Rep. Darrell Issa just published a discussion draft of a bill that would amend the Lanham Act to include digital replicas within the scope of trademarks and to create a rebuttable presumption that the uanuthorized use of someone’s digital replica is likely to cause confusion.
Although the details will need to be ironed out, I prefer this kind of vertical approach of PADRA to addressing deepfakes for one specific context (right of publicity or trademark type concerns) over the broad, horizontal approach of the NO FAKES bill, which tries to cover a wide range of deepfake problems by recognizing a broad new federal digital replication right.
A vertical law is more likely to be narrowly tailored–and more likely to withstand First Amendment scrutiny.