United States Senate unanimously passed Tuesday’s bill to prosecute those who shoot or share deepfake porn. The DEFIANCE Act will allow victims to sue those who create, share, or own AI-generated sexual images or videos using their likenesses. The issue took root in the public consciousness after the infamous Taylor Swift cheating spread among the mean people online earlier this year.
The bill would allow victims to seek up to $150,000 in damages. That number increases to $250,000 if it involves attempted sexual assault, stalking or harassment.
It now moves to the House, where a companion bill awaits. Rep. Sponsored by Alexandria Ocasio-Cortez (D-NY). sister bill. If it passes there (which sounds likely given the unanimous nature of the Senate), it will go to President Biden’s desk for final passage.
Ocasio-Cortez: ‘It’s shocking to see pictures of yourself that people might think are real’ he said Rolling Stone earlier this year. “And once you’ve seen it, you’ve seen it. This parallels the same exact intent of physical rape and sexual assault, [which] it’s about power, dominance and humiliation. Deepfakes are entirely a way to digitize violent abuse against other people.
The bill, sponsored by Sen. Dick Durbin (D-IL), would allow victims of intimate digital hoaxes (deep hoaxes) to sue for damages. This would give victims a 10-year statute of limitations from the time the content was discovered or, in the case of minors (even more troubling), turning 18.
“As we know, artificial intelligence plays a bigger role in our lives than ever before, and while it has many advantages, it’s easier than ever to create deep, sexually explicit fakes without human consent,” said Senate Majority Leader Chuck Schumer (D-NY). ) he said on the Senate floor on Tuesday. “It is an appalling attack on someone’s privacy and dignity that these fake photos of them are being circulated on the internet without recourse.”
Schumer pointed to Swift and Megan Thee Stallion in her speech as two famous examples of victims of the types of content targeted by the bill. However, The Verge notes online sexist hoaxes have affected those with less influence (and money for lawyers) than A-list pop stars, such as high school girls, some of whom learned of their fabricated sexual images among their peers.
Fortunately, the bill provides that victims will be able to have their privacy protected during legal proceedings and recover court costs. “This is a grotesque practice, and the victims of these profound frauds deserve justice,” Schumer said.
