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If the law is adopted, victims will be able to go to court and demand compensation for damages creation and distribution of pornographic deepfakes without their consent.
AI-generated porn images of Taylor Swift have received millions of views on X and caused a huge public outcry. US legislators, meanwhile, have developed a separate draft of the Destruction of Explicitly Fake Images and Editing Without Consensus (DEFIANCE) Act, which would allow victims to subsequently take legal action and seek financial damages from those who “knowingly created or possessed” the image with the intent to distribute it.
As reported by The Verge, the project is based on a provision of the Violence Against Women Act, which was added in 2022 to a similar right of action regarding fake porn images. The bill's sponsors described it as a response to the “exponential increase in digital manipulation of explicit images generated by AI,” citing Swift's case as an example of how deepfakes can be used “to exploit and harass women—especially public figures, politicians or celebrities.”
Porn deepfakes, meanwhile, are spreading in astonishing numbers—Wired, citing an independent study, claims that Over the past 7 years, approximately 244,625 videos have been uploaded to the top 35 deepfake porn sites. Almost half of them were downloaded during the first nine months of 2023.
While the DEFIANCE Act was proposed in response to the influx of AI-generated images, it is not limited to it—deepfakes are any “intimate” sexual image created by “software, machine learning, artificial intelligence or any other computer or technological means… so that an intelligent person would be almost unable to distinguish it from an authentic visual depiction of a person.”
That is, this includes real photos modified in order to be more “sexually explicit” – the same Photoshop and similar tools also fall under the definition of , and the presence of a label designating an image as inauthentic does not relieve liability.
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