Laws against synthesis and other related crimes: Difference between revisions

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(→‎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".)
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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