Laws against synthesis and other related crimes: Difference between revisions
Juho Kunsola (talk | contribs) →USA: + The long name for citing [TAKE IT DOWN] act is '''''Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act''''' |
Juho Kunsola (talk | contribs) →Laws against synthesis crimes in France: + w:fr:Loi visant à sécuriser et réguler l'espace numérique |
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'''Reporting''' | '''Reporting''' | ||
* [https://thediplomat.com/2023/03/chinas-new-legislation-on-deepfakes-should-the-rest-of-asia-follow-suit/ '''''China’s New Legislation on Deepfakes: Should the Rest of Asia Follow Suit?''''' at thediplomat.com] March 2023 reporting | * [https://thediplomat.com/2023/03/chinas-new-legislation-on-deepfakes-should-the-rest-of-asia-follow-suit/ '''''China’s New Legislation on Deepfakes: Should the Rest of Asia Follow Suit?''''' at thediplomat.com] March 2023 reporting | ||
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= Denmark = | |||
[[File:Animated flag GIFGIFs Denmark.gif|thumb|right|300px|Denmark is considering a novel approach against synthetic filth, by planning to give Danes copyright over their own appearance and voice, a shift from previous legislative approaches against [[synthetic human-like fakes]].]] | |||
Denmark is currently considering changing its laws so that each Dane would have copyright over their own appearance and voice. The Danish approach is novel because it creates a [[w:Right to property|w:property right]] in one’s biometric identity, treating voice/appearance like [[w:intellectual property]], whereas the previous legislative steps elsewhere have been harms-based. | |||
The legislative proposal comes from the Department of Culture of Denmark and is said to have massive support among MPs.<ref name="guardian-denmark-antifake-legislation-2025"/> The planned changes to Danish copyright law will, once approved, theoretically give people in Denmark the right to demand that online platforms remove content that is in violation of a Danish human's copyright.<ref name="guardian-denmark-antifake-legislation-2025"/> Parodies and satire get an exception and would still be permitted.<ref name="guardian-denmark-antifake-legislation-2025"/> | |||
{{Q|“I am extremely proud that we are now sending an unequivocal signal to all citizens that they have the right to their own body, their own voice, and their own facial features. | |||
In a time when technology has outpaced legislation, I am pleased that so many parties in Parliament are joining to protect artists and everyday people from the digital identity theft that can now be done with just a few clicks. | |||
We must not accept that human beings can simply go through the digital copy machine and be misused for all sorts of purposes. | |||
Technology is developing rapidly, and in the future it will be even harder to distinguish reality from fiction in the digital world. | |||
Therefore, it is high time that we build a safeguard against the spread of misinformation while also sending a clear signal to the tech giants.”|Jakob Engel-Schmidt, Culture Minister of Denmark (translated)<ref>https://kum.dk/aktuelt/nyheder/bred-aftale-om-deepfakes-giver-alle-ret-til-egen-krop-og-egen-stemme translation by ChatGPT</ref>|the Danish law initiative to give humans copyright to their own voice and appearance}} | |||
'''Official''' | |||
* [https://kum.dk/aktuelt/nyheder/bred-aftale-om-deepfakes-giver-alle-ret-til-egen-krop-og-egen-stemme '''''Bred aftale om deepfakes giver alle ret til egen krop og egen stemme''''' at kum.dk] press release of the Ministry of Culture on the new planned biometrics copyright protection bill Thursday 2025-06-26 | |||
'''Reporting''' | |||
* [https://www.theguardian.com/technology/2025/jun/27/deepfakes-denmark-copyright-law-artificial-intelligence '''''Denmark to tackle deepfakes by giving people copyright to their own features''''' at theguardian.com] by Miranda Bryant 2025-06-27<ref name="guardian-denmark-antifake-legislation-2025"> | |||
{{cite web | |||
|last = Bryant | |||
|first = Miranda | |||
|date = 2025-06-27 | |||
|title = Denmark to tackle deepfakes by giving people copyright to their own features | |||
|url = https://www.theguardian.com/technology/2025/jun/27/deepfakes-denmark-copyright-law-artificial-intelligence | |||
|website = theguardian.com | |||
|location = UK | |||
|publisher = The Guardian | |||
|access-date = 2026-08-22 | |||
|quote = The Danish culture minister, Jakob Engel-Schmidt, said he hoped the bill before parliament would send an “unequivocal message” that everybody had the right to the way they looked and sounded. He told the Guardian: “In the bill we agree and are sending an unequivocal message that everybody has the right to their own body, their own voice and their own facial features, which is apparently not how the current law is protecting people against generative AI.” | |||
}} | |||
</ref> | |||
* [https://www.euronews.com/next/2025/06/30/denmark-fights-back-against-deepfakes-with-copyright-protection-what-other-laws-exist-in-e '''''Denmark fights back against deepfakes with copyright protection. What other laws exist in Europe?''''' at euronews.com]<ref name="euronews-denmark-antifake-legislation-2025"> | |||
{{cite web | |||
|last = Desmarais | |||
|first = Anna | |||
|date = 2025-06-30 | |||
|title = Denmark fights back against deepfakes with copyright protection. What other laws exist in Europe? | |||
|url = https://www.euronews.com/next/2025/06/30/denmark-fights-back-against-deepfakes-with-copyright-protection-what-other-laws-exist-in-e | |||
|website = euronews.com | |||
|location = EU | |||
|publisher = Euronews | |||
|access-date = 2025-08-22 | |||
|quote = Denmark will give people copyright over their own likenesses as a way to fight back against generated “deepfake” videos, as countries around the world grapple with the rapid rise of artificial intelligence (AI). In a statement, the Danish government said the bill, which has been agreed upon by all major parties, will make it illegal to share deepfakes and other “digital imitations” of a person’s characteristics. “We are now sending an unequivocal signal to all citizens that you have the right to your own body, your own voice and your own facial features,” Denmark’s culture minister Jakob Engel-Schmidt said in a statement. | |||
}} | |||
</ref> reporting and outline of laws in other EU countries by Anna Desmarais 2025-06-30 | |||
* [https://lsj.com.au/articles/denmark-proposes-copyright-laws-to-protect-against-deepfakes/ '''''Denmark proposes copyright laws to protect against deepfakes''''' at lsj.com.au] reporting and analysis by Cat Woods 2025-07-16 | |||
* [https://www.indiatimes.com/news/your-face-your-rights-denmarks-tough-new-deepfake-law-could-change-how-ai-imitations-are-handled-across-europe/articleshow/122759842.html ''''''Your face, your rights': Denmark’s tough new Deepfake law could change how AI imitations are handled across Europe''''' at indiatimes.com] reporting putting the new move in bigger context, by Nancy Jaiswal 2025-07-10 | |||
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The Artificial Intelligence Act and Digital Services Act together will help in the enforcement of the upcoming protections to shield us from synthesis crimes. | The Artificial Intelligence Act and Digital Services Act together will help in the enforcement of the upcoming protections to shield us from synthesis crimes. | ||
=== Directive on combating violence against women and domestic violence === | === Directive on combating violence against women and domestic violence === | ||
The [https:// | The [https://eur-lex.europa.eu/eli/dir/2024/1385/oj/eng '''''Directive on combating violence against women and domestic violence''''' at eur-lex.europa.eu] requires, among other things, that member states criminalize non-consensual [[Synthetic human-like fakes#Digital look-alikes|synthetic digital look-alike]] pornography in their criminal codes. The directive became active on 2024-05-14 and entered into force on 2024-06-13 and the directive must be implemented in the criminal codes of the member states within 3 years of when it came into force i.e. by Sunday 2027-06-13. | ||
'''Official''' | '''Official''' | ||
* [https://eur-lex.europa.eu/eli/dir/2024/1385/oj/eng '''Directive (EU) 2024/1385 of the European Parliament and of the Council of 14 May 2024 on combating violence against women and domestic violence''' at eur-lex.europa.eu] available in all languages of the EU | |||
* [https://eur-lex.europa.eu/eli/dir/2024/1385/oj/eng '''''Directive on combating violence against women and domestic violence''''' original EU Commission proposal at commission.europa.eu] | |||
* [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52022PC0105 '''''Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating violence against women and domestic violence''''' at eur-lex.europa.eu] has the directive text in all languages and various formats | * [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52022PC0105 '''''Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating violence against women and domestic violence''''' at eur-lex.europa.eu] has the directive text in all languages and various formats | ||
* [https://www.europarl.europa.eu/legislative-train/theme-a-new-push-for-european-democracy/file-legislative-proposal-on-gender-based-violence '''''Legislative proposal on combating violence against women and domestic violence''''' Legislative Train Schedule at europarl.europa.eu] | * [https://www.europarl.europa.eu/legislative-train/theme-a-new-push-for-european-democracy/file-legislative-proposal-on-gender-based-violence '''''Legislative proposal on combating violence against women and domestic violence''''' Legislative Train Schedule at europarl.europa.eu] | ||
* [https://ec.europa.eu/commission/presscorner/detail/en/ip_24_649 '''''Commission welcomes political agreement on new rules to combat violence against women and domestic violence''''' at ec.europa.eu], a 2024-02-06 press release by the [[w:European Commission]]. | * [https://ec.europa.eu/commission/presscorner/detail/en/ip_24_649 '''''Commission welcomes political agreement on new rules to combat violence against women and domestic violence''''' at ec.europa.eu], a 2024-02-06 press release by the [[w:European Commission]]. | ||
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* [https://futureoflife.org/ai-policy/disrupting-the-deepfake-pipeline-in-europe/ '''''Disrupting the Deepfake Pipeline in Europe''''' at futureoflife.org], 2024-02-22 article on the approach of ''Leveraging corporate criminal liability under the Violence Against Women Directive to safeguard against pornographic deepfake exploitation'' by Alexandra Tsalidis | * [https://futureoflife.org/ai-policy/disrupting-the-deepfake-pipeline-in-europe/ '''''Disrupting the Deepfake Pipeline in Europe''''' at futureoflife.org], 2024-02-22 article on the approach of ''Leveraging corporate criminal liability under the Violence Against Women Directive to safeguard against pornographic deepfake exploitation'' by Alexandra Tsalidis | ||
== Bills in the EU == | |||
=== Regulation to Prevent and Combat Child Sexual Abuse === | === Regulation to Prevent and Combat Child Sexual Abuse === | ||
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= France = | = France = | ||
== Laws against synthesis crimes in France == | |||
=== LOI n° 2024-449 du 21 mai 2024 visant à sécuriser et à réguler l'espace numérique === | |||
[https://www.legifrance.gouv.fr/dossierlegislatif/JORFDOLE000047533100/ LOI n° 2024-449 du 21 mai 2024 visant à sécuriser et à réguler l'espace numérique at legifrance.gouv.fr]<ref name="SREN-Legifrance"> | |||
{{citeweb | |||
|title=Loi n° 2024-449 du 21 mai 2024 visant à sécuriser et à réguler l’espace numérique | |||
|url=https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000049563368 | |||
|publisher=Légifrance – Journal officiel | |||
|access-date=2025-08-31}} | |||
</ref> | |||
* [[w:fr:Loi visant à sécuriser et réguler l'espace numérique]] | |||
=== Droit à l'image et respect de la vie privée === | |||
[https://www.service-public.fr/particuliers/vosdroits/F32103 '''''Droit à l'image et respect de la vie privée''''' at service-public.fr] or in English [https://www.service-public.fr/particuliers/vosdroits/F32103?lang=en '''''Right to the image and respect for privacy''''' at service-public.fr] (automatic translation) | [https://www.service-public.fr/particuliers/vosdroits/F32103 '''''Droit à l'image et respect de la vie privée''''' at service-public.fr] or in English [https://www.service-public.fr/particuliers/vosdroits/F32103?lang=en '''''Right to the image and respect for privacy''''' at service-public.fr] (automatic translation) | ||
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= USA = | = USA = | ||
[[File:Flag of the United States.svg|thumb|right|200px|Various US states have enacted state laws aimed against synthetic human-like fakes | [[File:Flag of the United States.svg|thumb|right|200px|Various US states have enacted state laws aimed against synthetic human-like fakes and since May 2025 through the [[w:TAKE IT DOWN Act]] USA has federal legislation against this menace. Many other [[#Past bills in the USA|federal bills have been introduced in the USA]].]] | ||
* {{#lst:{{ARTICLEPAGENAME}}|ballotpedia ai deepfake legislation tracker}} | * {{#lst:{{ARTICLEPAGENAME}}|ballotpedia ai deepfake legislation tracker}} | ||
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* {{#lst:Glossary|US-Congress-glossary}} | * {{#lst:Glossary|US-Congress-glossary}} | ||
== US Senate Act S.146 - TAKE IT DOWN Act (119th Congress - 2025-2026) == | == Federal laws in the USA against synthesis crimes == | ||
The [https://www.congress.gov/bill/119th-congress/senate-bill/146 '''''S.146 - TAKE IT DOWN Act''''' at congress.gov], a bipartisan act against non-consensual intimate image-based abuse, or in other words, against naked synthetic digital look-alikes and real image-based abuse. The long name for citing this act is ''''' | === US Senate Act S.146 - TAKE IT DOWN Act (119th Congress - 2025-2026) === | ||
The [https://www.congress.gov/bill/119th-congress/senate-bill/146 '''''S.146 - TAKE IT DOWN Act''''' at congress.gov], a bipartisan act against non-consensual intimate image-based abuse, or in other words, against naked synthetic digital look-alikes and real image-based abuse. The long name for citing this act is '''''T'''ools to '''A'''ddress '''K'''nown '''E'''xploitation by '''I'''mmobilizing '''T'''echnological '''D'''eepfakes '''o'''n '''W'''ebsites and '''N'''etworks Act'''''. | |||
It became federal law on Monday 2025-05-19. It was passed by the House of Representatives on Monday 2025-04-28. There is a one year delay on some of the requirements of the TAKE IT DOWN Act. | It became federal law on Monday 2025-05-19. It was passed by the House of Representatives on Monday 2025-04-28. There is a one year delay on some of the requirements of the TAKE IT DOWN Act. | ||
* In Wikipedia [[w:TAKE IT DOWN Act]] | |||
* [https://rainn.org/policy/take-it-down-act '''''Take It Down Act''''' summary at rainn.org] - ''Criminalizing tech-enabled sexual abuse'' - ''Join us in celebrating this landmark victory for survivors of image-based sexual abuse!'' | * [https://rainn.org/policy/take-it-down-act '''''Take It Down Act''''' summary at rainn.org] - ''Criminalizing tech-enabled sexual abuse'' - ''Join us in celebrating this landmark victory for survivors of image-based sexual abuse!'' | ||
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* [https://www.npr.org/2025/04/28/nx-s1-5380236/take-it-down-act-melania-trump '''''Congress approves a revenge porn bill backed by first lady Melania Trump''''' at npr.org], 2025-04-28 reporting by Ayana Archie | * [https://www.npr.org/2025/04/28/nx-s1-5380236/take-it-down-act-melania-trump '''''Congress approves a revenge porn bill backed by first lady Melania Trump''''' at npr.org], 2025-04-28 reporting by Ayana Archie | ||
* [https://www.cbsnews.com/news/house-take-it-down-act-vote-deepfake-pornography-victims/ '''''House passes "Take it Down Act," sending revenge porn bill backed by Melania Trump to president's desk''''' at cbsnews.com], 2025-04-28 reporting by Caitlin Yilek | * [https://www.cbsnews.com/news/house-take-it-down-act-vote-deepfake-pornography-victims/ '''''House passes "Take it Down Act," sending revenge porn bill backed by Melania Trump to president's desk''''' at cbsnews.com], 2025-04-28 reporting by Caitlin Yilek | ||
== Law against synthesis crimes in Virginia 2019 == | == Law against synthesis crimes in Virginia 2019 == | ||
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== Current bills in the USA == | == Current bills in the USA == | ||
=== US Senate bill S. 3696 - Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2024 (DEFIANCE Act of 2024) (118th Congress - 2023-2024) | == 119th Congress == | ||
=== Disrupt Explicit Forged Images And Non-Consensual Edits Act of 2025 (DEFIANCE Act of 2025) (119th Congress - 2025-2026) === | |||
[https://www.congress.gov/bill/119th-congress/senate-bill/1837 '''''Disrupt Explicit Forged Images And Non-Consensual Edits Act of 2025 (DEFIANCE Act of 2025)''''' at congress.gov] is a reintroduction of the US Senate bill S. 3696 - Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2024 (DEFIANCE Act of 2024) (118th Congress - 2023-2024) | |||
[https://www.congress.gov/bill/118th-congress/senate-bill/3696/text '''''S.3696 - DEFIANCE Act of 2024''''' at congress.gov], a bipartisan Senate bill against synthetic filth. | [https://www.congress.gov/bill/118th-congress/senate-bill/3696/text '''''S.3696 - DEFIANCE Act of 2024''''' at congress.gov], a bipartisan Senate bill against synthetic filth. | ||
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* [https://www.theverge.com/2024/1/30/24056385/congress-defiance-act-proposed-ban-nonconsensual-ai-porn '''''Lawmakers propose anti-nonconsensual AI porn bill after Taylor Swift controversy''''' at theverge.com] | * [https://www.theverge.com/2024/1/30/24056385/congress-defiance-act-proposed-ban-nonconsensual-ai-porn '''''Lawmakers propose anti-nonconsensual AI porn bill after Taylor Swift controversy''''' at theverge.com] | ||
=== US House bill H.R.7123 - Quashing Unwanted and Interruptive Electronic Telecommunications Act (QUIET Act) (118th Congress - 2023-2024) | === Quashing Unwanted and Interruptive Electronic Telecommunications Act (QUIET Act) (119th Congress - 2025-2026) === | ||
[https://www.congress.gov/bill/119th-congress/house-bill/1027/text '''''Quashing Unwanted and Interruptive Electronic Telecommunications Act (QUIET Act)''''' at congress.gov] is a reintroduction of US House bill H.R.7123 - Quashing Unwanted and Interruptive Electronic Telecommunications Act (QUIET Act) (118th Congress - 2023-2024) | |||
[https://www.congress.gov/bill/118th-congress/house-bill/7123/text?s=1&r=3 '''''Quashing Unwanted and Interruptive Electronic Telecommunications Act''''' at congress.gov]<ref group="1st seen in">https://www.newyorker.com/science/annals-of-artificial-intelligence/the-terrifying-ai-scam-that-uses-your-loved-ones-voice</ref> | [https://www.congress.gov/bill/118th-congress/house-bill/7123/text?s=1&r=3 '''''Quashing Unwanted and Interruptive Electronic Telecommunications Act''''' at congress.gov]<ref group="1st seen in">https://www.newyorker.com/science/annals-of-artificial-intelligence/the-terrifying-ai-scam-that-uses-your-loved-ones-voice</ref> | ||
=== H.R.1941 - Preventing Deepfakes of Intimate Images Act (119th Congress - 2025-2026) === | |||
This is a reintroduction of the older US House bill H.R. 3106 - Preventing Deepfakes of Intimate Images Act (118th Congress - 2023-2024) | |||
[https://www.congress.gov/bill/118th-congress/house-bill/3106/text '''''Preventing Deepfakes of Intimate Images Act''''' at congress.gov] was introduced in the House on 2023-05-05. It was [https://www.congress.gov/bill/117th-congress/house-bill/9631 a reintroduction of H.R. 9631 from the 117th Congress]. | |||
== State bills == | |||
=== NY Senate bill S6278 in the 2025-2026 regular session === | |||
This bill was reintroduced as [https://www.nysenate.gov/legislation/bills/2025/S6278 S6278] to the 2025-2026 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 House bill H.R.6943 - No AI FRAUD Act (118th Congress - 2023-2024) === | === US House bill H.R.6943 - No AI FRAUD Act (118th Congress - 2023-2024) === | ||
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=== US House bill H.R.5586 - Defending Each and Every Person from False Appearances by Keeping Exploitation Subject to Accountability Act of 2023 (118th Congress - 2023-2024) === | === US House bill H.R.5586 - Defending Each and Every Person from False Appearances by Keeping Exploitation Subject to Accountability Act of 2023 (118th Congress - 2023-2024) === | ||
[https://www.congress.gov/bill/118th-congress/house-bill/5586/text “Defending Each and Every Person from False Appearances by Keeping Exploitation Subject to Accountability Act of 2023” or the “DEEPFAKES Accountability Act” at congress.gov] is a reintroduction of earlier House bill H.R.3230 to the 118th Congress (2023-2024 session) | [https://www.congress.gov/bill/118th-congress/house-bill/5586/text “Defending Each and Every Person from False Appearances by Keeping Exploitation Subject to Accountability Act of 2023” or the “DEEPFAKES Accountability Act” at congress.gov] is a reintroduction of earlier House bill H.R.3230 to the 118th Congress (2023-2024 session) | ||
=== US Senate bill S1641 - Preventing Rampant Online Technological Exploitation and Criminal Trafficking Act of 2022 - (117th Congress) === | === US Senate bill S1641 - Preventing Rampant Online Technological Exploitation and Criminal Trafficking Act of 2022 - (117th Congress) === | ||