Editing Laws against synthesis and other related crimes

= Laws and their application =

== Law on synthetic filth in Virginia ==
<section begin=Virginia2019 />[[File:Marcus Simon.jpeg|thumb|right|108px|Homie [[w:Marcus Simon|w:Marcus Simon]] ([http://marcussimon.com/ marcussimon.com]) is a Member of the [[w:Virginia House of Delegates]] and a true pioneer in legislating against synthetic filth.]] Since July 1 2019<ref>

{{Cite web 
| url=https://www.fauquier.com/news/new-state-laws-go-into-effect-july/article_6e2e16c8-96b7-11e9-88d0-83a8852ef3eb.html 
| title=New state laws go into effect July 1
}}

</ref> [[w:Virginia]] [[w:criminalization|w:has criminalized]] the sale and dissemination of unauthorized synthetic pornography, but not the manufacture.<ref name="Virginia2019Chapter515">
{{cite web
 | url = https://law.lis.virginia.gov/vacode/18.2-386.2/
 | title = § 18.2-386.2. Unlawful dissemination or sale of images of another; penalty.
 | last =
 | first =
 | date = 
 | website = 
 | publisher = [[w:Virginia]]
 | access-date = 2021-01-23
 | quote = }}

</ref>, as [https://law.lis.virginia.gov/vacode/18.2-386.2/ § 18.2-386.2 titled ''''''Unlawful dissemination or sale of images of another; penalty.''''''] became part of the '''[[w:Code of Virginia]]'''. The law text states: "''Any person who, with the [[w:Intention (criminal law)|w:intent]] to [[w:coercion|w:coerce]], [[w:harassment|w:harass]], or [[w:intimidation|w:intimidate]], [[w:Malice_(law)|w:malicious]]ly [[w:dissemination|w:disseminates]] or [[w:sales|w:sells]] any videographic or still image created by any means whatsoever that depicts another person who is totally [w:[nudity|nude]], or in a state of undress so as to expose the [[w:sex organs|w:genitals]], pubic area, [[w:buttocks]], or female [[w:breast]], where such person knows or has reason to know that he is not [[w:license]]d or [[w:authorization|w:authorized]] to disseminate or sell such videographic or still image is guilty of a Class 1 [[w:Misdemeanor#United States|w:misdemeanor]].''".<ref name="Virginia2019Chapter515"/> The identical bills were [https://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+HB2678 House Bill 2678] presented by [[w:Delegate (American politics)|w:Delegate]] [[w:Marcus Simon]] to the [[w:Virginia House of Delegates]] on January 14 2019 and three day later an identical [https://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+SB1736 Senate bill 1736] was introduced to the [[w:Senate of Virginia]] by Senator [[w:Adam Ebbin]]. 
<section end=Virginia2019 />

== Law on synthetic filth in Texas ==
<section begin=Texas2019 />Since September 1 2019 [[w:Texas]] senate bill [https://capitol.texas.gov/tlodocs/86R/billtext/html/SB00751F.htm '''SB 751'''] [[w:amendment]]s to the election code came into effect, giving [[w:candidates]] in [[w:elections]] a 30-day protection period to the elections during which making and distributing digital look-alikes or synthetic fakes of the candidates is an offense. The law text defines the subject of the law as "''a  video, created with the intent to deceive, that appears to depict a real person performing an action that did not occur in reality''"<ref name="TexasSB751">

{{cite web
 |url= https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=SB751
 |title= Relating to the creation of a criminal offense for fabricating a deceptive video with intent to influence the outcome of an election
 |last=
 |first=
 |date= 2019-06-14
 |website=
 |publisher= [[w:Texas]]
 |access-date= 2021-01-23
 |quote= In  this  section,  "deep  fake  video"  means  a  video, created with the intent to deceive, that appears to depict a real person performing an action that did not occur in reality}}

</ref>

<section end=Texas2019 />

== Law on synthetic filth in California ==
<section begin=California2020 />[[File:Marc Berman.jpg|thumb|120px|left|Homie [[w:Marc Berman|w:Marc Berman]], a righteous fighter for our human rights in this age of industrial disinformation filth and a member of the [[w:California State Assembly]], most loved for authoring [https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB602 AB-602], which came into effect on Jan 1 2020, banning both the manufacturing and [[w:digital distribution]] of synthetic pornography without the [[w:consent]] of the people depicted.]] January 1 2020 <ref name="KFI2019">

{{cite web
 |url= https://kfiam640.iheart.com/content/2019-12-30-here-are-the-new-california-laws-going-into-effect-in-2020/
 |title= Here Are the New California Laws Going Into Effect in 2020
 |last= Johnson
 |first= R.J.
 |date= 2019-12-30
 |website= [[KFI]]
 |publisher= [[iHeartMedia]]
 |access-date= 2021-01-23
 |quote=}}

</ref> the [[w:California]] [[w:State law (United States)|w:US state law]] [https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB602 AB-602] came into effect banning the manufacturing and [[w:digital distribution]] of synthetic pornography without the [[w:consent]] of the people depicted.  AB-602 provides victims of synthetic pornography with [[w:injunction|w:injunctive relief]] and poses legal threats of [[w:statutory damages|w:statutory]] and [[w:punitive damages]] on [[w:criminal]]s making or distributing synthetic pornography without consent. The bill AB-602 was signed into law by California [[w:Governor (United States)|w:Governor]] [[w:Gavin Newsom]] on October 3 2019 and was authored by [[w:California State Assembly]] member [[w:Marc Berman]].<ref name="CNET2019">

{{cite web
 | last = Mihalcik
 | first = Carrie
 | title = California laws seek to crack down on deepfakes in politics and porn
 | website = [[w:cnet.com]]
 | publisher = [[w:CNET]]
 | date = 2019-10-04
 | url = https://www.cnet.com/news/california-laws-seek-to-crack-down-on-deepfakes-in-politics-and-porn/
 | access-date = 2021-01-23 
}}

</ref>
<section end=California2020 />

== Law on synthetic filth in China ==
<section begin=China2020 />On January 1 2020 Chinese law requiring that synthetically faked footage should bear a clear notice about its fakeness came into effect. Failure to comply could be considered a [[w:crime]] the [[w:Cyberspace Administration of China]] stated on its website. China announced this new law in November 2019.<ref name="Reuters2019">

{{cite web
 | url = https://www.reuters.com/article/us-china-technology/china-seeks-to-root-out-fake-news-and-deepfakes-with-new-online-content-rules-idUSKBN1Y30VU
 | title = China seeks to root out fake news and deepfakes with new online content rules
 | last =
 | first =
 | date = 2019-11-29
 | website = [[w:Reuters.com]]
 | publisher = [[w:Reuters]]
 | access-date = 2021-01-23
 | quote = }}

</ref> The Chinese government seems to be reserving the right to prosecute both users and [[w:online video platform]]s failing to abide by the rules. <ref name="TheVerge2019">

{{cite web
 | url = https://www.theverge.com/2019/11/29/20988363/china-deepfakes-ban-internet-rules-fake-news-disclosure-virtual-reality
 | title = China makes it a criminal offense to publish deepfakes or fake news without disclosure
 | last = Statt
 | first = Nick
 | date = 2019-11-29
 | website = 
 | publisher = [[w:The Verge]]
 | access-date = 2021-01-23
 | quote = }}

</ref>

<section end=China2020 />

== Law on synthetic filth in the UK ==
The UK law does not seem very up-to-date on the issue of synthetic filth.

The independent [[w:Law Commission (England and Wales)]] is currently reviewing the law as it applies to taking, making and sharing intimate images without consent. The outcome of the consultation is due to be published later in 2021.<ref>https://www.bbc.com/news/technology-55546372</ref>

"In 2019, law expert Dr Aislinn O’Connell told [[w:The Independent]] that our current laws on image sharing are piecemeal and not fit for purpose. In October 2018 The [[w:Women and Equalities Committee]] called on the UK Government to introduce new legislation on image-based sexual abuse in order to '''criminalise ALL''' non-consensual creation and distribution of intimate sexual images."<ref>https://www.change.org/p/the-law-comission-tighten-regulation-on-taking-making-and-faking-explicit-images</ref>

The petition [https://www.change.org/p/the-law-comission-tighten-regulation-on-taking-making-and-faking-explicit-images ''''''Tighten regulation on taking, making and faking explicit images'''''' at Change.org] by [[w:Helen Mort]] aims to petition the UK govt for proper legislation against synthetic filth. See the [[mediatheque]] for a video by Helen Mort on her ordeal of becoming the victim of covert disinformation attacks.

= Resources and reporting on law =
== AI and law in general ==
''' Reviews and regulation '''
From the '''[[w:Library of Congress]]''':

* [https://www.loc.gov/law/help/artificial-intelligence/index.php ''''''Regulation of Artificial Intelligence'''''' at loc.gov]
** [https://www.loc.gov/law/help/artificial-intelligence/compsum.php 'Regulation of Artificial Intelligence: Comparative Summary' at loc.gov] 
** [https://www.loc.gov/law/help/artificial-intelligence/international.php 'Regulation of Artificial Intelligence: International and Regional Approaches' (loc.gov)]
** [https://www.loc.gov/law/help/artificial-intelligence/americas.php 'Regulation of Artificial Intelligence: The Americas and the Caribbean' (loc.gov)]
** [https://www.loc.gov/law/help/artificial-intelligence/asia-pacific.php 'Regulation of Artificial Intelligence: East/South Asia and the Pacific' (loc.gov)]
** [https://www.loc.gov/law/help/artificial-intelligence/europe-asia.php 'Regulation of Artificial Intelligence: Europe and Central Asia' loc.gov] 
** [https://www.loc.gov/law/help/artificial-intelligence/middleeast-northafrica.php 'Regulation of Artificial Intelligence: Middle East and North Africa' (loc.gov)]
** [https://www.loc.gov/law/help/artificial-intelligence/africa.php 'Regulation of Artificial Intelligence: Sub-Saharan Africa' (loc.gov)]

'''[[w:Gibson, Dunn & Crutcher|w:Gibson Dunn & Crutcher]]''' (gibsondunn.com) publishes a quarterly legal update on 'Artificial Intelligence and Autonomous Systems'. Gibson Dunn & Crutcher is a global [[w:law firm|w:law firm]], founded in Los Angeles in 1890.
* [https://www.gibsondunn.com/artificial-intelligence-and-autonomous-systems-legal-update-4q18/ ''''''Artificial Intelligence and Autonomous Systems Legal Update'''''' Quarter 4 2018 at Gibson & Dunn]
* [https://www.gibsondunn.com/artificial-intelligence-and-autonomous-systems-legal-update-1q19/ 'Artificial Intelligence and Autonomous Systems Legal Update Quarter 1 2019']
* [https://www.gibsondunn.com/artificial-intelligence-and-autonomous-systems-legal-update-2q19/ 'Artificial Intelligence and Autonomous Systems Legal Update Quarter 2 2019']
* [https://www.gibsondunn.com/artificial-intelligence-and-autonomous-systems-legal-update-3q19/ 'Artificial Intelligence and Autonomous Systems Legal Update Quarter 3 2019']
* [https://www.gibsondunn.com/artificial-intelligence-and-automated-systems-legal-update-4q19/ 'Artificial Intelligence and Autonomous Systems Legal Update Quarter 4 2019']


''' From Europe'''
* [https://www.europarl.europa.eu/RegData/etudes/STUD/2020/634452/EPRS_STU(2020)634452_EN.pdf ''''''The ethics of artificial intelligence: Issues and initiatives'''''' (.pdf) at europarl.europa.eu], a March 2020 study by the [[w:European Parliamentary Research Service]] Starting from page 37 the .pdf lists organizations in the field.

== Synthetic filth and the law ==
* [https://scholarship.law.duke.edu/dltr/vol17/iss1/4/ 'Deepfakes: False Pornography Is Here and the Law Cannot Protect You'], published in 2019 in the [[w:Duke Law Journal|Duke Law Journal]], a student-run law review.

== The unfortunate countries that have banned full face veil ==
<big>'''France''' and '''Denmark''' are known to have done the uncivilized and have laws in place banning wearing a the full face veil in public.</big>

== Quotes on the current laws and their application ==
{{#lst:Quotes|FinalLineOfDefenseForTheTimeBeing}}

= Law proposals =

* '''Audience''': Developed with suitability for national, supranational and UN treaty levels. 
* '''Writing context''': 
** Written from context of inclusion to '''criminal codes'''. 
** I'm a Finn so this has been worded to fit in the [https://www.finlex.fi/fi/laki/ajantasa/1889/18890039001#L24 Chapter 24 of the Criminal Code of Finland (in Finnish at finlex.fi)] titled "''Offences against privacy, public peace and personal reputation''" 
** [https://www.finlex.fi/fi/laki/kaannokset/1889/en18890039 Access the English translations of the Finnish Criminal Code at finlex.fi] or [https://www.finlex.fi/fi/laki/kaannokset/1889/en18890039_20150766.pdf go straight to the latest .pdf from 2016]. Chapter 24 starts on page 107.
* '''History''': This version is an evolution of a Finnish language original written in 2016.


Existing law in <big>Chapter 24. of the Finnish Criminal Code - "''Offences against privacy, public peace and personal reputation''"</big> seems to be ineffective against many [[synthetic human-like fakes|synthetic human-like fake attack]] and seems it could be used to frame victims for crimes with [[synthetic human-like fakes#Digital sound-alikes|digital sound-alikes]].

The portions affected by or affecting the synthetic filth situation in bold font:

* Section 1 - Invasion of domestic premises (879/2013)
* Section 1(a) - '''Harassing communications''' (879/2013)
* Section 2 - Aggravated invasion of domestic premises (531/2000)
* Section 3 - Invasion of public premises (585/2005)
* Section 4 - Aggravated invasion of public premises (531/2000)
* Section 5 - '''Eavesdropping''' (531/2000)
* Section 6 - '''Illicit observation''' (531/2000)
* Section 7 - '''Preparation of eavesdropping or illicit observation''' (531/2000)
* Section 8 - '''Dissemination of information violating personal privacy''' (879/2013)
* Section 8(a) - '''Aggravated  dissemination  of  information violating  personal privacy''' (879/2013)
* Section 9 - '''Defamation''' (879/2013)
* Section 10 - '''Aggravated defamation''' (879/2013)
* Section 11 - Definition (531/2000)
* Section 12 - '''Right to bring charges''' (879/2013)
* Section 13 - '''Corporate criminal liability''' (511/2011)

== Law proposals to ban covert modeling by [[User:Juho Kunsola|Juho Kunsola]] ==

[[File:The-diffuse-reflection-deducted-from-the-specular-reflection-Debevec-2000.png|thumb|right|260px|Subtraction of the diffuse reflection from the specular reflection. Image is scaled for luminocity. Diffuse reflection is acquired by placing polarizers in 90 degree angle and specular with 0 degree angle. 
<br /><br />
[[:File:Deb-2000-reflectance-separation.png|Original picture]]  by [[w:Paul Debevec|Debevec]] et al. - Copyright ACM 2000 https://dl.acm.org/citation.cfm?doid=311779.344855]]

=== Law proposal to ban covert modeling of human voice ===

==== §1 Covert modeling of a human voice ====
'''Acquiring''' such a '''model of a human's voice''', that '''deceptively resembles''' some '''dead''' or '''living''' person's voice model of human voice, possession, purchase, sale, yielding, import and export '''without the express consent of the target''' is '''punishable'''.

==== §2 Application of covert voice models ====
'''Producing''' and '''making available''' media from a covert voice model is '''punishable'''. 

==== §3 Aggravated application of covert voice models ====
If produced media is for a '''purpose''' to 
::* '''frame''' a '''human''' target or targets for '''crimes'''
::* to attempt '''extortion''' or 
::* to '''defame the target''', 
the crime should be judged as '''aggravated'''.

=== Law proposal to ban covert modeling of human appearance ===
<font color="red">'''Obs.'''</font> Should banning modeling people's appearance without explicit permission be pursued it must be <font color="green">formulated</font> so that this <font color="red">'''does not make'''</font> <big>'''[[Adequate Porn Watcher AI (concept)]]'''</big> <font color="red">illegal</font> / <font color="red">impossible</font>.

One would assume that collecting permissions to model each porn is not plausible, so the question is that can we ban covert modeling from non-pornographic pictures, while still retaining the ability to model all porn found on the Internet.

==== §1 Covert modeling of human appearance ==== 

'''Covertly acquiring''' 
::* A '''3D model'''
::* A '''[[Glossary#Bidirectional reflectance distribution function|7D bidirectional reflectance distribution function]]  model''' and similar in results, but technically different model
::* A '''direct-to-2D''' capable model and similar in results, but a technically different model

without '''without consent''' covert modeling of appearance is '''illegal'''. Also '''possession''', '''purchase''', '''sale''', '''yielding''', '''import''' and '''export''' of '''covert models''' are '''punishable'''.

==== §2 Aggravated covert modeling of human appearance ====
If a '''covert model''' of the '''head''' or the '''face''' is '''attached''' to a '''look-alike of a naked body''', regardless of whether that is '''synthetic''' or '''of human''', the crime should be judged as '''aggravated'''.

==== §3 Application of covert appearance models ====
'''Projection''' and '''making available''' media from covert models defined in §1 is '''punishable'''.


==== §4 Aggravated application of covert appearance models ====
If the projection is portrayed in a '''nude''' or '''sexual situation''' or used with the '''intent to frame for a crime''' or for '''blackmail''', the crime should be judged as '''aggravated'''.

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= References =
<references />