The U.S. Senate has unanimously passed the Disrupt Explicit Forged Images and Non-Consensual Edits (DEFIANCE) Act. This bipartisan legislation aims to provide legal recourse for victims of AI-generated explicit content, marking a crucial step in the fight against digital exploitation.
The DEFIANCE Act, led by Senators Dick Durbin (D-Ill.) and Lindsey Graham (R-S.C.), along with Representative Alexandria Ocasio-Cortez (D-N.Y.) in the House, seeks to amend the Violence Against Women Act (VAWA). Under this new legislation, individuals who have been victimized by deepfake pornography will have the right to sue those responsible for producing, distributing, or receiving such content if they knew or recklessly disregarded the fact that the victim did not consent.
BREAKING: The Senate unanimously passes Sen. Durbin’s bill to hold accountable those responsible for the proliferation of nonconsensual, sexually-explicit deepfakes.
— Senate Judiciary Committee (@JudiciaryDems) July 24, 2024
Deepfake technology, which uses artificial intelligence to create highly realistic but fake images and videos, has become increasingly sophisticated and accessible in recent years. This has led to a surge in nonconsensual explicit content, primarily targeting women and girls. According to statistics cited by lawmakers, over 90% of all deepfake videos are nonconsensual sexually explicit images, with women being the targets nine times out of ten.
The urgency of this issue came to the forefront earlier this year when explicit deepfake images of pop star Taylor Swift went viral on social media platforms. This high-profile incident, along with similar cases involving other celebrities and public figures, has drawn attention to the widespread nature of this problem and its potential for causing severe emotional distress and reputational damage.
Senate Majority Leader Chuck Schumer (D-N.Y.) emphasized the gravity of the situation, stating, “This isn’t just some fringe issue that happens to only a few people — it’s a widespread problem. These types of malicious and hurtful pictures can destroy lives. Nobody is immune, not even celebrities like Taylor Swift or Megan Thee Stallion. It’s a grotesque practice and victims of these deepfakes deserve justice.”
The DEFIANCE Act provides a ten-year statute of limitations for victims to pursue their cases, allowing for up to $150,000 in damages. This provision recognizes the long-lasting impact that such violations can have on an individual’s mental health and overall well-being.
Representative Ocasio-Cortez, who has been a victim of deepfake pornography herself, spoke candidly about the traumatic effects of these digital forgeries. “There’s a shock to seeing images of yourself that someone could think are real,” she explained in an interview with Rolling Stone. “And once you’ve seen it, you’ve seen it. It parallels the same exact intention of physical rape and sexual assault, [which] is about power, domination, and humiliation. Deepfakes are absolutely a way of digitizing violent humiliation against other people.”
The legislation also includes a detailed “findings” section, which outlines the ease with which generative AI can produce harmful content and the devastating effects on victims. Many survivors report experiencing anxiety, depression, and even suicidal thoughts as a result of their victimization.
While the DEFIANCE Act has passed the Senate, it still needs to clear the House of Representatives before it can be signed into law. Advocates are urging swift action, recognizing the urgent need for legal protections.
It’s worth noting that this legislation differs from previous attempts to address the issue of deepfakes. Earlier bills focused on criminal penalties, while the DEFIANCE Act takes a civil approach, empowering victims to seek justice through the courts. This shift in strategy may have contributed to its success in gaining bipartisan support in the Senate.
The passage of the DEFIANCE Act comes as states across the country are enacting similar measures to combat the threat of AI-generated explicit content. These efforts reflect a growing awareness of the potential for such technology to be used for exploitation and election interference.
Internationally, other countries are also grappling with this issue. In the United Kingdom, for example, the Criminal Justice Bill was recently amended to make the creation of sexually explicit deepfakes a criminal offense. However, the UK law focuses on the intentions of the perpetrator rather than the consent of the victim, highlighting the different approaches being taken around the world to address this complex problem.
As AI tools become more powerful and widely available, the need for comprehensive legislation to protect individuals from digital exploitation becomes increasingly urgent. The DEFIANCE Act represents a significant step forward in this regard, potentially serving as a model for future laws both in the United States and abroad.
Critics of the bill argue that it may face challenges in implementation, particularly in cases where the creators or distributors of deepfake content are located outside the United States. Additionally, some have raised concerns about potential conflicts with free speech protections. However, supporters maintain that the legislation strikes a necessary balance between protecting victims and preserving First Amendment rights.
The tech industry, which has largely been self-regulated when it comes to AI development, is also watching these developments closely. The DEFIANCE Act could signal a shift towards greater federal oversight of AI technologies, particularly those with the potential for causing harm.
As the bill moves to the House of Representatives, advocates are calling on lawmakers to act quickly to provide much-needed protections for victims of deepfake pornography. Representative Ocasio-Cortez has pledged to work across party lines to shepherd the bill through the House and get it to the president’s desk.
In conclusion, the unanimous passage of the DEFIANCE Act in the Senate marks a significant milestone in the fight against nonconsensual deepfake pornography. By providing victims with legal recourse and acknowledging the serious harm caused by these digital forgeries, the legislation takes an important step towards addressing a growing threat in our increasingly digital world. As technology continues to advance, it is crucial that our laws evolve to protect individuals from new forms of exploitation and abuse. The DEFIANCE Act represents a promising start in this ongoing effort to ensure justice and dignity for all in the digital age.