The Anti-Deepfake Pornography Act, otherwise known as the Stopping Explicit Fake Images and Non-Consensual Edits (DEFIANCE) Act, passed the U.S. Senate on Thursday with a majority of 100 votes.
The bill, introduced by Sens. Dick Durbin (D-Ill.) and Lindsey Graham (R-South Carolina) and sponsored in the House of Representatives by Rep. Alexandria Ocasio-Cortez (D-New York), would essentially allow victims of deepfake porn to “sue those who use artificial intelligence to knowingly create, receive, or distribute non-consensual sexually explicit content.” GizmodoVictims are subject to a 10-year statute of limitations.
“The bill is one of the first to address the harms caused by AI in what is currently a self-regulating industry,” the outlet noted. “While it does not allow for criminal prosecutions, it is hoped to be a first step toward increased federal oversight.”
Alexandria Ocasio-Cortez said she pushed for the bill after being a victim of deepfake pornography. become a major problem in recent years.
GROSS: Instagram failed to remove AI-generated nude deepfakes of Indian celebrities and did nothing until Meta’s oversight board began investigating the matter. https://t.co/g0tVEeY2FE
—Breitbart News (@BreitbartNews) July 25, 2024
“Today marks an important step forward in the fight to protect victims of non-consensual deepfake pornography. More than 90 percent of deepfake videos produced contain non-consensual sexually explicit imagery, and 9 times out of 10, the target is women,” said Rep. Ocasio-Cortez. It said in a statement On Thursday.
“The DEFIANCE Act, for the first time, guarantees federal protections for victims of non-consensual deepfake pornography and provides them the right to bring civil lawsuits against individuals who knowingly create, distribute or receive non-consensual sexually explicit digital counterfeit material,” she added.
Actress Scarlett Johansson, who has become a victim of the deepfake porn phenomenon, Frankly admitted In a 2019 interview, he said the technology would be difficult to regulate.
“I believe this is a futile legal pursuit, as the internet is a giant dark wormhole that is eating away at itself,” Johansson said. “Sadly, the dark web is filled with far more sinister stuff than this. I believe it is up to the individual to assert their own image rights and seek damages.”
Johansson also expressed concern about how the law would affect women who have no public capital to protect their image.
“For me it’s a futile pursuit, but it’s a different situation than someone who loses their job because their image has been used in this way,” Johansson said.
Hundreds of advertisements for a sexual deepfake app featuring actresses Emma Watson and Scarlett Johansson have appeared on Facebook and Instagram in recent days. https://t.co/hQTVvKngw5
—Breitbart News (@BreitbartNews) March 9, 2023
Johansson correctly pointed out that a problem with regulating deepfake porn is the fact that some countries do not have the same laws regarding image rights as the U.S. “And each country has its own laws regarding image rights, so while you might be able to take down a site that uses your face in the U.S., the same rules might not apply in Germany. Even if you copyright a photo with your image in it, the same copyright laws don’t apply abroad. Sadly, I’ve been down this road many times,” he said.
“The fact is, trying to protect yourself from the internet and its maliciousness is, in most cases, a fundamentally futile endeavor,” Johansson acknowledged.
Johansson advised people to take extra precautions to protect their own image, no matter how strict Google and other websites may have policies against deepfake porn videos.
“People think that the internet is password protected and that only famous people or important people get hacked,” Johansson said, “but the truth is, there’s no difference between someone hacking my account and someone hacking the account of the person standing behind me in line at the grocery store. It just depends on whether someone has a desire to target you.”
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