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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[–] UnderpantsWeevil 1 points 1 month ago (1 children)

written for Taylor swift and not a random high schooler.

In a sane world, class action lawsuits would balance these scales.

there are fair use exceptions specifically to prevent copyright law from running afoul of the first amendment

Why would revenge porn constitute fair use? This seems more akin to slander.

[–] Asifall 1 points 1 month ago (1 children)

You keep referring to this as revenge porn which to me is a case where someone spreads nudes around as a way to punish their current or former partner. You could use AI to generate material to use as revenge porn, but I bet most AI nudes are not that.

Think about a political comic showing a pro-corporate politician performing a sex act with Jeff bezos. Clearly that would be protected speech. If you generate the same image with generative AI though then suddenly it’s illegal even if you clearly label it as being a parody. That’s the concern. Moreover, the slander/libel angle doesn’t make sense if you include a warning that the image is generated, as you are not making a false statement.

To sum up why I think this bill is kinda weird and likely to be ineffective, it’s perfectly legal for me to generate and distribute a fake ai video of my neighbor shooting a puppy as long as I don’t present it as a real video. If I generate the same video but my neighbor’s dick is hanging out, straight to jail. It’s not consistent.

[–] UnderpantsWeevil -1 points 1 month ago (1 children)

where someone spreads nudes around as a way to punish their current or former partner

I would consider, as an example, a student who created a vulgar AI porn display of another student or teacher out of some sense of spite an example of "revenge porn". Same with a coworker or boss trying to humiliate someone at the office.

Think about a political comic showing a pro-corporate politician performing a sex act with Jeff bezos.

That's another good example. The Trump/Putin kissing mural is a great example of something that ends up being homophobic rather than partisan.

it’s perfectly legal for me to generate and distribute a fake ai video of my neighbor shooting a puppy

If you used it to slander your neighbor, it would not be legal.

[–] Asifall 1 points 1 month ago (1 children)

That’s another good example. The Trump/Putin kissing mural is a great example of something that ends up being homophobic rather than partisan.

So you think it should be illegal?

If you used it to slander your neighbor, it would not be legal.

You’re entirely ignoring my point, I’m not trying to pass the video off as real therefore it’s not slander.

[–] UnderpantsWeevil 0 points 1 month ago

So you think it should be illegal?

I think it's an example of partisan language that ends up being blandly homophobic.

You’re entirely ignoring my point

Why would putting up a giant sign reading "My neighbor murders dogs for fun" be a tort but a mural to the same effect be protected?