this post was submitted on 31 Jan 2024
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A bipartisan group of US senators introduced a bill Tuesday that would criminalize the spread of nonconsensual, sexualized images generated by artificial intelligence. The measure comes in direct response to the proliferation of pornographic AI-made images of Taylor Swift on X, formerly Twitter, in recent days.

The measure would allow victims depicted in nude or sexually explicit “digital forgeries” to seek a civil penalty against “individuals who produced or possessed the forgery with intent to distribute it” or anyone who received the material knowing it was not made with consent. Dick Durbin, the US Senate majority whip, and senators Lindsey Graham, Amy Klobuchar and Josh Hawley are behind the bill, known as the Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2024, or the “Defiance Act.”

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[–] Merlin404@lemmy.world 71 points 8 months ago (1 children)

Tragic that they were a celebrity that had to go through it for them to do something. But when children or others have it happened to them, they just shrug..

[–] FuglyDuck@lemmy.world 28 points 8 months ago (2 children)

a rich-as-fuck celebrity, at that.

[–] Viking_Hippie@lemmy.world 29 points 8 months ago (2 children)

Probably helps that she's super white too.

This has been happening to AOC constantly since before she was first sworn in and it's been crickets.

When it happens once to the media's favourite white billionaire, though? THAT'S when they start to take it seriously.

[–] Ledivin@lemmy.world 19 points 8 months ago (3 children)

To be clear, this has been happening to Swift for years. She's been very public on the problem, and pays IIRC up to a million per year for a firm to get fakes taken down.

[–] HandBreadedTools@lemmy.world 4 points 8 months ago

"But my narrative!"

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[–] drmoose@lemmy.world 38 points 8 months ago* (last edited 8 months ago) (22 children)

What a weird populist law tbh. There's already an established law framework that covers this: defamation. Not a lawyer but it seems like this should be addressed instead of writing up some new memes.

They'll use this as an opportunity to sneak in more government spyware/control is my guess.

[–] quindraco@lemm.ee 10 points 8 months ago (1 children)

It's not defamation. And the new law will likely fail to hold up to 1A scrutiny, if the description of it is accurate (it often is not, for multiple reasons that include these bills generally changing over time). This is more of a free speech issue than photoshopping someone's head onto someone else's nude body, because no real person's head or body is involved, just an inhumanly good artist drawing a nude, and on top of that the law punishes possession, not just creation.

An example question any judge is going to have for the prosecutor if this goes to trial is how the image the law bans is meaningfully different from writing a lurid description of what someone looks like naked without actually knowing. Can you imagine going to jail because you have in your pocket a note someone else wrote and handed you that describes Trump as having a small penis? Or a drawn image of Trump naked? Because that's what's being pitched here.

[–] drmoose@lemmy.world 6 points 8 months ago (2 children)

It actually proposes "possession with the intention to distribute" which just show what a meme law this is. How do you determine the intention to distribute for an image?

And I disagree with your take that this can't be defamation. Quick googling says the general consensus is that this would fall in the defamation family of laws which makes absolute sense since a deepfake is an intentional misrepresentation.

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[–] PP_BOY_@lemmy.world 29 points 8 months ago

The 1% only look out for the 1%, remember that.

[–] sphericth0r@kbin.social 21 points 8 months ago

I believe libel laws already exist, but when you're in Congress you must make laws in a reactionary way otherwise considered thought and reason might begin to permeate the law. We wouldn't want that.

[–] leaky_shower_thought@feddit.nl 16 points 8 months ago (1 children)

individuals who produced or possessed the forgery with intent to distribute it

this is going to be a wild ride.

there's a scenario where the creator is not the leaker but angry people with forks won't even care of the distinction.

[–] Grandwolf319@sh.itjust.works 4 points 8 months ago

Wanna get someone arrested? Send them an email of a deepfake.

[–] theneverfox@pawb.social 13 points 8 months ago (1 children)

Hot take, but I feel like this is entirely the wrong direction to take. I feel like this will go badly in one of many ways if passed, and I feel like leaning into this would lead to a better world

Women, especially teachers, lose their jobs because their nudes leaked. This technology is in the wild, it can't be put back in the box. It can be done at home by a technically gifted teenager with a gaming computer. While this is certainly true, I don't think the common person will understand this until it's everywhere.

Yeah, I get that it must feel horribly violating, but imagine the world where we go the other direction - where nude pictures have no power, because anyone could have whipped them up.

Where the response to seeing them is anger or disgust, not fear

But my biggest concern is the fact that most technical people don't understand generative AI... There's no way in hell Congress grasps the concept. I'm scared to read the full wording of this bill

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[–] Zugyuk@lemmy.world 12 points 8 months ago (1 children)
[–] AlternatePersonMan@lemmy.world 11 points 8 months ago (1 children)

Why just nonconsensual sexual deep fakes? How about nonconsensual deep fakes of anything ?

[–] FuglyDuck@lemmy.world 8 points 8 months ago (1 children)

there is a place for deep fakes in satire. (albeit, they should be known as such,)

[–] AlternatePersonMan@lemmy.world 5 points 8 months ago (7 children)

I agree with the right to satire, but probably not as a deep fake. Comics, skits, etc., sure. Deep fakes are too convincing for an alarming number of folks.

[–] FuglyDuck@lemmy.world 10 points 8 months ago (2 children)

so how do you feel about skilled impersonators?

what if they're convincing? or are we going to allow just the shitty ones? or only if they offend the subject?

what you're proposing is a very slippery slope.

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[–] lolcatnip@reddthat.com 9 points 8 months ago

Alternate headline: Legislators Vow To Put Genie Back In Bottle

[–] Copernican@lemmy.world 8 points 8 months ago (2 children)

So what happens if a person allows their likeness to be 3d modeled and textured for something like a video game, and that 3d model is used to create explicit images. Is that not a problem (or maybe a different kind of problem) because it's not a deepfake and instead a use of a digital asset?

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[–] alienanimals@lemmy.world 7 points 8 months ago

It's already impossible to stop.

Also, doing something ONLY when a billionaire complains, is a very bad look.

[–] doingthestuff@lemmy.world 7 points 8 months ago (6 children)

So they can still make them the old school way using Photoshop?

[–] Asafum@lemmy.world 5 points 8 months ago

This is exactly what has me irritated about this whole nonsense... People have been doing that since Photoshop existed, but big scary AI is in the news now so we are going to attack it full force because people are using it in the way they've used everything that has similar capabilities...

Still no action on our actual issues though, just some performative bullshit to assist the truly needy of our society, billionaires...

[–] yamanii@lemmy.world 4 points 8 months ago (1 children)

That's still a digital forgery.

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[–] General_Effort@lemmy.world 6 points 8 months ago

This appears to be the bill: https://www.documentcloud.org/documents/24397944-defiance-act

For reference, this is the section getting altered: https://www.law.cornell.edu/uscode/text/15/6851

This looks to be an absolute shitshow. I fear it’ll be made even worse before it passes. Maybe they’ll curtail the abuse potential. Then again, maybe not. It may be seen as hurting the right people.

[–] theneverfox@pawb.social 4 points 8 months ago (1 children)

They're pretty convincing at first glance, but if you know what to look for it's easy to tell... Kind of like Photoshop

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