King Bill Fighting Online “Deep Fakes” Passes Senate Unanimously

July 29, 2024
WASHINGTON, D.C. —U.S. Senator Angus King (I-ME) welcomed news that his legislation fighting online “deep fakes” has passed the Senate unanimously. The bipartisanDisrupt Explicit Forged Images and Non-Consensual Edits Act of 2024(DEFIANCE Act) will protect Americans from sexually-explicit “deepfake” forgeries of their image or likeness, and permit victims to sue perpetrators for up to $150,000. This focuses on fake visual depictions created through the use of software, machine learning, artificial intelligence (AI), or any other computer-generated or technological means to falsely appear to be authentic.
The volume of “deepfake” content available online is increasing exponentially as the technology used to create it has become more accessible to the public and produced without the consent of the person depicted. A 2019 study found that 96 percent of deepfake videos were nonconsensual pornography.
“Artificial intelligence has the potential to dramatically improve and transform our way of life, but also introduces next generation threats that could be harmful to the American public, some of which could have catastrophic effects,“said Senator King.“TheDEFIANCE Actwill ensure that any American subject to AI-generated, sexually explicit content online can defend themselves and hold the perpetrators accountable. In the ever-evolving world of technology and artificial intelligence, we must be able to protect ourselves from people with bad intentions. I urge my colleagues in the House of Representatives to see the broad support this bill has and pass it swiftly, so we can better protect innocent Americans from having their lives and reputations thrown into chaos.”
Extremely powerful frontier AI could be misused by foreign adversaries, terrorists, and less sophisticated bad actors to cause widespread harm to the American public and threaten U.S. national security. While Congress considers how to approach new technology developments, Congress must prioritize AI’s potential implications. New laws or regulations should protect America’s competitive edge and avoid discouraging innovation and discovery.
In addition to Senator King, theDEFIANCE Actwas cosponsored by Senators Dick Durbin (D-IL), Lindsey Graham (R-SC), Amy Klobuchar (D-MN), Josh Hawley (R-MO), and Mike Lee (R-UT).
Senator King has been a leading voice in fighting threats from technology, having served as theCo-Chair of the Cyberspace Solarium Commission– which has had dozens of recommendations become law since its launch in 2019. As a member of the Senate Intelligence and Armed Services committees, Senator King has been a strong supporter of increased watermarking regulations. In a September 2023open Intelligence Committee hearing, King asked Dr. Yann LeCun – a New York University Professor of Computer Science and Data Science at New York University – about what is technologically feasible in terms of implementing watermarks (a small icon or caption) for users to discern between real and artificially created content. TheFY2024 National Defense Authorization Act legislation includesa Senator King-led provision to evaluate technology, including applications, tools, and models, to detect and watermark generative artificial intelligence. Additionally, he had an exchange during a hearing of theSenate Energy and Natural Resources Committee hearing,where he raised the question of what Congress and the private sector can do to combat fake and misinformation online. Most recently he joined a group of his colleagues indemanding answersfrom AI research company OpenAI after reports surfaced of safety and security concerns.
A one-pager of the legislation can be foundhere.
###