A teenage victim of nonconsensual sexually explicit deepfakes joined forces with Rep. Joe Morelle, D-N.Y., on Tuesday to support a bipartisan bill aimed at criminalizing the sharing of such material at the federal level.
In May, Rep. Morelle introduced the Preventing Deepfakes of Intimate Images Act, a legislative effort referred to the House Judiciary Committee. Despite its introduction, no further action has been taken. The bill, aside from criminalizing the nonconsensual sharing of sexually explicit deepfakes, proposes creating a right of private action for victims, allowing them to sue creators and distributors of the material while maintaining their anonymity.
The surge in the production and dissemination of nonconsensual sexually explicit deepfakes, which often involve the use of AI to superimpose victims’ faces onto pornographic images or videos, has paralleled the increased accessibility of tools for generating such content. Websites dedicated to sharing and monetizing deepfakes have contributed to the issue. Presently, victims in the United States are bound by a patchwork of state laws addressing deepfakes, with no comprehensive federal legislation.
Since the introduction of the Preventing Deepfakes of Intimate Images Act last year, numerous new victims of deepfakes have come forward, including Francesca Mani, a high school student from New Jersey, who spoke at Tuesday’s news conference. Mani revealed that her school administration informed her on October 20 that male classmates had created and shared sexually explicit deepfakes involving her and more than 30 other girls. She stated she has never seen the images and was told they were destroyed.
Mani emphasized the urgency of addressing the issue, stating, “No kid, teen, or woman should ever have to experience what I went through. I felt sad and helpless. I’m here, standing up and shouting for change, fighting for laws so no one else has to feel as lost and powerless as I did on Oct. 20th. The glaring lack of laws speaks volumes.”
Rep. Morelle underscored the widespread nature of the problem, stating, “Deepfakes are happening every single day to women everywhere. This isn’t just celebrities. This is everyday people all over the United States.”
In response to the incident at Mani’s high school, Rep. Tom Kean, R.-N.J., became the first Republican co-sponsor of Rep. Morelle’s bill. Additionally, Rep. Kean introduced the AI Labeling Act of 2023 in November, a measure mandating clear and conspicuous disclosures on AI-generated content, including text from AI chatbots.
Concerns have been raised about the legislative inaction surrounding deepfakes, particularly in relation to their potential to disrupt the 2024 election cycle. Mary Anne Franks, a legal expert specializing in nonconsensual intimate imagery and an informant for the bill, emphasized that deepfakes have already targeted female politicians. At the news conference, Franks stated, “For women and girls, the AI threat is not around the corner. It is here.”