With the rise of AI creation tools, the threat of deepfakes and AI-generated misinformation poses a significant risk to democracy. This week, X owner Elon Musk shared a deepfake video of U.S. Vice President Kamala Harris making disparaging remarks about President Joe Biden. Musk dismissed concerns, calling the video a parody and asserting that “parody is legal in America.” However, such AI-generated deepfakes risk misleading many people.
In response, U.S. Senators Coons, Blackburn, Klobuchar, and Tillis introduced the bipartisan “NO FAKES” Act. The bill aims to penalize individuals or companies for producing, hosting, or sharing unauthorized digital replicas of individuals. Online services would be required to remove deepfakes upon notice from the affected person.
The act includes exceptions for First Amendment protections, such as documentaries, biographical works, and parodies. It seeks to create a national standard, preempting state laws on digital replicas.
While the bill is a step towards regulating deepfakes, challenges remain in proving the authenticity of content and enforcing removals. Despite potential gray areas, the legislation aims to impose stronger legal penalties on creators and hosts of unauthorized AI-generated likenesses.
You can read the full proposed bill here.
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