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Last year, WIRED reported that deepfake pornography was on the rise, and researchers 90 percent Seventy percent of deepfake videos are pornographic, and the vast majority of them involve women without their consent.But despite how pervasive the problem is, Columbia University researcher Kaylee Williams, who has tracked legislation around nonconsensual deepfakes, said she sees lawmakers focusing more on political deepfakes.
“Many states are more interested in protecting the integrity of their elections in that way than they are in addressing the issue of sexualized imagery,” she said.
Matthew Bierlein, a Republican congressman from Michigan and co-sponsor of the state’s non-consensual deepfakes bill, said he took on the issue after considering legislation on political deepfakes. “Our plan is to: [political deepfakes] “If they didn’t include a disclaimer to inform the public, that would be a violation of campaign finance laws,” said Bierlein, who said his work on political deepfakes led him to work with Democratic Representative Penelope Czernoglu, who was the driving force behind the non-consensual deepfakes bill.
Back in January, the Taylor Swift non-consensual deepfake scandal was making headlines. “We saw an opportunity to do something,” Bealine said. And because Michigan, unlike neighboring states, has a full-time legislature with well-paid staff, Bealine felt it was well-positioned to be a regional leader in the Midwest.Not in most states“I understand this is not just a Michigan issue, it’s a much bigger issue, but a lot of it starts at the state level,” he said. “Once we get this done, maybe Ohio will adopt this in their state legislature, maybe Indiana or Illinois will adopt something similar, and then it will be easier to enforce.”
But the penalties for creating or sharing deepfakes without consent, and who is protected, can vary widely from state to state. “The U.S. has a very inconsistent picture on this issue,” Williams says. “I think there’s a misconception recently that these laws have been passed across the country. I think what people are seeing is a lot of legislation being proposed.”
Some states allow you to bring both civil and criminal charges against the perpetrator, while others only allow one or the other. Recently enacted For example, Mississippi has been focusing on minors. Over the past year or so, A series of cases The law concerns middle and high school students using generative AI to create lewd images and videos of their classmates, especially girls. Other laws focus on adults, with lawmakers essentially updating existing laws banning revenge porn.
According to Williams, while there is broad agreement that deepfakes of non-consensual minors are an “intrinsically moral wrong,” the law is “muddy” on what is “ethical” when it comes to deepfakes of non-consensual adults. In many cases, laws and proposed legislation require people to prove intent that the purpose of creating and sharing non-consensual deepfakes was to harm the subject.
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