Which States Have Passed Deepfake Porn Laws?

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Which States Have Passed Deepfake Porn Laws?

Sep 5, 2024

The rise of deepfake porn legislation is sparking heated debates across the United States. As technology advances, lawmakers are scrambling to address the growing concern over nonconsensual deepfakes and their impact on individuals’ privacy and well-being. But what exactly is being done to combat this issue? Let’s take a closer look at the current legislative landscape and its implications.

Federal Efforts to Combat Nonconsensual Deepfakes

While state-level initiatives are gaining momentum, federal lawmakers are also stepping up to the plate. Three significant pieces of legislation have been introduced in Congress:

  • The Defiance Act: Proposed by Alexandria Ocasio-Cortez, this bill would allow victims of deepfake pornography to sue creators, provided they can prove the content was made without their consent.
  • The Take It Down Act: Introduced by Ted Cruz, this legislation would require platforms to remove both revenge porn and nonconsensual deepfake porn.
  • The Protect Act: Introduced by Mike Lee, this bill would require adult and pornography websites to implement numerous security safeguards in an effort to protect victims of image-based sexual abuse (IBSA).

The Defiance Act, in particular, has garnered attention for its victim-centric approach. By empowering individuals to take legal action, it aims to create a deterrent effect against the creation and distribution of nonconsensual deepfakes.

On the other hand, the Take It Down Act and Protect Act both focus on platform responsibility. By mandating the removal of nonconsensual content, they seek to create a safer online environment. How platforms will implement such measures and what safeguards will be in place to prevent abuse of the takedown system remains part of ongoing discussions.

Despite bipartisan support for these measures, the wheels of federal legislation turn slowly. It could take years for these bills to become law, leaving many victims of deepfake porn and other forms of image-based sexual abuse without immediate recourse.

State Laws on AI-Generated Pornography

In response to the slow federal process, states are taking matters into their own hands. To date, 39 states have introduced some kind of legislation addressing nonconsensual deepfakes, 23 states have passed laws, four are still pending, and nine have struck proposals down.

How states have acted regarding nonconsensual deepfake laws can be summarized in the below image (via Wired.com and the US Census Bureau).

State Laws on AI-Generated Pornography

These state-level efforts vary in approach and scope:

  • Some states allow for both civil and criminal cases against perpetrators.
  • Others focus solely on either civil or criminal penalties.
  • Certain laws, like Mississippi’s recent legislation, specifically target the protection of minors.
  • Michigan’s package of nonconsensual deepfake bills serves as an interesting case study.

Republican state representative Matthew Bierlein, who co-sponsored the bills, sees Michigan as a potential regional leader in addressing this issue. He hopes that neighboring states will follow suit, making enforcement easier across state lines.

The diversity in state approaches reflects the complexity of the issue. Some states, like California, have taken a broader approach, addressing deepfakes in various contexts beyond pornography. Others, such as Virginia, have focused specifically on nonconsensual intimate imagery. This patchwork of laws creates a complex legal landscape for victims and law enforcement alike.

The Role of Technology Companies in Preventing Deepfake Porn

As legislation evolves, technology companies are also playing a crucial role in combating nonconsensual deepfakes. Major platforms like Facebook, Twitter, and Pornhub have implemented policies to detect and remove such content. However, the effectiveness of these measures remains a topic of debate.

Some companies are developing AI-powered tools to detect deepfakes, while others are exploring blockchain technology to verify the authenticity of digital content. These technological solutions, while promising, also raise questions about privacy and the potential for false positives.

Challenges in Enforcing Deepfake Porn Laws

While the legislative momentum is encouraging, enforcing these laws presents significant challenges:

  • Proving intent: Many laws require demonstrating that the creator intended to cause harm.
  • Identifying perpetrators: Tracing online activities to specific individuals can be difficult.
  • Jurisdictional issues: State laws may have limited power in addressing interstate or international cases.

Experts point out that the online nature of these crimes makes enforcement particularly tricky. If you can’t find a person behind an IP address, it’s difficult or even impossible to prove who the person is and prove intent.

The anonymity provided by the internet adds another layer of complexity to enforcement efforts. Perpetrators can use various tools and techniques to mask their identities, making it challenging for law enforcement to track them down. This anonymity not only complicates investigations but also emboldens some individuals to create and distribute nonconsensual deepfakes without fear of consequences.

The Impact of Deepfake Technology on Cybersecurity

The proliferation of deepfake technology extends beyond pornography, raising concerns about broader cybersecurity issues:

  • Sextortion scams are on the rise, with the FBI reporting an increase in cases.
  • Political deepfakes pose a threat to electoral integrity.
  • The need for comprehensive AI pornography regulations becomes increasingly apparent.

These concerns underscore the urgency for robust legal frameworks to address the multifaceted challenges posed by deepfake technology.

The potential for deepfakes to be used in financial fraud is particularly alarming. Imagine a scenario where a deepfake video of a CEO announces false information, causing stock prices to plummet. The economic implications of such an attack could be devastating. As a result, businesses are increasingly investing in deepfake detection technologies and training employees to be more vigilant.

The Psychological Impact on Victims

While much of the discussion around deepfake porn legislation focuses on legal and technological aspects, it’s crucial to consider the profound psychological impact on victims. The non-consensual use of someone’s likeness in pornographic content can lead to severe emotional distress, anxiety, and depression.

Victims often report feelings of violation, powerlessness, and shame. The knowledge that such content exists and could resurface at any time can have long-lasting effects on an individual’s personal and professional life. This psychological toll underscores the importance of not only legal remedies but also support systems and resources for victims.

The Future of Deepfake Porn Legislation

As the battle against nonconsensual deepfakes continues, several key developments are likely to shape the future of legislation in this area:

  • Potential federal laws to address interstate issues more effectively
  • Ongoing state-level initiatives to provide localized protections
  • A delicate balancing act between fostering innovation and protecting individuals from sexual abuse

The road ahead is complex, but the growing awareness and legislative efforts provide hope for more comprehensive protections against nonconsensual deepfakes.

One potential development is the creation of a national registry for deepfake content, similar to copyright registries. This could help victims track the spread of nonconsensual deepfakes and facilitate takedown requests across multiple platforms. However, such a system would need to be carefully designed to protect privacy and prevent misuse.

Another area of focus is likely to be education and prevention. As deepfake technology becomes more accessible, there’s a growing need for digital literacy programs that teach individuals how to protect their online presence and recognize manipulated content. Schools and workplaces may soon incorporate such training as part of their standard curriculum or professional development programs.

International Cooperation in Combating Deepfakes

The global nature of the internet means that nonconsensual deepfakes are not confined by national borders. As such, international cooperation will be crucial in effectively addressing this issue. Some countries, like China and South Korea, have already implemented strict regulations on deepfakes. Others are still in the early stages of developing their legal frameworks.

The European Union, known for its proactive stance on digital rights and privacy, is considering regulations that would require clear labeling of deepfake content. This approach could serve as a model for other regions, balancing the rights of creators with the need to protect individuals from harm.

As legislation evolves, we can expect to see more international treaties and agreements aimed at coordinating efforts to combat nonconsensual deepfakes. These collaborations will be essential in addressing the cross-border nature of cybercrime and ensuring that perpetrators cannot simply relocate to avoid prosecution.

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How to File a California Deepfake Porn Civil Lawsuit

Can you sue as a victim of deepfake pornography? In California, the answer is “yes.”

California was the first state in the nation to pass laws in an effort to combat deepfakes and provide victims with legal recourse.

In 2019, Governor Gavin Newsom signed Assembly Bill 602 (AB 602) and Assembly Bill 730 (AB 730) into law. AB 730 focuses on deepfakes which are created to influence political campaigns. AB 602 focuses on deepfakes depicting sexually explicit material.

California Bill Aims to Criminalize AI-Generated Nonconsensual Pornography

Under California Assembly Bill 602, which took effect on January 1, 2020, a private cause of action is created against a person who:

  • Creates and intentionally discloses sexually explicit material where the person knows or reasonably should have known the depicted individual did not consent to the creation or disclosure; or
  • Intentionally discloses sexually explicit material that the person did not create and the person knows that the depicted individual did not consent to the creation of the material. A “depicted individual” is an individual who appears, as a result of digitization, to be giving a performance they did not actually perform or to be performing in an altered depiction.

Accordingly, victims of sexually explicit deepfakes (of deepfake porn) may file civil lawsuits against either the individual who created the material and/or the company/website which hosted and allowed dissemination of the content.

As a victim of California deepfake porn, you may be able to recover the following damages/financial compensation through a civil claim with Dordulian Law Group’s sex crimes attorneys:

Can Anyone’s Internet Image be Turned Into Deepfake Nonconsensual Pornography?Can Anyone's Internet Image be Turned Into Deepfake Nonconsensual Pornography?

  1. Either (a) economic and noneconomic damages commensurate with emotional distress caused, or (b) statutory damages of at least $1,500 but no more than $30,00 (or, if the act was committed with malice, up to $150,000)
  2. Punitive damages;
  3. Attorney’s fees and costs;
  4. Injunctive relief

While websites and social media platforms such as Instagram, Facebook, and TikTok may not be taking the appropriate steps to curb deepfake porn content dissemination as recommended by regulators, California AB 602 has been hailed as an important step in helping to provide victims with an avenue for securing justice.

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To speak with a California deepfake porn lawyer for a free consultation, contact D Law Group at 866-GO-SEE-SAM. There is never any upfront fee for our expert legal services. You pay nothing until after we win your case and recover a financial damages award for you. If we don’t win, you don’t pay – it’s that simple.

FAQ (Frequently Asked Questions About Deepfake Pornography)

Researchers estimate that approximately 90% of deepfake videos are pornographic in nature, with the vast majority being nonconsensual content featuring women.

No, contrary to popular belief, many everyday people are also affected by nonconsensual deepfakes. The issue extends far beyond just public figures.

Depending on their location, victims may have legal recourse through state or federal laws. They should document the incident, report it to relevant platforms, and consider seeking legal advice.

While no method is foolproof, you can reduce your risk by being cautious about sharing personal images online, using strong privacy settings on social media, and staying informed about the latest deepfake detection technologies.

Our Sexual Assault Justice Experts are here to help survivors secure justice. Contact our top-rated attorneys online or by phone for a free consultation today.

Author

Samuel Dordulian

Samuel Dordulian, founder

Sam Dordulian is an award-winning sexual abuse lawyer with over 25 years' experience helping survivors secure justice. As a former sex crimes prosecutor and Deputy District Attorney for L.A. County, he secured life sentences against countless sexual predators. Mr. Dordulian currently serves on the National Leadership Council for RAINN.




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