; or (B) as part of a legal proceeding; (2) a matter of legitimate public concern or public interest, except that it shall not be considered a matter of legitimate public interest or public concern solely because the depicted individual is a public figure; or (3) a disclosure reasonably intended to assist the identifiable individual. (f) In camera A court may authorize an in camera proceeding under this section. (g) Disclaimers It shall not be a defense to an action under this section that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material. (h) Limitations For purposes of this section, a provider of an interactive computer service shall not be held liable on account of— (1) any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions; or (2) any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions. . 3. Criminal action (a) In general Chapter 110 of title 18, United States Code, is amended by inserting after section 2252C the following: 2252D. Intimate digital depictions (a) Offense Whoever, in or affecting interstate or foreign commerce, discloses or threatens to disclose an intimate digital depiction— (1) with the intent to harass, annoy, threaten, alarm, or cause substantial harm to the finances or reputation of the depicted individual; or (2) with actual knowledge that, or reckless disregard for whether, such disclosure or threatened disclosure will cause physical, emotional, reputational, or economic harm to the depicted individual, shall be punished as provided under subsection (b). (b) Penalty Any person who commits an offense under subsection (a) shall be— (1) fined under this title, imprisoned for not more than 2 years, or both