Combating the Menace of Nonconsensual Sexually Explicit Deepfakes: A Call for Federal Legislation

In the digital age, where technology has become an integral part of our lives, we face a growing threat that has the potential to inflict profound harm on individuals, particularly women and girls: the proliferation of nonconsensual sexually explicit deepfakes.

The Problem:

Deepfakes, a product of artificial intelligence (AI), involve the manipulation of images and videos to create realistic-looking content that can be indistinguishable from genuine material. While deepfakes have legitimate applications in entertainment and media, their use for creating nonconsensual sexually explicit content has emerged as a serious problem.

Magnitude of the Issue:

• The production and sharing of nonconsensual sexually explicit deepfakes have seen a significant rise, facilitated by the easy availability of deepfake creation tools and the existence of websites dedicated to sharing and profiting from such material.
• Currently, victims of deepfakes in the United States face a fragmented legal landscape, with a patchwork of state laws governing this issue. The absence of a comprehensive federal law leaves victims without adequate protection and recourse.

Impact on Victims:

• Nonconsensual sexually explicit deepfakes have devastating consequences for victims, causing emotional distress, humiliation, and a sense of helplessness.
• Victims often face online harassment, cyberbullying, and ostracism due to the widespread dissemination of these fake images and videos.
• The psychological impact of deepfakes can be severe, leading to depression, anxiety, and post-traumatic stress disorder (PTSD).

Legislative Response:

Recognizing the urgent need to address this growing crisis, lawmakers have taken steps to introduce federal legislation aimed at combating nonconsensual sexually explicit deepfakes.

Preventing Deepfakes of Intimate Images Act:

• In May 2023, Representative Joe Morelle (D-N.Y.) introduced the Preventing Deepfakes of Intimate Images Act, a bipartisan legislation that seeks to criminalize the nonconsensual sharing of such material at the federal level.
• This bill provides a much-needed legal framework to combat this harmful practice, establishing clear consequences for perpetrators.
• Additionally, the bill includes provisions for creating a private right of action, allowing victims to sue creators and distributors of deepfakes while maintaining their anonymity.

AI Labeling Act of 2023:

• Complementing the Preventing Deepfakes of Intimate Images Act, Representative Tom Kean (R-N.J.) introduced the AI Labeling Act of 2023.
• This bill addresses the broader issue of AI-generated content by requiring generative AI tools to clearly and conspicuously disclose when content is generated by AI, including text from AI chatbots.
• By promoting transparency and accountability, the AI Labeling Act aims to prevent the misuse of AI technology for malicious purposes.

Need for Swift Action:

Despite the introduction of these important legislative measures, there is a growing concern about the lack of progress in passing these bills. As the 2024 election cycle approaches, experts warn that deepfakes pose a significant threat to female politicians, who are often targeted with malicious intent.

Call for Action:

• The House Judiciary Committee must promptly review and advance the Preventing Deepfakes of Intimate Images Act to protect individuals from the harmful consequences of nonconsensual sexually explicit deepfakes.
• The House and Senate must recognize the urgency of this matter and swiftly pass both the Preventing Deepfakes of Intimate Images Act and the AI Labeling Act of 2023.
• Law enforcement agencies must be adequately trained and resourced to investigate and prosecute cases involving deepfakes, ensuring that perpetrators are held accountable.

Conclusion:

The fight against nonconsensual sexually explicit deepfakes is a battle for the protection of individual privacy, dignity, and safety. The passage of the Preventing Deepfakes of Intimate Images Act and the AI Labeling Act of 2023 is essential to safeguard the rights of victims, deter perpetrators, and ensure that the internet remains a safe space for all.