this post was submitted on 26 Jul 2024
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THE SENATE UNANIMOUSLY passed a bipartisan bill to provide recourse to victims of porn deepfakes — or sexually-explicit, non-consensual images created with artificial intelligence

The legislation, called the Disrupt Explicit Forged Images and Non-Consensual Edits (DEFIANCE) Act — passed in Congress’ upper chamber on Tuesday.  The legislation has been led by Sens. Dick Durbin (D-Ill.) and Lindsey Graham (R-S.C.), as well as Rep. Alexandria Ocasio-Cortez (D-N.Y.) in the House.

The legislation would amend the Violence Against Women Act (VAWA) to allow people to sue those who produce, distribute, or receive the deepfake pornography, if they “knew or recklessly disregarded” the fact that the victim did not consent to those images.

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[–] ArbitraryValue 8 points 3 months ago (3 children)

I was going to ask the same thing. Is a hand-drawn picture illegal?

[–] [email protected] 14 points 3 months ago (2 children)

From the text of the bill:

The term ‘digital forgery’ means any intimate visual depiction of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual depiction, that, when viewed as a whole by a reasonable person, is indistinguishable from an authentic visual depiction of the individual.

[–] [email protected] 10 points 3 months ago (1 children)
[–] [email protected] 1 points 3 months ago (1 children)

Unless you use a digital pen.

[–] [email protected] 1 points 3 months ago

No, because if you use a digital pen it still has to meet the threshold of being indistinguishable from the real thing

[–] ArbitraryValue 5 points 3 months ago* (last edited 3 months ago) (1 children)

Thanks. So photorealistic paintings are still legal, although I suppose they're not a big problem in practice. It's still weird that the method of creation matters, although "any other technological means" is pretty broad. Are paintbrushes a technology? Does using a digital camera to photograph a painting count as creating a visual depiction?

I'm vaguely worried about the first-amendment implications.

[–] [email protected] 8 points 3 months ago

I think it comes down to the last part - indistinguishable by a reasonable person as an authentic visual depiction. That'll be up to courts to decide, but I think a painting would be pretty obviously not an authentic visual depiction.

[–] [email protected] 10 points 3 months ago

This bill targets digital (computer made or altered) forgeries. Not hand-drawn sketches.

[–] [email protected] 1 points 3 months ago (1 children)
[–] [email protected] 4 points 3 months ago

No, it criminalizes anything created involving a computer that is realistic-looking.