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Technology
13 December 2024

New Legislation Tackles Dangers Of AI-Generated Deepfake Pornography

Legislators respond to increasing incidents of non-consensual explicit imagery with new protective laws and awareness campaigns

PHILADELPHIA – A troubling new chapter has opened up the conversation around artificial intelligence and its misuse, bringing to light the dangers of AI-generated deepfake pornography. One case has particularly shaken South Jersey, where Alyssa Rosa, a mother from the area, found herself the unwitting subject of unauthorized, explicit images created using AI technology.

Rosa shared her harrowing experience after discovering these images had been circulating without her consent. The shocking realization came when she was contacted by another woman who found the images on her boyfriend's phone. "That kind of content never existed of me before, and now it does, and it's completely without my consent," she recounted. Rosa expressed deep anger at this invasion of her privacy, questioning who would go to such lengths and the motivations behind such actions.

The investigation revealed the alleged perpetrator was someone Rosa had befriended on a dating app—a man who had access to her personal photos on social media. "He would comment on my photos, like, 'thank you,' 'you're so beautiful,'" Rosa recalled, underscoring the sense of betrayal she felt. What sent shivers down her spine was how the creator had reportedly claimed, "I made so many clips of what [insertive term] would do," showcasing the increasingly serious nature of this kind of digital violation.

This horror story isn't unique, and the growing prevalence of such AI-generated imagery has sparked calls for legislative changes to protect victims like Rosa. Responding to these disturbing developments, U.S. Representative Madeleine Dean from Pennsylvania has introduced the bipartisan No Fakes Act. This proposed legislation aims to establish legal frameworks around the creation and distribution of deepfakes, emphasizing the need for protective measures as technology continues to evolve rapidly.

"AI is moving so fast, and not all of its impacts are beneficial," Dean stated during her remarks. "We need guardrails to protect individuals' rights to their likeness and identity. With this act, we give property rights to our own voices and images." Her sentiment resonates deeply amid rising incidents where individuals, particularly women, are targeted through the creation of explicit deepfake material.

Alongside the No Fakes Act, Dean highlighted the necessity of additional bipartisan legislation working its way through Congress. This includes measures to penalize those who circulate such defamatory content and initiatives aimed at expediting the removal of harmful images from online platforms. The Shield Act, for example, seeks to create criminal penalties for the distribution of intimate visual depictions without consent, reinforcing the obligations of social media companies and enhancing legal recourse for victims.

Rosa, reflecting on her ordeal, expressed her hopes not only for justice but also for future legislation to deter potential offenders. She feels violated and fears the permanence of such digital content once it is online. "That's just way too much power for someone to have access to my likeness and do whatever they want," she stressed, highlighting the emotional fallout victims endure.

Similar protective measures are taking shape at the state level as well. Pennsylvania has taken strides to combat AI-generated sexual exploitation, including House Bill 125, which prohibits the creation of child sexual abuse images using AI. The Senate has also passed the Take Down Act, mandATING social media companies to remove sexually explicit content within 48 hours upon notice from victims.

State Senator Tracy Pennycuick joined the legislative effort, emphasizing the pressing need to address the upsurge of AI-generated pornography. "Children are the prime targets," she said, advocating for protective measures against this egregious exploitation. Her sentiments reflect growing concerns among lawmakers about the emotional distress AI-generated images inflict on victims and their families, often with lifelong consequences.

Pennsylvania officials are now speaking out, pointing to cases where vulnerable individuals, including minors, have been tricked or manipulated through technology to create exploitative content. Montgomery County District Attorney Kevin R. Steele echoed this worry, stating, "It’s very, very difficult to recover. Once it’s out there, it’s out there." The emotional scars left behind can be particularly devastating when victims are unable to erase the digital footprints of their exploitation.

With legislation being steered toward closing loopholes and establishing clear consequences for offenders, protective measures appear to be on the horizon. "We have to change with it so we can continue to protect children," Assistant Attorney General Angela Sperrazza added, maintaining cautious optimism over the progress being made against this form of corruption.

But with technology only advancing, experts caution against complacency. There’s growing concern about the ability of AI to create solutions even quicker than authorities can legislate against them. Proponents of strong legislation, such as the advocates backing the No Fakes Act, are urging for swift action to establish effective laws to combat the crisis of deepfake pornography.

Legislators on both sides of the aisle are recognizing this technology's dual potential to both innovate and harm, and the balance between its perks and pitfalls is increasingly becoming the focal point of legal discussions. With the No Fakes Act making its way, combined with other legislative initiatives, those affected by deepfake pornography can hope for increased protection and potentially hold violators accountable.