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Juho Kunsola (talk | contribs) (→Current bills in the USA: + DEFIANCE Act of 2024 at durbin.senate.gov explains that it would create a federal civil remedy for victims who are identifiable in a “digital forgery".) |
Juho Kunsola (talk | contribs) (fmt, blockquotes) |
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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: | 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: | ||
<blockquote> | |||
'''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]]. '' | '''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.'' | ::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.'' | ||
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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]]. | 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]]. | ||
</blockquote> | |||
<section end=Virginia2019 /> | <section end=Virginia2019 /> | ||
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The text of '''S.B. No. 751''' is as follows | The text of '''S.B. No. 751''' is as follows | ||
<blockquote> | |||
'''''AN ACT relating to the creation of a criminal offense for fabricating a deceptive video with intent to influence the outcome of an election.''''' | '''''AN ACT relating to the creation of a criminal offense for fabricating a deceptive video with intent to influence the outcome of an election.''''' | ||
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* ('''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'''.'' | * ('''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.'' | SECTION 2. ''This Act takes effect September 1, 2019.'' | ||
</blockquote> | |||
---- | ---- | ||
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'''The law is as follows''': | '''The law is as follows''': | ||
<blockquote> | |||
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: | 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: | ||
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('''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. | ('''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. | ||
</blockquote> | |||
<ref name="CaliforniaStateLaw AB 602"> | <ref name="CaliforniaStateLaw AB 602"> | ||
{{Citation | {{Citation | ||
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'''The law is''' as of April 14, 2021<ref name="Georgia Code § 16-11-90 at findlaw.com" /> as follows: | '''The law is''' as of April 14, 2021<ref name="Georgia Code § 16-11-90 at findlaw.com" /> as follows: | ||
<blockquote> | |||
('''a''') As used in this Code section, the term: | ('''a''') As used in this Code section, the term: | ||
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('''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. | ('''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"> | ('''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.</blockquote><ref name="Georgia Code § 16-11-90 at findlaw.com"> | ||
{{cite web | {{cite web | ||
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'''The law is as follows:''' | '''The law is as follows:''' | ||
<blockquote> | |||
<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> | <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> | ||
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'''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 | '''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"> | computer service for content provided by another information content provider, as such terms are defined in 47 U.S.C. § 230.</blockquote><ref name="New York State Civil Rights CHAPTER 6, ARTICLE 5, SECTION 52-C"> | ||
{{cite web | {{cite web |