THE SENATE UNANIMOUSLY passed a bipartisan bill to provide recourse to victims of porn deepfakes — or sexually-explicit, non-consensual images created with artificial intelligence.
The legislation, called the Disrupt Explicit Forged Images and Non-Consensual Edits (DEFIANCE) Act — passed in Congress’ upper chamber on Tuesday. The legislation has been led by Sens. Dick Durbin (D-Ill.) and Lindsey Graham (R-S.C.), as well as Rep. Alexandria Ocasio-Cortez (D-N.Y.) in the House.
The legislation would amend the Violence Against Women Act (VAWA) to allow people to sue those who produce, distribute, or receive the deepfake pornography, if they “knew or recklessly disregarded” the fact that the victim did not consent to those images.
So if I make AI porn of a celebrity but give her a face tattoo saying AI generated then its legal?
Doubt it, a reasonable person will generally be able to tell if you’re obviously taking the piss with the law. Feel free to try it and let us know how you get on though.
But that is not what the bill says, the reasonable person is not evaluating my intent, it’s evaluating if the video is “indistinguishable from an authentic visual depiction of the individual” which in this case it would be very distinguishable since the individual does not have said face tattoo.
How does your legal team compare to Scarlett Johansen’s? There’s your answer where the line is.
We’re not talking about Scarlets team here, what about Jane Doe?
When does parody/fair use come into play? If it’s a caricature of the person is that okay?
Ironically, the face tattoo might convince some people it’s real, since AI has a well known problem with writing coherent text.
I don’t think that’s what it means.
A depiction which is authentic might refer to provenance.
If someone authorises me to make a pornographic depiction of them, surely that’s not illegal. It’s authentic.
So it’s not a question of whether the depiction appears to be AI generated, it’s really about whether a reasonable person would conclude that the image is a depiction of a specific person.
That means tattoos, extra limbs, third books, et cetera won’t side step this law.