

Governing Law and Jurisdiction

This matter is governed by the laws of [_____________________], without regard to choice of law principles. The Victim reserves the right to pursue claims in any forum with subject matter and personal jurisdiction, including federal courts applying federal law (e.g., 15 U.S.C. § 6851, Copyright, Section 230 defenses).

Contact Information

Please direct all responses, confirmations, and correspondence to:

[________________________]
Attorney for [VICTIM NAME]
[Address]
[Phone]
[Email]

Dated: [__________________]

[VICTIM NAME or ATTORNEY SIGNATURE]
[Print Name and Title]

Sources and References

• Federal:
• 15 U.S.C. § 6851 (Civil action relating to disclosure of intimate images, VAWA 2022)
• 17 U.S.C. § 102 et seq. (Copyright)
• 17 U.S.C. § 512 (DMCA Takedown)

• 47 U.S.C. § 230 (Section 230, with carveouts)

• California:

• Cal. Civ. Code § 3344 (Right of Publicity)
• Cal. Civ. Code § 3344.1 (Digital representations)
• Cal. Assembly Bill 602 (Nonconsensual Deepfake Pornography, 2023)

• Cal. Assembly Bill 730 (Deepfake Media, 2023)

• Texas:

• Tex. Penal Code § 21.165 (Deepfake Pornography, 2023)

• Tex. Prop. Code § 26.002 (Right of Publicity)

• Virginia:

• Va. Code § 18.2-386.2 (Nonconsensual Deepfake Pornography, 2023)

• Va. Code § 8.01-40 (Right of Publicity)

• New York:

• N.Y. Civil Rights Law § 50–51 (Right of Privacy & Publicity)
• N.Y. S1042A (Deepfake Legislation, 2023)