Lawmakers propose anti-nonconsensual AI porn bill after Taylor Swift controversy

US lawmakers are proposing to let people sue over fake pornographic images of themselves after explicit AI-generated photos of Taylor Swift went viral. The Destroying Explicitly Falsified Images and Nonconsensual Editing (DEFIANCE) Act would add a civil right of action for private “digital forgery” that depicts an identifiable person without the person’s consent, allowing victims to sue anyone who “knowingly creates or The person who owns the image is charged financial damages. image, with the intention of spreading it.

The bill was introduced by Senate Majority Whip Dick Durbin (D-Illinois) and joined by Senators Lindsey Graham (D-South Carolina), Amy Klobuchar (D-Minnesota) and Josh Hawley (R-Mo.) also joined.It builds on a provision of the Violence Against Women Act Reauthorization Act of 2022 that added similar rights to sue NoFaking explicit images. Overall, the sponsor describes it as a response to the “exponential” increase in the number of digitally explicit AI images, citing Swift’s case as an example of how these fakes are “used to exploit and harass women.” – Especially public figures and politicians.” and celebrities. “

Artificial intelligence-processed pornographic images, often referred to as “deepfakes,” have become increasingly popular and sophisticated since the term was coined in 2017. Ready-made generative AI tools make them easier to produce, even on systems with guardrails against explicit images or impersonations, and they are used for harassment and blackmail. But so far, there are no clear legal remedies in many parts of the country. Nearly all states have passed laws banning non-simulated, non-consensual pornography, although it’s been a slow process. Far fewer people are making laws against simulated images. (No federal criminal law directly bans either type.) But it’s part of President Joe Biden’s artificial intelligence regulatory agenda, and White House press secretary Karine Jean-Pierre last week called on Congress to pass new laws in response to Taylor’s Swift Affair.

The Defiance Act was introduced in response to artificial intelligence-generated images, but it goes beyond that. It considers forgery to be caused by “software, machine learning, artificial intelligence, or any other computer-generated or technological means…that would appear to a reasonable person to be indistinguishable from a genuine visual depiction of an individual.” This includes genuine material that has been modified to appear sexually explicit. picture. Its language seems to work for older tools like Photoshop, as long as the results are realistic enough. Adding a label labeling an image as unrealistic does not eliminate responsibility either.

Lawmakers have introduced numerous bills targeting artificial intelligence and non-consensual pornography, but most have yet to pass. Earlier this month, lawmakers introduced the No Artificial Intelligence Scam Act, which would broadly ban the use of technology to impersonate someone without permission. However, sweeping imitation rules raise huge questions about artistic expression. It allows powerful figures to sue over political parody, reenactment or creative fictional treatment. The Defiance Act may raise some of the same issues, but it’s significantly more limited — though it still faces an uphill battle to pass.

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