Editing Laws against synthesis and other related crimes
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[[File: | [[File:Justice scale silhouette, medium.svg|thumb|right|200px|This article is an attempt to track legislation against synthetic human-like fakes world-wide. Do you know of a law or jurisdiction that this list does not include? Add it! Or let us know through the chat in the lower-righthand side!]] | ||
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]]. | 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]]. | ||
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New bills are currently in the works in | New bills are currently in the works in | ||
* The [[#EU|European Union]] is finalizing a law package to regulate AI | * The [[#EU|European Union]] is finalizing a law package to regulate AI | ||
* [[#Current bills in the USA|US Senate is considering | * [[#Current bills in the USA|US Senate is considering a bill and the House is considering several anti-fake bills]] | ||
* [[#China|China]] seems to be planning to ban all synthetic pornography, however consensual its making was | * [[#China|China]] seems to be planning to ban all synthetic pornography, however consensual its making was | ||
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'''Information elsewhere / legal information compilations''' (recommended) | '''Information elsewhere / legal information compilations''' (recommended) | ||
<section begin=anti-fake-law-compilations/> | <section begin=anti-fake-law-compilations/> | ||
* | * [https://www.responsible.ai/post/a-look-at-global-deepfake-regulation-approaches '''''A Look at Global Deepfake Regulation Approaches''''' at responsible.ai]<ref name="responsible.ai 2023"> | ||
{{cite web | {{cite web | ||
| url = https://www.responsible.ai/post/a-look-at-global-deepfake-regulation-approaches | | url = https://www.responsible.ai/post/a-look-at-global-deepfake-regulation-approaches | ||
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| quote = | | quote = | ||
}} | }} | ||
</ref> April 2023 compilation and reporting by Amanda Lawson | </ref> April 2023 compilation and reporting by Amanda Lawson. | ||
* | * [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]<ref name="Princeton Legal Journal 2023"> | ||
{{cite web | {{cite web | ||
| url = https://legaljournal.princeton.edu/the-high-stakes-of-deepfakes-the-growing-necessity-of-federal-legislation-to-regulate-this-rapidly-evolving-technology/ | | url = https://legaljournal.princeton.edu/the-high-stakes-of-deepfakes-the-growing-necessity-of-federal-legislation-to-regulate-this-rapidly-evolving-technology/ | ||
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}} | }} | ||
</ref> compilation and reporting by Caroline Quirk. PLJ is Princeton’s only student-run law review. | </ref> compilation and reporting by Caroline Quirk. PLJ is Princeton’s only student-run law review. | ||
* | * [https://www.techpolicy.press/exploring-legal-approaches-to-regulating-nonconsensual-deepfake-pornography/ '''''Exploring Legal Approaches to Regulating Nonconsensual Deepfake Pornography''''' at techpolicy.press]<ref name="tech policy press 2023"> | ||
{{cite web | {{cite web | ||
| url = https://www.techpolicy.press/exploring-legal-approaches-to-regulating-nonconsensual-deepfake-pornography/ | | url = https://www.techpolicy.press/exploring-legal-approaches-to-regulating-nonconsensual-deepfake-pornography/ | ||
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| quote = | | quote = | ||
}} | }} | ||
</ref> May 2023 compilation and reporting by Kaylee Williams | </ref> May 2023 compilation and reporting by Kaylee Williams | ||
* | * [https://onfido.com/blog/deepfake-law/ '''''Deepfake laws: is AI outpacing legislation?''''' at onfido.com]<ref name="Onfido 2024"> | ||
{{cite web | {{cite web | ||
| url = https://onfido.com/blog/deepfake-law/ | | url = https://onfido.com/blog/deepfake-law/ | ||
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| quote = | | quote = | ||
}} | }} | ||
</ref> February 2024 summary and compilation by Aled Owen, Director of Global Policy at Onfido (for-profit) | </ref> February 2024 summary and compilation by Aled Owen, Director of Global Policy at Onfido (for-profit) | ||
* [https://tclf.in/2023/10/16/deepfake-pornography-a-legal-and-ethical-menace/ '''''Deepfake Pornography: A Legal and Ethical Menace''''' at tclf.in]<ref name="tclf 2023"> | |||
* | |||
{{cite web | {{cite web | ||
| url = https://tclf.in/2023/10/16/deepfake-pornography-a-legal-and-ethical-menace/ | | url = https://tclf.in/2023/10/16/deepfake-pornography-a-legal-and-ethical-menace/ | ||
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| quote = | | quote = | ||
}} | }} | ||
</ref> October 2023 compilation and reporting by Janvhi Rastogi, published in the The Contemporary Law Forum. | </ref> October 2023 compilation and reporting by Janvhi Rastogi, published in the The Contemporary Law Forum. | ||
<section end=anti-fake-law-compilations/> | <section end=anti-fake-law-compilations/> | ||
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The existing Canadian law ban the distribution of non-consensual disclosure of intimate images.<ref>https://www.responsible.ai/post/a-look-at-global-deepfake-regulation-approaches</ref> | The existing Canadian law ban the distribution of non-consensual disclosure of intimate images.<ref>https://www.responsible.ai/post/a-look-at-global-deepfake-regulation-approaches</ref> | ||
== Past bills in Canada == | == Past bills in Canada == | ||
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= EU = | = EU = | ||
== EU law on AI == | |||
[[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.]] | [[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 called [[w:Artificial Intelligence Act]]. The European Commission proposed the AI Act in 2021. | |||
* European '''Artificial Intelligence Act''' has been approved by the member countries and is on track to be approved by April 2024.<ref>https://www.politico.eu/article/eu-artificial-intelligence-act-ai-technology-risk-rules/</ref> 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) | |||
The | * [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> | ||
* The Artificial Intelligence Act and Digital Services Act together are supposed to shield us from synthesis crimes. | |||
* There is also a [https://digital-strategy.ec.europa.eu/en/policies/code-practice-disinformation '''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> | |||
* | |||
'''Studies and information''' | '''Studies and information''' | ||
* [https://www.europarl.europa.eu/stoa/en/document/EPRS_STU(2021)690039 '''''Tackling deepfakes in European policy''''' 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]]. [https://www.europarl.europa.eu/RegData/etudes/STUD/2021/690039/EPRS_STU(2021)690039_EN.pdf View .pdf at europarl.europa.eu] | * [https://www.europarl.europa.eu/stoa/en/document/EPRS_STU(2021)690039 '''''Tackling deepfakes in European policy''''' 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]]. [https://www.europarl.europa.eu/RegData/etudes/STUD/2021/690039/EPRS_STU(2021)690039_EN.pdf View .pdf at europarl.europa.eu] | ||
* | * https://artificialintelligenceact.eu/ is a website on the planned law by the [https://futureoflife.org/ Future of Life Institute], an American non-profit NGO. | ||
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= Finland = | = Finland = | ||
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* [https://mj-cohen.com/2020/01/03/deepfakes-and-german-law/ '''''Deepfakes and German law''''' at mj-cohen.com], January 2020 summary by Maureen Cohen states that the existing German laws are well equipped rendering non-consensual digital look-alikes illegal. | * [https://mj-cohen.com/2020/01/03/deepfakes-and-german-law/ '''''Deepfakes and German law''''' at mj-cohen.com], January 2020 summary by Maureen Cohen states that the existing German laws are well equipped rendering non-consensual digital look-alikes illegal. | ||
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[[File:Flag of the United States.svg|thumb|right|200px|Various US states have enacted state laws aimed against synthetic human-like fakes, but it seems that USA has no federal legislation against this menace, eventhough [[#Past bills in the USA|federal bills have been introduced in the USA]].]] | [[File:Flag of the United States.svg|thumb|right|200px|Various US states have enacted state laws aimed against synthetic human-like fakes, but it seems that USA has no federal legislation against this menace, eventhough [[#Past bills in the USA|federal bills have been introduced in the USA]].]] | ||
* | * [https://www.criminaldefenselawyer.com/resources/is-deepfake-pornography-illegal.html '''''Is Deepfake Pornography Illegal?''''' at criminaldefenselawyer.com] is a good breakdown of the current illegality/legality situation in the USA. | ||
{{#lst:Organizations, studies and events against synthetic human-like fakes|cybercivilrights.org law compilations}} | {{#lst:Organizations, studies and events against synthetic human-like fakes|cybercivilrights.org law compilations}} | ||
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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. | 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 | 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 | * (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. | * (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. | ||
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* [https://www.congress.gov/congressional-record/volume-170/issue-17/senate-section/article/S289-2 '''''Introductory Statement on S. 3696; Congressional Record Vol. 170, No. 17''''' at congress.gov] 2024-01-30 | * [https://www.congress.gov/congressional-record/volume-170/issue-17/senate-section/article/S289-2 '''''Introductory Statement on S. 3696; Congressional Record Vol. 170, No. 17''''' at congress.gov] 2024-01-30 | ||
* [https://www.judiciary.senate.gov/press/releases/durbin-graham-klobuchar-hawley-introduce-defiance-act-to-hold-accountable-those-responsible-for-the-proliferation-of-nonconsensual-sexually-explicit-deepfake-images-and-videos '''''Durbin, Graham, Klobuchar, Hawley Introduce DEFIANCE Act to Hold Accountable Those Responsible for the Proliferation of Nonconsensual, Sexually-Explicit “Deepfake” Images and Videos''''' at judiciary.senate.gov]<ref group="1st seen in">https://onfido.com/blog/deepfake-law/</ref> | * [https://www.judiciary.senate.gov/press/releases/durbin-graham-klobuchar-hawley-introduce-defiance-act-to-hold-accountable-those-responsible-for-the-proliferation-of-nonconsensual-sexually-explicit-deepfake-images-and-videos '''''Durbin, Graham, Klobuchar, Hawley Introduce DEFIANCE Act to Hold Accountable Those Responsible for the Proliferation of Nonconsensual, Sexually-Explicit “Deepfake” Images and Videos''''' at judiciary.senate.gov]<ref group="1st seen in">https://onfido.com/blog/deepfake-law/</ref> | ||
* [https://www.durbin.senate.gov/imo/media/doc/defiance_act_of_2024.pdf '''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"''. | * [https://www.durbin.senate.gov/imo/media/doc/defiance_act_of_2024.pdf '''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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* [https://www.theguardian.com/technology/2024/jan/30/taylor-swift-ai-deepfake-nonconsensual-sexual-images-bill '''''Taylor Swift AI images prompt US bill to tackle nonconsensual, sexual deepfakes''''' at theguardian.com] | * [https://www.theguardian.com/technology/2024/jan/30/taylor-swift-ai-deepfake-nonconsensual-sexual-images-bill '''''Taylor Swift AI images prompt US bill to tackle nonconsensual, sexual deepfakes''''' at theguardian.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] | * [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.6943 - No AI FRAUD Act (118th Congress - 2023-2024) === | === US House bill H.R.6943 - No AI FRAUD Act (118th Congress - 2023-2024) === |