Editing Laws against synthesis and other related crimes

This article contains some current laws against abusive uses of synthetic human-like fakes and also information what kind of laws are being prepared and two SSFWIKI original law proposals, [[#Law proposal to ban visual synthetic filth|one against digital look-alikes]] and [[#Law proposal to ban unauthorized modeling of human voice|one against digital sound-alikes]].

New bills are currently in the works in
* [[#China|China]] seems to be planning to ban all synthetic pornography, however consensual its making was
* New York State Senate is considering banning sending unsolicited nudes in New York Senate regular session 2021-2022
* The [[#EU|European Union]] is preparing a law package to regulate AI
* [[#Canada|Canada's House of Commons]] is considering banning all pornographic content, for which there is no proof-of-age and written consent from everybody visible in the pornographic recording.
* [[#UK|UK]]'s [[#Online Safety Bill|Online Safety Bill]] has been making progress and if passed would criminalize non-consensual synthetic pornography.

'''Information elsewhere''' (recommended)
* [https://www.responsible.ai/post/a-look-at-global-deepfake-regulation-approaches '''''A Look at Global Deepfake Regulation Approaches''''' at responsible.ai]
* [https://legaljournal.princeton.edu/the-high-stakes-of-deepfakes-the-growing-necessity-of-federal-legislation-to-regulate-this-rapidly-evolving-technology/ '''''The High Stakes of Deepfakes: The Growing Necessity of Federal Legislation to Regulate This Rapidly Evolving Technology''''' at legaljournal.princeton.edu]
 
= Canada =
== Active bills ==
=== Stopping Internet Sexual Exploitation Act - House of Commons of Canada bill C-270 ===

* [https://www.parl.ca/DocumentViewer/en/44-1/bill/C-270/first-reading House of Commons of Canada bill '''C-270''' ''''''Stopping Internet Sexual Exploitation Act'''''' at parl.ca], an act to amend the [[w:Criminal Code (Canada)|Criminal Code]] regarding pornography was first read to the Commons by [[w:Arnold Viersen]] on Thursday 2022-04-28 at 10:15. 

According to [https://www.townandcountrytoday.com/local-news/mp-submits-private-members-bill-for-second-time-5346232 townandcountrytoday.com] the author of the bill introduced an identical bill '''C-302''' on Thursday 2021-05-27, but that got killed off by oncoming federal elections

'''Stopping Internet Sexual Exploitation Act''' - '''An Act to amend the Criminal Code (pornographic material)''' is a private member's bill by Arnold Viersen ([https://www.arnoldviersen.ca/ Official Site at arnoldviersen.ca])

'''Summary of the C-270 from parl.ca'''

"''This enactment amends the Criminal Code to prohibit a person from making, distributing or advertising pornographic material for commercial purposes without having first ascertained that, at the time the material was made, '''each person''' whose image is '''depicted''' in the material was '''18 years of age''' or older and '''gave their express consent''' to their image being depicted.''"<ref name="Canada C-270">

{{cite web
|url=https://www.parl.ca/DocumentViewer/en/44-1/bill/C-270/first-reading
|title= Stopping Internet Sexual Exploitation Act - An Act to amend the Criminal Code (pornographic material)
|last=Viersen
|first=Arnold
|date=2022-04-28
|website=parl.ca
|publisher=[[w:House of Commons of Canada]]
|access-date=2022-10-06
|quote=}}


</ref>

'''Sommaire en français / Summary in French'''

''Le texte modifie le Code criminel afin d’interdire à toute personne de produire ou de distribuer du matériel pornographique à des fins commerciales, ou d’en faire la publicité, sans s’être au préalable assurée qu’au moment de la production du matériel, '''chaque personne''' dont l’image y est représentée '''était âgée de dix-huit ans''' ou plus et '''avait donné son consentement exprès''' à ce que son image y soit représentée''.<ref>Bilingual version of C-270 https://publications.gc.ca/collections/collection_2022/parl/XB441-270-1.pdf</ref>

'''Links'''

* [https://publications.gc.ca/collections/collection_2022/parl/XB441-270-1.pdf C-270 - ''Stopping Internet Sexual Exploitation Act'' in English et en français at publications.gc.ca] 
* [https://www.parl.ca/legisinfo/en/bill/44-1/C-270 Parliament of Canada LEGISinfo: C-270 - ''Stopping Internet Sexual Exploitation Act'' at parl.ca] in English
* [https://openparliament.ca/bills/44-1/C-270/ C-270 - ''Stopping Internet Sexual Exploitation Act'' at openparliament.ca] includes motivation of Mr. Arnold Viersen and the co-sponsor of the bill Mr.  Garnett Genuis.


'''Reporting'''
* [https://www.conservative.ca/mp-viersen-reintroduces-the-stopping-internet-sexual-exploitation-sise-act/ ''MP Viersen reintroduces the Stopping Internet Sexual Exploitation (SISE) Act'' at conservative.ca]

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= China =
== Law against synthesis crimes in China 2020 ==
[[File:Flag of China.png|thumb|right|200px|China passed a law requiring faked footage to be labeled as such]]

<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]] ([http://www.cac.gov.cn/ cac.gov.cn]) 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 />

== Draft bill against synthesis crimes China 2022 ==
The '''[[w:Cyberspace Administration of China]]''' has a new draft bill in 2022 called [https://www.chinalawtranslate.com/en/deep-synthesis-draft/ '''''Provisions on the Administration of Deep Synthesis Internet Information Services''''' (Draft for solicitation of comments) at chinalawtranslate.com] or [http://www.cac.gov.cn/2022-01/28/c_1644970458520968.htm view the Chinese language draft '''''国家互联网信息办公室关于《互联网信息服务深度合成管理规定（征求意见稿）》公开征求意见的通知''''' at cac.gov.cn]<ref group="1st seen in">'''Politico AI: Decoded''' mailing list Wednesday 2022-02-02</ref>

----

= EU =
== EU Law on AI 20?? ==
[[File:Flag of Europe.svg|thumb|right|200px|The EU must address the malicious uses of AI in the law it is planning to regulate AI.]]
The European Union is planning a law on AI

* Read [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52021PC0206 Proposal for a '''''REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL LAYING DOWN HARMONISED RULES ON ARTIFICIAL INTELLIGENCE (ARTIFICIAL INTELLIGENCE ACT) AND AMENDING CERTAIN UNION LEGISLATIVE ACTS''''' at eur-lex.europa.eu]<ref group="1st seen in">https://artificialintelligenceact.eu/the-act/ via https://futureoflife.org/ newsletter</ref> (also contains translations)

* https://artificialintelligenceact.eu/ is a website on the planned law by the [https://futureoflife.org/ Future of Life Institute], an American non-profit NGO.

* [https://digital-strategy.ec.europa.eu/en/policies/digital-services-act-package '''The Digital Services Act package''' at digital-strategy.ec.europa.eu] [[w:Digital Services Act]] (DSA) came into force in November 2022.<ref>https://www.responsible.ai/post/a-look-at-global-deepfake-regulation-approaches</ref>

* [https://digital-strategy.ec.europa.eu/en/policies/code-practice-disinformation '''The 2022 Code of Practice on Disinformation''' at digital-strategy.ec.europa.eu] - ''Major online platforms, emerging and specialised platforms, players in the advertising industry, fact-checkers, research and civil society organisations delivered a strengthened Code of Practice on Disinformation following the Commission’s Guidance of May 2021''.<ref>https://digital-strategy.ec.europa.eu/en/policies/code-practice-disinformation</ref>

* [https://www.europarl.europa.eu/RegData/etudes/STUD/2021/690039/EPRS_STU(2021)690039_EN.pdf '''''Tackling deepfakes in European policy''''' (.pdf) at europarl.europa.eu], a 2021 study by the Panel for the Future of Science and Technology and published by the [[w:European Parliamentary Research Service]].

----

= Finland =
== Laws in Finland ==
=== Law on sexual offences in Finland 2023 ===
{{#lst:Law on sexual offences in Finland 2023|what-is-it}}

=== Finland criminalized synthetic CSAM in 2011 ===
{{#lst:Law on sexual offences in Finland 2023|history}}
----
= South Africa =
[[File:Flag of the Republic of South Africa.svg|thumb|right|200px|[https://www.gov.za/documents/cybercrimes-act-19-2020-1-jun-2021-0000 South Africa's relatively new Cybercrimes Act (Cybercrimes Act 19 of 2020)] has been enacted only partially on Dec 1 2021]]

== Cybercrimes Act 19 of 2020 ==
[https://www.gov.za/documents/cybercrimes-act-19-2020-1-jun-2021-0000 '''South-Africa Cybercrimes Act 19 of 2020''' (English / Afrikaans) at gov.za]<ref group="1st seen in">https://www.dailymaverick.co.za/article/2021-12-01-not-all-of-the-cogs-in-the-cybercrimes-act-machine-are-turning-at-once-we-still-remain-vulnerable/</ref> came only partially into effect on Wednesday 2021-12-01.<ref>https://www.dailymaverick.co.za/article/2021-12-01-not-all-of-the-cogs-in-the-cybercrimes-act-machine-are-turning-at-once-we-still-remain-vulnerable/</ref>

'''Links'''
* [https://cybercrimesact.co.za/ '''Cybercrimes Act''' at cybercrimesact.co.za] by Accessible Law contains the law in website format

'''Reporting'''
* [https://www.dailymaverick.co.za/article/2021-12-01-not-all-of-the-cogs-in-the-cybercrimes-act-machine-are-turning-at-once-we-still-remain-vulnerable/ '''''Not all of the cogs in the Cybercrimes Act machine are turning at once — we still remain vulnerable''''' at dailymaverick.co.za]

----
= Singapore =
== Law in Singapore ==
=== Protection from Online Falsehoods and Manipulation Act 2019 ===


[[w:Protection from Online Falsehoods and Manipulation Act 2019]]<ref group="1st seen in" name="ChatGPT 2023 inquiry" /> is a [[w:statute]] of the [[w:Parliament of Singapore]] that enables authorities to tackle the spread of [[w:fake news]] or [[w:false information]]. ([https://en.wikipedia.org/w/index.php?title=Protection_from_Online_Falsehoods_and_Manipulation_Act_2019&oldid=1134029282 Wikipedia])

----

= UK =
== The Domestic Abuse Act 2021 Chapter 17, part 6 - Disclosure of private sexual photographs and films ==
'''[[w:Domestic Abuse Act 2021]]''' / [https://www.legislation.gov.uk/ukpga/2021/17/contents/enacted Chapter 17] / [https://www.legislation.gov.uk/ukpga/2021/17/part/6/enacted Part 6 - ''Offences involving abusive or violent behaviour''] / [https://www.legislation.gov.uk/ukpga/2021/17/part/6/crossheading/disclosure-of-private-sexual-photographs-and-films/enacted ''Disclosure of private sexual photographs and films'' - ''Threats to disclose private sexual photographs and films with intent to cause distress'']

According to the UK-based [https://revengepornhelpline.org.uk/ '''Revenge Porn Helpline''' at revengepornhelpline.org.uk] article [https://revengepornhelpline.org.uk/information-and-advice/need-help-and-advice/threats-to-share-intimate-images/ '''''What to do if someone is threatening to share your intimate images'''''] threats to share intimate images with the intent to cause distress is now an offense in UK law. This is included within the '''[[w:Domestic Abuse Act 2021]]''' which was enacted into UK law on 29th June 2021.<ref>https://revengepornhelpline.org.uk/information-and-advice/need-help-and-advice/threats-to-share-intimate-images/</ref>

We don't know quite yet if the bug has been fixed, that if the pictures <u>are not pictures of you</u>, but [[synthetic human-like fakes]] the police cannot do anything.

'''Links'''
* [https://www.legislation.gov.uk/ukpga/2021/17/part/6/crossheading/disclosure-of-private-sexual-photographs-and-films/enacted '''Domestic Abuse Act 2021''' / '''Chapter 17''' / '''Part 6''' / '''''Disclosure of private sexual photographs and films''''' - '''''Threats to disclose private sexual photographs and films with intent to cause distress''''' at legislation.gov.uk]

== Online Safety Bill ==
UK's [https://bills.parliament.uk/bills/3137 '''HL Bill 151''' - '''''Online Safety Bill''''' at bills.parliament.uk] has been making progress and if passed would criminalize non-consensual synthetic pornography. The bill originated from the House of Commons sessions 2021-22 2022-23.

* [https://www.gov.uk/guidance/a-guide-to-the-online-safety-bill ''A guide to the Online Safety Bill'' at gov.uk]
* [https://www.gov.uk/government/collections/online-safety-bill ''Documents, publications and announcements relating to the government's Online Safety Bill'' at gov.uk]

== Law against synthesis crimes in the UK ==
[[File:Flag of the United Kingdom.svg|thumb|right|200px|The UK needs to improve its legislation. Please [https://www.change.org/p/the-law-comission-tighten-regulation-on-taking-making-and-faking-explicit-images sign the petition initiated by Helen Mort] in late 2020.]]
[[File:Helen Mort (2014).jpg|thumb|right|245px|[[w:Helen Mort]] is a British poet, novelist and activist against [[synthetic human-like fakes]]. Please sign 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] originated by her and to be delivered to the [[w:Law Commission (England and Wales)]] and the prime minister.]]

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 name="BBC2021">

{{cite web
 |url = https://www.bbc.com/news/technology-55546372
 |title = 'Deepfake porn images still give me nightmares'
 |last = Royle
 |first = Sara
 |date = 2021-01-05
 |website = [[w:BBC Online]]
 |publisher = [[w:BBC]]
 |access-date = 2021-01-31
 |quote = She alerted the police to the images but was told that no action could be taken. Dr Aislinn O'Connell, a lecturer in law at Royal Holloway University of London, explained that Helen's case fell outside the current law.}}

</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 name="MortPetition2020">

{{cite web
 |url = https://www.change.org/p/the-law-comission-tighten-regulation-on-taking-making-and-faking-explicit-images
 |title = Change.org petition: 'Tighten regulation on taking, making and faking explicit images'
 |last = Mort
 |first = Helen
 |date = 2020
 |website = [[w:Change.org]]
 |publisher = [[w:Change.org]]
 |access-date = 2021-01-31
 |quote = Unlike other forms of revenge porn, creating pictures or videos like this is not yet illegal in the UK, though it is in some places in the US. The police were unable to help me.}}


</ref> This call is for similar laws as California put in place on January 1 2020.

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.

----

= USA =
* [https://www.congress.gov/legislative-process/introduction-and-referral-of-bills '''The Legislative Process: Introduction and Referral of Bills (Video)''' at congress.gov]
* {{#lst:Glossary|US-Congress-glossary}}

== Law against synthesis crimes in Virginia 2019 ==
=== Code of Virginia § 18.2-386.2. Unlawful dissemination or sale of images of another; penalty ===
[[File:Flag of Virginia.svg|thumb|right|200px|[[w:Virginia]], an avant-garde state. Motto "[[w:Sic semper tyrannis]]"]]

<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 section [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]]'''. 

[https://law.lis.virginia.gov/vacode/ '''Code of Virginia''' (TOC)] » [https://law.lis.virginia.gov/vacode/title18.2/ '''Title 18.2.''' Crimes and Offenses Generally] » [https://law.lis.virginia.gov/vacode/title18.2/chapter8/ '''Chapter 8.''' Crimes Involving Morals and Decency] » [https://law.lis.virginia.gov/vacodefull/title18.2/chapter8/article5/ '''Article 5.''' Obscenity and Related Offenses] » '''Section''' [https://law.lis.virginia.gov/vacode/18.2-386.2/ § '''18.2-386.2.''' Unlawful dissemination or sale of images of another; penalty]

The [https://law.lis.virginia.gov/vacode/18.2-386.2/ section '''§ 18.2-386.2. Unlawful dissemination or sale of images of another; penalty.''' of Virginia] is as follows: 

'''A'''. ''Any [[w: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 [[w:Depiction|w:depicts]] another person who is totally [[w:nudity|w: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 [[w:Video|w:videographic]] or [[w:Film still|w:still image]] is [[w:Guilt (law)|w:guilty]] of a Class 1 [[w:Misdemeanor#United States|w:misdemeanor]]. ''
::For purposes of this subsection, "another person" includes a person whose image was used in creating, adapting, or modifying a videographic or still image with the intent to depict an actual person and who is recognizable as an actual person by the person's  [[w:face]], [[w:Simulacrum|w:likeness]], or other distinguishing characteristic.''

'''B'''. ''If a person uses [[w:Service (economics)|w:services]] of an [[w:Internet service provider]], an electronic mail service provider, or any other information service, system, or access software provider that provides or enables computer access by multiple users to a computer server in committing acts prohibited under this section, such provider shall not be held responsible for violating this section for content provided by another person.''

'''C.''' ''Venue for a prosecution under this section may lie in the [[w:jurisdiction]] where the unlawful act occurs or where any videographic or still image created by any means whatsoever is produced, reproduced, found, stored, received, or possessed in violation of this section.''

'''D.''' ''The provisions of this section shall not preclude prosecution under any other [[w:statute]].''<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 against synthesis crimes in Texas 2019 ==
=== Texas SB 751 - Relating to the creation of a criminal offense for fabricating a deceptive video with intent to influence the outcome of an election ===
[[File:Flag of Texas.svg|thumb|right|200px|[[w:Texas]], the Lone Star State has protected the political candidates, but not ordinary folk against synthetic filth.]]

<section begin=Texas2019 />On September 1 2019 [[w:Texas Senate]] bill [https://capitol.texas.gov/tlodocs/86R/billtext/html/SB00751F.htm '''SB 751''' - '''''Relating to the creation of a criminal offense for fabricating a deceptive video with intent to influence the outcome of an election'''''] [[w:amendment]]s to the election code came into effect in the [[w:Law of Texas]], 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> SB 751 was introduced to the Senate by [[w:Bryan Hughes (politician)]].<ref name="Texas SB 751 history">https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=SB751</ref>

<section end=Texas2019 />

The text of '''S.B. No. 751''' is as follows

'''''AN ACT relating to the creation of a criminal offense for fabricating a deceptive video with intent to influence the outcome of an election.'''''

''BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:''

SECTION 1.  ''[https://statutes.capitol.texas.gov/Docs/EL/htm/EL.255.htm Section 255.004, Election Code], is [[w:Amend (motion)|w:amended]] by adding Subsections (d) and (e) to read as follows:''
* ('''d''')  ''A person commits an offense if the person, with intent to injure a candidate or influence the result of an election:''
*# '''''creates''' a [[w:deepfake|deep fake]] video; and''
*# ''causes the deep fake video to be '''published''' or '''distributed''' within '''30 days''' of an '''election'''.''
* ('''e''')  ''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'''.''
SECTION 2.  ''This Act takes effect September 1, 2019.''

----

* [[w:Texas Legislature]]

== Law against synthesis crimes in California 2020 ==
=== California AB-602 - Depiction of individual using digital or electronic technology: sexually explicit material: cause of action ===
[[File:Flag of California.svg|thumb|right|200px|[[w:California]] moved later than Virginia, but it outlawed also the manufacture of synthetic filth on Jan 1 2020.]]

<section begin=California2020 />[[File:Marc Berman.jpg|thumb|120px|right|Homie [[w:Marc Berman|w:Marc Berman]], a righteous fighter for our human rights in this age of industrial disinformation filth and an Assemblymember of the [[w:California State Assembly]], most loved for authoring [https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB602 '''AB-602''' - ''Depiction of individual using digital or electronic technology: sexually explicit material: cause of action''], 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 ''Depiction of individual using digital or electronic technology: sexually explicit material: cause of action''."]''' came into effect in the [[w:California Civil Code|civil code]] of the [[w:California Codes]] 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]] and an identical Senate bill was coauthored by [[w:California State Senate|w:California Senator]] [[w:Connie Leyva]].<ref name="OpenStates AB 602">

{{cite web
 |url=https://openstates.org/ca/bills/20192020/AB602/
 |title=AB 602 - California Assembly Bill 2019-2020 Regular Session - Depiction of individual using digital or electronic technology: sexually explicit material: cause of action.
 |last=
 |first=
 |date=
 |website=openstates.org
 |publisher=openstates.org
 |access-date=2021-03-24
 |quote=}}

</ref><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> [https://trackbill.com/bill/california-assembly-bill-602-depiction-of-individual-using-digital-or-electronic-technology-sexually-explicit-material-cause-of-action/1690501/ AB602 at trackbill.com]
<section end=California2020 />

[[File:Connie Leyva 2015.jpg|thumb|right|240px|[[w:California]] [[w:California State Senate|w:Senator]] [[w:Connie Leyva]] sponsored [https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200SB564&showamends=false '''California Senate Bill SB 564''' - ''Depiction of individual using digital or electronic technology: sexually explicit material: cause of action''] in Feb '''2019''' and the Senate Bill was [https://www.sagaftra.org/action-alert-support-california-bill-end-deepfake-porn endorsed by SAG-AFTRA], but the Assembly Bill AB-602 authored by [[w:California State Assembly]]member [[w:Marc Berman]] was the one that became law on 1 January 2020 in the [[w:California Civil Code|w:California Civil Code]] of the [[w:California Codes]].]]

'''Introduction''' by [https://a24.asmdc.org/ Assemblymember Marc Berman]:

'''AB 602''', Berman. '''''Depiction of individual using digital or electronic technology: sexually explicit material: cause of action'''''.

Existing law creates a private [[w:Cause of action|w:right of action]] against a person who intentionally distributes a photograph or recorded image of another that exposes the intimate body parts of that person or of a person engaged in a sexual act '''without the person’s consent''' if specified conditions are met.

This bill would provide that a '''depicted individual''', as defined, has a '''[[w:cause of action]] against''' a person who either 
* (1) '''creates''' and intentionally discloses sexually explicit material if the person knows or reasonably should have known the '''depicted''' individual '''did not [[w:consent]]''' to its creation or disclosure or 
* (2) who '''intentionally discloses''' sexually explicit material that the person did not create if the person knows the '''depicted''' individual '''did not consent''' to its creation.

The bill would specify exceptions to those provisions, including if the material is a matter of legitimate public concern or a work of political or newsworthy value.

The bill would authorize a prevailing [[w:plaintiff]] who suffers harm to seek [[w:Injunction|w:injunctive]] relief and recover reasonable [[w:attorney’s fee]]s and costs as well as specified monetary [[w:damages]], including [[w:Statutory damages|statutory]] and [[w:punitive damages]].


'''The law is as follows''':

SECTION 1. Section 1708.86 is added to the [https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=CIV&tocTitle=+Civil+Code+-+CIV Civil Code of California], to read:

'''1708.86.''' ('''a''') '''For purposes of this section''':
* (1) “''Altered depiction''” means a performance that was actually performed by the depicted individual but was subsequently altered to be in violation of this section.
* (2) “''Authorized Representative''” means an attorney, talent agent, or personal manager authorized to represent a depicted individual if the depicted individual is represented.
* (3) (A) “''Consent''” means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a general description of the sexually explicit material and the audiovisual work in which it will be incorporated.
* (3) (B) A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made, unless one of the following requirements is satisfied:
:**(i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it.
:**(ii) The depicted individual’s authorized representative provides written approval of the signed agreement.
* (4) “''Depicted individual''” means an individual who appears, as a result of digitization, to be giving a performance they did not actually perform or to be performing in an altered depiction.
* (5) “''Despicable conduct''” means conduct that is so vile, base, or contemptible that it would be looked down on and despised by a reasonable person.
* (6) “''Digitization''” means to realistically depict any of the following:
** (A) The nude body parts of another human being as the nude body parts of the depicted individual.
** (B) Computer-generated nude body parts as the nude body parts of the depicted individual.
** (C) The depicted individual engaging in sexual conduct in which the depicted individual did not engage.
* (7) “''Disclose''” means to publish, make available, or distribute to the public.
* (8) “''Individual''” means a natural person.
* (9) “''Malice''” means that the defendant acted with intent to cause harm to the plaintiff or despicable conduct that was done with a willful and knowing disregard of the rights of the plaintiff. A person acts with knowing disregard within the meaning of this paragraph when they are aware of the probable harmful consequences of their conduct and deliberately fail to avoid those consequences.
* (10) “''Nude''” means visible genitals, pubic area, anus, or a female’s postpubescent nipple or areola.
* (11) “''Person''” means a human being or legal entity.
* (12) “''Plaintiff''” includes cross-plaintiff.
* (13) “''Sexual conduct''” means any of the following:
** (A) Masturbation.
** (B) Sexual intercourse, including genital, oral, or anal, whether between persons regardless of sex or gender or between humans and animals.
** (C) Sexual penetration of the vagina or rectum by, or with, an object.
** (D) The transfer of semen by means of sexual conduct from the penis directly onto the depicted individual as a result of ejaculation.
** (E) Sadomasochistic abuse involving the depicted individual.
(14) “''Sexually explicit material''” means any portion of an audiovisual work that shows the depicted individual performing in the nude or appearing to engage in, or being subjected to, sexual conduct.

('''b''') '''A depicted individual has a cause of action against''' a person who does '''either of the following''':
* (1) '''Creates and intentionally discloses sexually explicit material''' and the person knows or reasonably should have known the '''depicted individual''' in that material '''did not consent''' to its creation or disclosure.
* (2) '''Intentionally discloses''' sexually explicit material that the person did not create and the person knows the depicted individual in that material '''did not consent''' to the creation of the sexually explicit material.

('''c''') (1) A person is '''not liable''' under this section in either of the following circumstances:
* (A) The person discloses the sexually explicit material in the course of any of the following:
:** (i) Reporting unlawful activity.
:** (ii) Exercising the person’s law enforcement duties.
:**(iii) Hearings, trials, or other legal proceedings.
* (B) The material is any of the following:
:** (i) A matter of legitimate public concern.
:** (ii) A work of political or newsworthy value or similar work.
:** (iii) Commentary, criticism, or disclosure that is otherwise protected by the California Constitution or the United States Constitution.
* (2) For purposes of this subdivision, sexually explicit material is not of newsworthy value solely because the depicted individual is a public figure.

('''d''') It shall not be a defense to an action under this section that there is a disclaimer included in the sexually explicit material that communicates that the inclusion of the depicted individual in the sexually explicit material was unauthorized or that the depicted individual did not participate in the creation or development of the material.

('''e''') (1) A prevailing plaintiff who suffers harm as a result of the violation of subdivision (b) may recover any of the following:
* (A) An amount equal to the monetary gain made by the defendant from the creation, development, or disclosure of the sexually explicit material.
* (B) One of the following:
:** (i) Economic and noneconomic damages proximately caused by the disclosure of the sexually explicit material, including damages for emotional distress.
:** (ii) Upon request of the plaintiff at any time before the final judgment is rendered, the plaintiff may instead recover an award of statutory damages for all unauthorized acts involved in the action, with respect to any one work, as follows:
:** (I) A sum of not less than one thousand five hundred dollars ($1,500) but not more than thirty thousand dollars ($30,000).
:** (II) If the unlawful act was committed with malice, the award of statutory damages may be increased to a maximum of one hundred fifty thousand dollars ($150,000).
* (C) Punitive damages.
* (D) Reasonable attorney’s fees and costs.
* (E) Any other available relief, including injunctive relief.
(2) The remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is available under any other law.

('''f''') An action under this section shall be commenced no later than three years from the date the unauthorized creation, development, or disclosure was discovered or should have been discovered with the exercise of reasonable diligence.

('''g''') The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions.

<ref name="CaliforniaStateLaw AB 602">
{{Citation
 | title = "AB-602 Depiction of individual using digital or electronic technology: sexually explicit material: cause of action."
 | first = Marc
 | last = Berman
 | author-link = w:Marc Berman
 | first2 = Connie
 | last2 = Leyva
 | author2-link = w:Connie Leyva
 | series =
 | year = 2019
 | publisher = [[w:California]]
 | url = https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB602
}}

</ref>

----

* [[w:California State Legislature]]

== Law against synthesis crimes in Georgia in 2021 ==
[[File:Flag of Georgia (U.S. state) II.png|thumb|right|200px|Georgia's motto is ''"Wisdom, Justice, Moderation"'' and one could say it is well manifested in how their law against synthetic filth [https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-11-90.html '''GA CODE § 16-11-90'''] is thought out and written.]]
=== Georgia Code § 16-11-90 ===

'''[https://codes.findlaw.com/ga/ Georgia Code]''' / '''[https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ Title 16. Crimes and Offenses]''' [https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-11-90.html Chapter 11 "Offenses Against Public Order and Safety", Article 3 "Invasions of Privacy", Part 3 "Invasion of privacy" '''GA CODE § 16-11-90''']
<ref group="1st seen in" name="CCRI US deepfake laws list">https://cybercivilrights.org/deep-fake-laws/</ref>

'''The law is''' as of April 14, 2021<ref name="Georgia Code § 16-11-90 at findlaw.com" /> as follows:

('''a''') As used in this Code section, the term:

* ('''1''') “''Harassment''” means engaging in conduct directed at a depicted person that is intended to cause substantial emotional harm to the depicted person.

* ('''2''') “''Nudity''” means:

::* (A) The showing of the human male or female genitals, pubic area, or buttocks without any covering or with less than a full opaque covering;

::* (B) The showing of the female breasts without any covering or with less than a full opaque covering;  or

::* (C) The depiction of covered male genitals in a discernibly turgid state.

* ('''3''') “''Sexually explicit conduct” shall have the same meaning as set forth in Code Section 16-12-100 .

('''b''') '''A person violates this Code section if he or she, knowing the content of a transmission or post, knowingly and without the consent of the depicted person''':

* ('''1''') '''Electronically transmits or posts''', in one or more transmissions or posts, a photograph or video which depicts nudity or sexually explicit conduct of an adult, '''including a falsely created videographic or still image''', when the transmission or post is harassment or causes financial loss to the depicted person and serves no legitimate purpose to the depicted person;  or

* ('''2''') '''Causes the electronic transmission or posting''', in one or more transmissions or posts, of a photograph or video which depicts nudity or sexually explicit conduct of an adult, '''including a falsely created videographic or still image''', when the transmission or post is harassment or causes financial loss to the depicted person and serves no legitimate purpose to the depicted person.

:Nothing in this Code section shall be construed to impose liability on an interactive computer service, as such term is defined in 47 U.S.C. 230(f)(2) , or an information service or telecommunications service, as such terms are defined in 47 U.S.C. 153 , for content provided by another person.

('''c''') Any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature;  provided, however, that upon a second or subsequent violation of this Code section, he or she shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not more than $100,000.00, or both.

('''d''') A person shall be '''subject to prosecution in this state''' pursuant to Code Section 17-2-1 for any conduct made unlawful by this Code section which the person engages in while:

* ('''1''') '''Either within''' or '''outside of this state''' if, by such conduct, the person commits a violation of this Code section which involves an '''individual who resides in this state''';  or

* ('''2''') '''Within this state''' if, by such conduct, the person commits a violation of this Code section which involves an '''individual who resides within or outside this state'''.

('''e''') The provisions of subsection (b) of this Code section shall not apply to:

* ('''1''') The activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses;

* ('''2''') Legitimate medical, scientific, or educational activities;

* ('''3''') Any person who transmits or posts a photograph or video depicting only himself or herself engaged in nudity or sexually explicit conduct;

* ('''4''') The transmission or posting of a photograph or video that was originally made for commercial purposes;

* ('''5''') Any person who transmits or posts a photograph or video depicting a person voluntarily engaged in nudity or sexually explicit conduct in a public setting;  or

* ('''6''') A transmission that is made pursuant to or in anticipation of a civil action.

('''f''') There shall be a rebuttable presumption that an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet, for content provided by another person, does not know the content of an electronic transmission or post.

('''g''') Any violation of this Code section shall constitute a separate offense and shall not merge with any other crimes set forth in this title.<ref name="Georgia Code § 16-11-90 at findlaw.com">

{{cite web
 |url=https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-11-90.html
 |title=Georgia Code Title 16. Crimes and Offenses § 16-11-90
 |last=
 |first=
 |date=2021-04-14
 |website=[[w:FindLaw]]
 |publisher=[[w:Georgia (U.S. state)]]
 |access-date=2022-01-04
 |quote=}}

</ref>

== Law against synthesis crimes in New York State in 2021 ==
=== New York State - CHAPTER 6 Civil Rights ARTICLE 5 Right of Privacy SECTION 52-C - Private right of action for unlawful dissemination or publication of a sexually explicit depiction of an individual ===
[https://www.nysenate.gov/legislation/laws/CONSOLIDATED '''Consolidated Laws of New York'''] / [https://www.nysenate.gov/legislation/laws/CVR/-CH6 '''CHAPTER 6 Civil Rights'''] [https://www.nysenate.gov/legislation/laws/CVR/A5 '''ARTICLE 5 Right of Privacy'''] / [https://www.nysenate.gov/legislation/laws/CVR/52-C#:~:text=Section%2052%2DC%20Private%20right,explicit%20depiction%20of%20an%20individual '''SECTION 52-C''' - '''Private right of action for unlawful dissemination or publication of a sexually explicit depiction of an individual''']<ref group="1st seen in" name="CCRI US deepfake laws list" />

'''The law is as follows:'''

<big>'''§ 52-c''' - '''''Private right of action for unlawful dissemination or publication of a sexually explicit depiction of an individual.''''' </big><sup>Obs: There are 2 § 52-c's</sup>
 
'''1. For the purposes of this section:'''

* '''a.''' "'''''depicted individual'''''" means an individual who '''appears''', as a result of digitization, '''to be giving a performance they did not actually perform''' or '''to be performing in a performance that was actually performed by the depicted individual but was subsequently altered to be in violation of this section'''.

* '''b.''' "'''''digitization'''''" means to '''realistically depict the nude body parts of another human being as the nude body parts of the depicted individual''', '''computer-generated nude body parts as the nude body parts of the depicted individual''' or the '''depicted individual engaging in sexual conduct''', as defined in subdivision ten of section 130.00 of the penal law, '''in which the depicted individual did not engage'''.

* '''c.''' "''individual''" means a natural person.

* '''d.''' "''person''" means a human being or legal entity.

* '''e.''' "''sexually explicit material''" means any portion of an audio visual work that shows the depicted individual performing in the nude, meaning with an unclothed or exposed intimate part, as defined in section 245.15 of the penal law, or appearing to engage in, or being subjected to, sexual conduct, as defined in subdivision ten of section 130.00 of the penal law.

'''2. a.''' A depicted individual shall have a '''cause of action''' against a person who, '''discloses''', '''disseminates''' or '''publishes''' sexually explicit material related to the depicted individual, and the person knows or reasonably should have known the depicted individual in that material '''did not consent''' to its '''creation''', disclosure, dissemination, or publication.

* '''b.''' It shall '''not be a defense''' to an action under this section that '''there is a disclaimer''' in the sexually explicit material that communicates that the inclusion of the depicted individual in the sexually explicit material was unauthorized or that the depicted individual did not participate in the creation or development of the material.

'''3. a.''' A depicted individual may only consent to the creation, disclosure, dissemination, or publication of sexually explicit material by knowingly and voluntarily signing an agreement written in plain language that includes a general description of the sexually explicit material and the audiovisual work in which it will be incorporated.

* '''b.''' A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made, unless one of the following requirements is satisfied:

:* i. the depicted individual is given at least three business days to review the terms of the agreement before signing it; or

:* ii. if the depicted individual is represented, the attorney, talent agent, or personal manager authorized to represent the depicted individual provides additional written approval of the signed agreement.

'''4. a.''' A person is not liable under this section if:

:* i. the person discloses, disseminates or publishes the sexually explicit material in the course of reporting unlawful activity, exercising the person's law enforcement duties, or hearings, trials or other legal proceedings; or

:* ii. the sexually explicit material is a matter of legitimate public concern, a work of political or newsworthy value or similar work, or commentary, criticism or disclosure that is otherwise protected by the constitution of this state or the United States; provided that sexually explicit material shall not be considered of newsworthy value solely because the depicted individual is a public figure.

'''5.''' In any action commenced pursuant to this section, the finder of fact, in its discretion, '''may award injunctive relief''', '''punitive damages''', '''compensatory damages''', and '''reasonable court costs''' and '''attorney's fees'''.

'''6.''' A cause of action or special proceeding under this section shall be commenced the later of either:

* '''a.''' three years after the dissemination or publication of sexually explicit material; or

* '''b.''' one year from the date a person discovers, or reasonably should have discovered, the dissemination or publication of such sexually explicit material.

'''7.''' Nothing in this section shall be read to require a prior criminal complaint, prosecution or conviction to establish the elements of the cause of action provided for in this section.

'''8.''' The provisions of this section including the remedies are in addition to, and shall not supersede, any other rights or remedies available in law or equity.

'''9.''' If any provision of this section or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.

'''10.''' Nothing in this section shall be construed to limit, or to enlarge, the protections that 47 U.S.C. § 230 confers on an interactive
computer service for content provided by another information content provider, as such terms are defined in 47 U.S.C. § 230.<ref name="New York State Civil Rights CHAPTER 6, ARTICLE 5, SECTION 52-C">

{{cite web
 |url=https://www.nysenate.gov/legislation/laws/CVR/52-C#:~:text=Section%2052%2DC%20Private%20right,explicit%20depiction%20of%20an%20individual
 |title= SECTION 52-C Private right of action for unlawful dissemination or publication of a sexually explicit depiction of an individual
 |last=
 |first=
 |date=2021-11-12
 |website=nysenate.gov
 |publisher=[[w:New York State Legislature]]
 |access-date=2021-01-04
 |quote=}}

</ref>
== Current bills in the USA ==
=== NY Senate bill S5583 in the 2023-2024 regular session ===
[https://www.nysenate.gov/legislation/bills/2023/S5583 '''NY Senate bill S5583 in the 2023-2024 regular session''' at nysenate.gov] would establish ''the crime of aggravated harassment by means of electronic or digital communication and provides for a private right of action for the unlawful dissemination or publication of deep fakes''.
== Past bills in the USA ==

=== US Senate bill S1641 - Preventing Rampant Online Technological Exploitation and Criminal Trafficking Act of 2022 - (117th Congress) ===
The bill known as [https://www.congress.gov/bill/117th-congress/senate-bill/4991/text?r=4&s=1 Senate bill '''S.4991''' - ''''''PROTECT Act'''''' at congress.gov] was read by Senator [[w:Mike Lee]] on Wednesday 2022-09-28 twice. 

=== New York Senate bill - Unlawful Electronic Transmission of Sexually Explicit Visual Material - in regular session 2021-2022 ===
[[File:Flag of New York (1909–2020).png|thumb|right|200px|[[w:New York State Legislature]] regular session 2021-2022 is contemplating the [https://www.nysenate.gov/legislation/bills/2021/S1641 New York senate bill '''S1641'''] and identical [https://www.nysenate.gov/legislation/bills/2021/A6517 assembly bill '''A6517'''] to ban sending unsolicited pornography.]]

Bill '''''Unlawful Electronic Transmission of Sexually Explicit Visual Material'''''' is essentially a bill that aims to ban sending unsolicited nudes.

In the 2021-2022 [[w:New York State Senate]] regular sessions, on 2021-01-14 Senator [[w:James Skoufis]] ([https://www.nysenate.gov/senators/james-skoufis official website]) sponsored and Senators [[w:Brian Benjamin]] ([https://www.nysenate.gov/senators/brian-benjamin official website]) and [[w:Todd Kaminsky]] ([https://www.nysenate.gov/senators/todd-kaminsky official website)] of the New York State Senate co-sponsored [https://www.nysenate.gov/legislation/bills/2021/S1641 New York Senate bill '''S1641'''] to add section '''§ 250.70 ''UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL''''' to the [https://www.nysenate.gov/legislation/laws/PEN/P3TNA250 Article 250 of the penal law]. On 2021-03-19 an identical [https://www.nysenate.gov/legislation/bills/2021/A6517 New York Assembly bill '''A6517''' - ''Establishes the crime of unlawful electronic transmission of sexually explicit visual material''] was introduced to the [[w:New York State Assembly]] by Assembly Member [[w:Aileen Gunther]] ([https://nyassembly.gov/mem/Aileen-M-Gunther official website]).<ref group="1st seen in">

First seen in the [https://trackbill.com/search/#/related=%7B%22id%22:%221690501%22,%22state%22:%22CA%22,%22session%22:%222019%22,%22billId%22:%22AB602%22%7D&direction=desc&page=1&resultsPerPage=25&sort=relevancy&tracked&upcoming_hearings&type=bills&state=all&session suggestions for similar bills for Bills similar to CA AB602 by trackbill.com].


</ref>

If this bill passes it will be codified in the [[w:Consolidated Laws of New York]]. View the [https://www.nysenate.gov/legislation/laws/CONSOLIDATED '''Consolidated Laws of New York''' at nysenate.gov].

* '''Title of bill''': ''An act to amend the penal law, in relation to the creation of the criminal offense of unlawful electronic transmission of sexually explicit visual material''

* '''Purpose''': ''The purpose of this bill is to make it unlawful to send sexually explicit material through electronic means unless the material is sent at the request of, or with the express consent of the recipient.''

* '''Summary of provisions''': Adds a '''new section 250.70''' to the penal law making it ''unlawful to knowingly transmit by electronic means visual material that depicts any person engaging in sexual conduct or with a person's intimate parts exposed unless the material is sent at the request of, or with the express consent of the recipient.

* '''Justification''': ''Currently under New York State law, indecent exposure in person is a crime, but it is not unlawful to send sexually explicit photos to nonconsenting adult recipients through electronic transmission. With the growing modem age of online dating, many individuals are receiving sexually explicit visual content without their consent from strangers. No person should be forced to view sexually explicit material without their consent.''

''The bill offers a clear deterrent to those considering sending unsolicited sexual pics and similar inappropriate conduct, and protects the
unwilling recipients who currently have no legal recourse for such abuses.

''What is illegal in the real world must be illegal in the digital world, and this legislation is a first step in the right direction in adding that accountability.''

* '''Legislative history''':
*# Senate - 2020 - S5949 Referred to Codes
*# Assembly - 2020 - A7801 Referred to Codes

* '''Fiscal implications''': ''Minimal''

* '''Effective date''': ''This act shall take effect on the first of November next succeeding the date on which it shall have become a law.''

The text of the bill is, as of 2021-03-24, as follows:

:"Section  1. The penal law is amended by adding a new section 250.70 to read as follows:

:'''§ 250.70 ''UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL'''''.
 
:A person is guilty of unlawful electronic transmission of sexually explicit visual material if a person knowingly transmits by electronic means visual material that depicts any person engaging in sexual conduct or with a person's intimate parts exposed or depicts the covered genitals of a male person that are in a discernibly turgid state and such visual material is not sent at the request of or with the express consent of the recipient. For purposes of this section the term "intimate parts" means the naked genitals, pubic area, anus, or female postpubescent nipple of the person and the term "sexual conduct" shall have the same meaning as defined in [https://www.nysenate.gov/legislation/laws/PEN/130.00 section 130.00 (Sex offenses; definitions of terms)] of this chapter. Unlawful electronic transmission of sexually explicit visual material is a class a misdemeanor.

:'''§ 2'''. This act shall take effect on the first of November next succeeding the date on which it shall have become a law."

----
<gallery>
File:Nopic.jpg|thumb|right|260px|Senator [[w:James Skoufis]] ([https://www.nysenate.gov/senators/james-skoufis official website]) sponsored [https://www.nysenate.gov/legislation/bills/2021/S1641 New York Senate bill '''S1641'''] to add section '''§ 250.70 ''UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL''''' to the [https://www.nysenate.gov/legislation/laws/PEN/P3TNA250 Article 250 of the penal law].
File:BrianBenjaminFlag.jpg|thumb|260px|Senator [[w:Brian Benjamin]] ([https://www.nysenate.gov/senators/brian-benjamin official website]) is a cosponsor of S1641
File:Todd_Kaminsky_Head_Shot.jpg||thumb|260px|Senator [[w:Todd Kaminsky]] ([https://www.nysenate.gov/senators/todd-kaminsky official website)] is a cosponsor of S1641
File:Aileen_Gunther.jpg|thumb|260px|NY Assembly Member [[w:Aileen Gunther]] ([https://nyassembly.gov/mem/Aileen-M-Gunther official website]) presented an identical [https://www.nysenate.gov/legislation/bills/2021/A6517 New York Assembly bill '''A6517''' - ''Establishes the crime of unlawful electronic transmission of sexually explicit visual material''] to the [[w:New York State Assembly]] on 2021-03-19.
* [[w:New York State Legislature]]
</gallery>

=== US Senate bill - Stop Internet Sexual Exploitation Act - 2019-2020 US Senate session (116th Congress) ===
The Stop Internet Sexual Exploitation Act (SISE) was a bill introduced to the 2019-2020 session of the US Senate.
* [https://www.congress.gov/bill/116th-congress/senate-bill/5054?r=1&s=1 US Senate Bill ''''''S.5054''' - '''Stop Internet Sexual Exploitation Act''''' at congress.gov]

=== US House bill - H.R.3230 - DEEP FAKES Accountability Act (116th Congress) ===

* [https://www.congress.gov/bill/116th-congress/house-bill/3230/text '''H.R.3230''' - '''''DEEP FAKES Accountability Act''''' at congress.gov]<ref group="1st seen in" name="ChatGPT 2023 inquiry" /> also known as ''Defending Each and Every Person from False Appearances by Keeping Exploitation Subject to Accountability Act of 2019'' and it aimed to include requirements for producers of synthetic human-like fakes '' to generally comply with certain [[w:Digital watermarking|w:digital watermark]] and disclosure requirements''.<ref>https://www.congress.gov/bill/116th-congress/house-bill/3230</ref> 

=== US Senate bill - Malicious Deep Fake Prohibition Act of 2018 (115th Congress) ===
* [https://www.congress.gov/bill/115th-congress/senate-bill/3805/text '''S.3805''' - '''''Malicious Deep Fake Prohibition Act of 2018''''' at congress.gov]<ref group="1st seen in" name="ChatGPT 2023 inquiry">
Chatting with ChatGPT 2023

* First I asked ChatGPT to "''list some legislative approaches against so-called "deep fakes" or "deepfakes"''" and it mentioned the Singaporean [[#Protection from Online Falsehoods and Manipulation Act 2019]] and the [[#Bill - Malicious Deep Fake Prohibition Act of 2018 (115th Congress)]]

</ref> aimed at criminalizing synthesizing human-likeness media for intent of breaking federal, state, local or tribal law

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= Law proposals =
== Law proposals against synthetic filth by [[User:Juho Kunsola|Juho Kunsola]] ==

* '''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.

[[File:Suomen lippu valokuva.png|right|thumb|260px|[[w:Finland]] has very logical and very [https://www.finlex.fi/en/laki/kaannokset/ accessible laws], but also here we need updating of the laws for this age of industrial disinformation.]]

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)

[[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 visual synthetic filth ===

==== §1 Models of human appearance ==== 

A '''model of human appearance''' means
::* A realistic '''3D model'''
::* A '''[[Glossary#Bidirectional reflectance distribution function|7D bidirectional reflectance distribution function]]  model'''
::* A '''direct-to-2D''' capable [[w:machine learning]] model
::* Or a model made with any technology whatsoever, that looks deceivingly like the target person.

==== §2 Producing synthetic pornography ====
Making '''projections''', still or videographic, where targets are portrayed in a '''nude''' or in a '''sexual situation''' from models of human appearance defined in §1 '''without express consent''' of the targets   is '''illegal'''. 

==== §3 Distributing synthetic pornography ====
'''Distributing''', '''making available''', '''public display''', '''purchase''', '''sale''', '''yielding''', '''import''' and '''export''' of non-authorized '''synthetic pornography''' defined in §2 are '''punishable'''.<ref group="footnote">People who are found in possession of this synthetic pornography should probably not be penalized, but rather advised to get some help.</ref>

==== §4 Aggravated producing and distributing synthetic pornography ====
If the media described in §2 or §3 is made or distributed with the '''intent''' to '''frame for a crime''' or for '''blackmail''', the crime should be judged as '''aggravated'''.

==== Afterwords ====
The original idea I had was to ban both the raw materials i.e. the models to make the visual synthetic filth and also the end product weaponized synthetic pornography, but then in July 2019 it appeared to me that [[Adequate Porn Watcher AI (concept)]] could really help in this age of industrial disinformation if it were built, trained and operational. Banning modeling of human appearance was in conflict with the revised plan.

It is safe to assume that collecting permissions to model each pornographic recording is not plausible, so an interesting 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.

In case we want to pursue banning modeling people's appearance from non-pornographic images/videos 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>. This would seem to lead to a weird situation where modeling a human from non-pornographic media would be illegal, but modeling from pornography legal.

=== Law proposal to ban unauthorized modeling of human voice ===
{{#ev:youtube|0sR1rU3gLzQ|360px|right|[https://www.youtube.com/watch?v=0sR1rU3gLzQ Video 'This AI Clones Your Voice After Listening for 5 Seconds' by '2 minute papers' at YouTube] describes the voice thieving machine by Google Research in [[w:NeurIPS|w:NeurIPS]] 2018.}}

'''Motivation''': The current situation where the criminals can freely trade and grow their libraries of stolen voices is unwise.

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

==== §2 Application of unauthorized voice models ====
'''Producing''' and '''making available''' media from covert voice models defined in §1 is '''punishable'''. 

==== §3 Aggravated application of unauthorized voice models ====
If the 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'''.

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= Resources and reporting on law =

== AI and law in general ==

[[File:LOC_Main_Reading_Room_Highsmith.jpg|thumb|right|340px|[[w:Library of Congress]] ([https://loc.gov/ loc.gov]) reading room]]

''' 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'''
[[File:Flag of Europe.svg|thumb|right|180px|The [[w:European Union]]'s [[w:European Parliament|Parliament]]'s [[w:European Parliamentary Research Service]] on [https://www.europarl.europa.eu/RegData/etudes/STUD/2020/634452/EPRS_STU(2020)634452_EN.pdf The ethics of artificial intelligence: Issues and initiatives].]]
* [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 in the law and media ==
* [https://scholarship.law.vanderbilt.edu/cgi/viewcontent.cgi?article=4409&context=vlr ''''''"The New Weapon of Choice": Law's Current Inability to Properly Address Deepfake Pornography'''''' at scholarship.law.vanderbilt.edu], October 2020 Notes by Anne Pechenik Gieseke published in the The [[w:Vanderbilt Law Review]], the flagship [[w:academic journal]] of [[w:Vanderbilt University Law School]]. 
* [https://carnegieendowment.org/2020/07/08/deepfakes-and-synthetic-media-in-financial-system-assessing-threat-scenarios-pub-82237 ''''''Deepfakes and Synthetic Media in the Financial System: Assessing Threat Scenarios'''''' at carnegieendowment.org], a 2020-07-08 assessment identifies some types of criminalities that can be made using [[synthetic human-like fakes]].
* [https://ssri.duke.edu/news/don%E2%80%99t-believe-your-eyes-or-ears-weaponization-artificial-intelligence-machine-learning-and ''''''Don’t Believe Your Eyes (or Ears): The Weaponization of Artificial Intelligence, Machine Learning, and Deepfakes'''''' at ssri.duke.edu], an October 2019 news article by Joe Littell, published by the Social Science Research Institute at the [[w:Duke University]] 
* [https://scholarship.law.duke.edu/dltr/vol17/iss1/4/ ''''''Deepfakes: False Pornography Is Here and the Law Cannot Protect You'''''' at scholarship.law.duke.edu], published in 2019 in the [[w:Duke Law Journal|Duke Law Journal]], a student-run law review.

== The countries that have unfortunately banned full face veil ==

{{Q|There are currently 16 nations that have banned the burqa (not to be confused with the hijab), including [[w:Tunisia]],<ref name="reuters.com">

{{cite news
|url=https://www.reuters.com/article/uk-tunisia-niqab-security-idUKKCN1U01CH 
|title= Tunisian PM bans wearing of niqab in public institutions 
|date=5 July 2019
|access-date=2021-03-13
|newspaper= Reuters 
}}

</ref> [[w:Austria]], [[w:Denmark]], [[w:France]], [[w:Belgium]], [[w:Tajikistan]], [[w:Latvia]],<ref name="independent.co.uk">

{{cite web
|url=https://www.independent.co.uk/news/islamic-muslim-face-veil-niqab-burqa-banned-latvia-despite-being-worn-by-just-three-women-entire-a6993991.html
|title=A European government has banned Islamic face veils despite them being worn by just three women
|date=21 April 2016
|access-date=2021-03-13
}}

</ref> [[w:Bulgaria]],<ref>

[https://www.smh.com.au/world/bulgaria-the-latest-european-country-to-ban-the-burqa-and-niqab-in-public-places-20160930-grss9q.html Bulgaria the latest European country to ban the burqa and [niqab in public places], Smh.com.au: accessed 5 December 2016.

</ref> [[w:Cameroon]], [[w:Chad]], [[w:Congo-Brazzaville]], [[w:Gabon]], [[w:Netherlands]],<ref>
{{cite news
|last1=Halasz
|first1=Stephanie
|last2=McKenzie
|first2=Sheena
|title=The Netherlands introduces burqa ban in some public spaces
|url=https://edition.cnn.com/2018/06/27/europe/netherlands-partial-burqa-ban-intl/index.html 
|access-date=2021-03-13
|agency=CNN
|issue=27 June 2018
|publisher=CNN
|date=27 June 2018
}}

</ref> [[w:China]],<ref>
{{cite news 
|last1=Phillips 
|first1=Tom 
|title=China bans burqa in capital of Muslim region of Xinjiang 
|url=https://www.telegraph.co.uk/news/worldnews/asia/china/11342070/China-bans-burqa-in-capital-of-Muslim-region-of-Xinjiang.html 
|access-date=2021-03-13 
|agency=The Telegraph 
|issue=13 January 2015 
|newspaper=The Telegraph 
|date=13 January 2015
}}

</ref> [[w:Morocco]], and [[w:Switzerland]].|Wikipedia|[[w:Hijab by country]] as of 2021-03-13}}

Taking into consideration these times of industrial disinformation, it is vicious and uncivilized to have laws banning wearing a the full face veil in public.

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


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= Footnotes =
<references group="footnote" />

= 1st seen in =
<references group="1st seen in" />

= References =
<references />

[[Category:In English]]
[[Category:Law]]
[[Category:Antifake]]