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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[–] [email protected] 119 points 10 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..

[–] [email protected] 52 points 10 months ago (2 children)

a rich-as-fuck celebrity, at that.

[–] [email protected] 47 points 10 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.

[–] [email protected] 30 points 10 months ago (2 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.

[–] [email protected] 8 points 10 months ago

"But my narrative!"

[–] Grandwolf319 6 points 10 months ago (1 children)

Okay, then why is it getting attention now though?

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[–] [email protected] 68 points 10 months ago* (last edited 10 months ago) (24 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.

[–] [email protected] 14 points 10 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.

[–] [email protected] 6 points 10 months ago (3 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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[–] [email protected] 51 points 10 months ago

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

[–] [email protected] 26 points 10 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.

[–] [email protected] 25 points 10 months ago (1 children)

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

[–] [email protected] 20 points 10 months ago (1 children)

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

[–] [email protected] 8 points 10 months ago (3 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.

[–] [email protected] 22 points 10 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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[–] [email protected] 5 points 10 months ago* (last edited 10 months ago) (4 children)

An alarming number of folks think the world is flat and the moon is made of cheese. We need a better standard than that.

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[–] [email protected] 19 points 10 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 9 points 10 months ago

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

[–] [email protected] 19 points 10 months ago

Alternate headline: Legislators Vow To Put Genie Back In Bottle

[–] [email protected] 18 points 10 months ago (1 children)
[–] [email protected] 17 points 10 months ago (7 children)

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

[–] [email protected] 8 points 10 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...

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[–] [email protected] 15 points 10 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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[–] [email protected] 11 points 10 months ago (9 children)

I don't get it. Why care? It's not her.

Maybe if they're making money of off her likeness. But without a money trail it just seems like chasing ghosts for not much reason.

[–] [email protected] 24 points 10 months ago

If you are interested to know you can search interviews with people who have been deepfaked in a sexual way where they explain how they feel and why they care.

[–] [email protected] 20 points 10 months ago (6 children)

Because it's gross, and they do it to minors now. and all they need are pictures of your kids from your social media profile. They even use AI to undress them.

[–] [email protected] 17 points 10 months ago (5 children)

Generating sexual images of minors is already illegal. And these images can be generated by anyone modestly technical on their computer, so you can't go after people for creating or posessing the images (except if they look too young), only distribution.

This is unfortunately theater and will do basically nothing. How does a person even know if they are deep fakes? Or consensual? Hell what's too close of a likeness, because some of those images didn't look that much like her and at least one was not even realistic.

I'm not saying it's cool people are doing this, just that enforcement of this law is going to be a mess. You wind up with weird standards like how on Instagram you can show your labia but only through sheer material. Are deep fakes fine if you run them through an oil painting filter?

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[–] [email protected] 16 points 10 months ago (5 children)

And here we have the real answer: prudism. "It's gross". And of course "think of the children". You don't have a real answer, you have fear mongering

[–] [email protected] 15 points 10 months ago (1 children)

I agree the issue is one of puritan attitudes toward sex and nudity. If no one gave a fuck about nude images, they wouldn't be humiliating, and if they weren't humiliating then the victim wouldn't really even be a victim.

However we live in the world we live in and people do find it embarrassing and humiliating to have nude images of themselves made public, even fakes, and I don't think it's right to tell them they can't feel that way.

They shouldn't ever have been made to feel their bodies are something to be embarrassed about, but they have been and it can't be undone with wishful thinking. Societal change must come first. But that complication aside, I agree with you completely.

[–] [email protected] 7 points 10 months ago (5 children)

Even without being puritan, there are just different levels of intimacy we are willing to share with different social circles - which might be different for everyone. It's fundamental to our happiness (in my opinion) to be able to decide for ourselves what we share with whom.

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[–] [email protected] 7 points 10 months ago (3 children)

So you would not mind if I send AI sex videos of you to your parents and friends? How about a video where you are sexually degraded playing in public space - how would you feel about that? Maybe you performing sexual acts that you find gross yourself? You just need a bit of empathy to understand that not everyone is into exhibitionism and wants intimate things become public.

[–] [email protected] 10 points 10 months ago (5 children)

I'd really prefer that people not send my parents any kind of porn.

I look at it like someone took my face out of a Facebook picture, printed it, cut it out, pasted it over some porn, and did the same thing.

It'd be a weird thing for them to do, but I don't really need to send the law after them for it. Maybe for harassment?

Laws have a cost, even good intentioned laws. I don't believe we need new ones for this.

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[–] [email protected] 9 points 10 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.

[–] [email protected] 9 points 10 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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[–] [email protected] 7 points 10 months ago

It's already impossible to stop.

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

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