Laws against synthesis and other related crimes: Difference between revisions

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]].

* [[#China|China]] seems to be planning to ban all synthetic pornography, however consensual its making was

= Canada =

=== Stopping Internet Sexual Exploitation Act - House of Commons of Canada bill C-270 ===

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

{{cite web

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

'''Links'''

= China =

{{cite web

</ref>

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= EU =

[[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.]]

= Finland =

[[File:Suomen lippu valokuva.png|thumb|right|alt=An image of a Finnish flag|thumb|255px|Finland strongly criminalized synthetic sexual pictures depicting children in 2011, upon the initiative of the [[w:Vanhanen II Cabinet]]]]

== 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}}

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=== The Domestic Abuse Act 2021 Chapter 17, part 6 - Disclosure of private sexual photographs and films ===

'''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]

=== Historical about the UK law against synthesis crimes ===

= 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 ==

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.''

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 />

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.'''''

* ('''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.''

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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.

* (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 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:

('''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

'''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:

('''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.

{{cite web

'''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>^{Obs: There are 2 § 52-c's}

   

'''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

{{cite web

</ref>

== Current bills in the USA ==

[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) ===

<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: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.

* [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 ==