Laws against synthesis and other related crimes: Difference between revisions

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= Laws and their application =
= Laws and their application =


== Law on synthetic filth in Virginia ==
== Law on synthetic filth in Virginia 2019 ==
[[File:Flag of Virginia.svg|thumb|left|200px|[[w:Virginia]], an avant-garde state. Motto "[[w:Sic semper tyrannis]]"]]
[[File:Flag of Virginia.svg|thumb|left|200px|[[w:Virginia]], an avant-garde state. Motto "[[w:Sic semper tyrannis]]"]]


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</ref>, as [https://law.lis.virginia.gov/vacode/18.2-386.2/ § 18.2-386.2 titled ''''''Unlawful dissemination or sale of images of another; penalty.''''''] became part of the '''[[w:Code of Virginia]]'''.  
</ref>, as section [https://law.lis.virginia.gov/vacode/18.2-386.2/ § 18.2-386.2 titled ''''''Unlawful dissemination or sale of images of another; penalty.''''''] became part of the '''[[w:Code of Virginia]]'''.  


'''[https://law.lis.virginia.gov/vacode/ Code of Virginia (TOC)]''' » [https://law.lis.virginia.gov/vacode/title18.2/ Title 18.2. Crimes and Offenses Generally] » [https://law.lis.virginia.gov/vacode/title18.2/chapter8/ Chapter 8. Crimes Involving Morals and Decency] » [https://law.lis.virginia.gov/vacodefull/title18.2/chapter8/article5/ Article 5. Obscenity and Related Offenses] » [https://law.lis.virginia.gov/vacode/18.2-386.2/ § 18.2-386.2. Unlawful dissemination or sale of images of another; penalty]
[https://law.lis.virginia.gov/vacode/ '''Code of Virginia''' (TOC)] » [https://law.lis.virginia.gov/vacode/title18.2/ '''Title 18.2.''' Crimes and Offenses Generally] » [https://law.lis.virginia.gov/vacode/title18.2/chapter8/ '''Chapter 8.''' Crimes Involving Morals and Decency] » [https://law.lis.virginia.gov/vacodefull/title18.2/chapter8/article5/ '''Article 5.''' Obscenity and Related Offenses] » '''Section''' [https://law.lis.virginia.gov/vacode/18.2-386.2/ § '''18.2-386.2.''' Unlawful dissemination or sale of images of another; penalty]


The [https://law.lis.virginia.gov/vacode/18.2-386.2/ law '''§ 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:  


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.''
'''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.''


B. ''If a person uses [[w:Service (economics)|w:services]] of an [[w:Internet service provider]], an electronic mail service provider, or any other information service, system, or access software provider that provides or enables computer access by multiple users to a computer server in committing acts prohibited under this section, such provider shall not be held responsible for violating this section for content provided by another person.''
'''B'''. ''If a person uses [[w:Service (economics)|w:services]] of an [[w:Internet service provider]], an electronic mail service provider, or any other information service, system, or access software provider that provides or enables computer access by multiple users to a computer server in committing acts prohibited under this section, such provider shall not be held responsible for violating this section for content provided by another person.''


C. ''Venue for a prosecution under this section may lie in the [[w:jurisdiction]] where the unlawful act occurs or where any videographic or still image created by any means whatsoever is produced, reproduced, found, stored, received, or possessed in violation of this section.''
'''C.''' ''Venue for a prosecution under this section may lie in the [[w:jurisdiction]] where the unlawful act occurs or where any videographic or still image created by any means whatsoever is produced, reproduced, found, stored, received, or possessed in violation of this section.''


D. ''The provisions of this section shall not preclude prosecution under any other [[w:statute]].''<ref name="Virginia2019Chapter515"/>  
'''D.''' ''The provisions of this section shall not preclude prosecution under any other [[w:statute]].''<ref name="Virginia2019Chapter515"/>  


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]].  
<section end=Virginia2019 />
<section end=Virginia2019 />


== Law on synthetic filth in Texas ==
== Law on synthetic filth in Texas 2019 ==
[[File:Flag of Texas.svg|thumb|left|200px|[[w:Texas]], the Lone Star State has protected the political candidates, but not ordinary folk against synthetic filth.]]
[[File:Flag of Texas.svg|thumb|left|200px|[[w:Texas]], the Lone Star State has protected the political candidates, but not ordinary folk against synthetic filth.]]


<section begin=Texas2019 />On September 1 2019 [[w:Texas]] senate bill [https://capitol.texas.gov/tlodocs/86R/billtext/html/SB00751F.htm '''SB 751''' - '''''Relating to the creation of a criminal offense for fabricating a deceptive video with intent to influence the outcome of an election'''''] [[w:amendment]]s to the election code came into effect in the [[w:Law of Texas]], giving [[w:candidates]] in [[w:elections]] a 30-day protection period to the elections during which making and distributing digital look-alikes or synthetic fakes of the candidates is an offense. The law text defines the subject of the law as "''a  video, created with the intent to deceive, that appears to depict a real person performing an action that did not occur in reality''"<ref name="TexasSB751">
<section begin=Texas2019 />On September 1 2019 [[w:Texas Senate]] bill [https://capitol.texas.gov/tlodocs/86R/billtext/html/SB00751F.htm '''SB 751''' - '''''Relating to the creation of a criminal offense for fabricating a deceptive video with intent to influence the outcome of an election'''''] [[w:amendment]]s to the election code came into effect in the [[w:Law of Texas]], giving [[w:candidates]] in [[w:elections]] a '''30-day protection period''' to the elections during which making and distributing digital look-alikes or synthetic fakes of the candidates is an offense. The law text defines the subject of the law as "''a  video, created with the intent to deceive, that appears to depict a real person performing an action that did not occur in reality''"<ref name="TexasSB751">


{{cite web
{{cite web
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  |quote= 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}}
  |quote= 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}}


</ref>
</ref> SB 751 was introduced to the Senate by [[w:Bryan Hughes (politician)]].<ref name="Texas SB 751 history">https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=SB751</ref>


<section end=Texas2019 />
<section end=Texas2019 />


== Law on synthetic filth in California ==
The text of '''S.B. No. 751''' is as follows
[[File:Flag of California.svg|thumb|left|200px|[[w:California]] moved later than Virginia, but it outlawed also the distribution of synthetic filth on Jan 1 2020.]]
 
'''''AN ACT relating to the creation of a criminal offense for fabricating a deceptive video with intent to influence the outcome of an election.'''''
 
''BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:''
 
SECTION 1.  ''[https://statutes.capitol.texas.gov/Docs/EL/htm/EL.255.htm Section 255.004, Election Code], is [[w:Amend (motion)|w:amended]] by adding Subsections (d) and (e) to read as follows:''
* ('''d''')  ''A person commits an offense if the person, with intent to injure a candidate or influence the result of an election:''
*# '''''creates''' a [[w:deepfake|deep fake]] video; and''
*# ''causes the deep fake video to be '''published''' or '''distributed''' within '''30 days''' 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.''
 
----
 
* [[w:Texas Legislature]]
 
== Law on synthetic filth in California 2020 ==
[[File:Flag of California.svg|thumb|left|200px|[[w:California]] moved later than Virginia, but it outlawed also the manufacture of synthetic filth on Jan 1 2020.]]


<section begin=California2020 />[[File:Marc Berman.jpg|thumb|120px|right|Homie [[w:Marc Berman|w:Marc Berman]], a righteous fighter for our human rights in this age of industrial disinformation filth and a member of the [[w:California State Assembly]], most loved for authoring [https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB602 '''AB-602''' - ''Depiction of individual using digital or electronic technology: sexually explicit material: cause of action''], which came into effect on Jan 1 2020, banning both the manufacturing and [[w:digital distribution]] of synthetic pornography without the [[w:consent]] of the people depicted.]] January 1 2020 <ref name="KFI2019">
<section begin=California2020 />[[File:Marc Berman.jpg|thumb|120px|right|Homie [[w:Marc Berman|w:Marc Berman]], a righteous fighter for our human rights in this age of industrial disinformation filth and an Assemblymember of the [[w:California State Assembly]], most loved for authoring [https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB602 '''AB-602''' - ''Depiction of individual using digital or electronic technology: sexually explicit material: cause of action''], which came into effect on Jan 1 2020, banning both the manufacturing and [[w:digital distribution]] of synthetic pornography without the [[w:consent]] of the people depicted.]] January 1 2020 <ref name="KFI2019">


{{cite web
{{cite web
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  |quote=}}
  |quote=}}


</ref> the [[w:California]] [[w:State law (United States)|w:US state law]] '''[https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB602 "AB-602 ''Depiction of individual using digital or electronic technology: sexually explicit material: cause of action''."]''' came into effect in the [[w:California Civil Code|civil code]] of the [[w:California Codes]] banning the manufacturing and [[w:digital distribution]] of synthetic pornography without the [[w:consent]] of the people depicted.  AB-602 provides victims of synthetic pornography with [[w:injunction|w:injunctive relief]] and poses legal threats of [[w:statutory damages|w:statutory]] and [[w:punitive damages]] on [[w:criminal]]s making or distributing synthetic pornography without consent. The bill AB-602 was signed into law by California [[w:Governor (United States)|w:Governor]] [[w:Gavin Newsom]] on October 3 2019 and was authored by [[w:California State Assembly]] member [[w:Marc Berman]] and an identical Senate bill was coauthored by [[w:California State Senate|w:California Senator]] [[w:Connie Leyva]].<ref name="OpenStates AB 602">
</ref> the [[w:California]] [[w:State law (United States)|w:US state law]] '''[https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB602 "AB-602 ''Depiction of individual using digital or electronic technology: sexually explicit material: cause of action''."]''' came into effect in the [[w:California Civil Code|civil code]] of the [[w:California Codes]] banning the manufacturing and [[w:digital distribution]] of synthetic pornography without the [[w:consent]] of the people depicted.  AB-602 provides victims of synthetic pornography with [[w:injunction|w:injunctive relief]] and poses legal threats of [[w:statutory damages|w:statutory]] and [[w:punitive damages]] on [[w:criminal]]s making or distributing synthetic pornography without consent. The bill AB-602 was signed into law by California [[w:Governor (United States)|w:Governor]] [[w:Gavin Newsom]] on October 3 2019 and was authored by [[w:California State Assembly]]member [[w:Marc Berman]] and an identical Senate bill was coauthored by [[w:California State Senate|w:California Senator]] [[w:Connie Leyva]].<ref name="OpenStates AB 602">


{{cite web
{{cite web
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<section end=California2020 />
<section end=California2020 />


The law of California is as follows:<ref name="CaliforniaStateLaw AB 602">
[[File:Connie Leyva 2015.jpg|thumb|right|240px|[[w:California]] [[w:California State Senate|w:Senator]] [[w:Connie Leyva]] sponsored [https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200SB564&showamends=false '''California Senate Bill SB 564''' - ''Depiction of individual using digital or electronic technology: sexually explicit material: cause of action''] in Feb '''2019''' and the Senate Bill was [https://www.sagaftra.org/action-alert-support-california-bill-end-deepfake-porn endorsed by SAG-AFTRA], but the Assembly Bill AB-602 authored by [[w:California State Assembly]]member [[w:Marc Berman]] was the one that became law on 1 January 2020 in the [[w:California Civil Code|w:California Civil Code]] of the [[w:California Codes]].]]
{{Citation
| title = "AB-602 Depiction of individual using digital or electronic technology: sexually explicit material: cause of action."
| first = Marc
| last = Berman
| author-link = w:Marc Berman
| first2 = Connie
| last2 = Leyva
| author2-link = w:Connie Leyva
| series =
| year = 2019
| publisher = [[w:California]]
| url = https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB602
}}


</ref>
'''Introduction''' by [https://a24.asmdc.org/ Assemblymember Marc Berman]:


'''AB 602''', Berman. '''''Depiction of individual using digital or electronic technology: sexually explicit material: cause of action'''''.


* [[w:California State Legislature]]
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.


== Law on synthetic filth in New York ==
This bill would provide that a '''depicted individual''', as defined, has a '''[[w:cause of action]] against''' a person who either
[[File:Flag of New York (1909–2020).png|thumb|left|200px|[[w:New York State Legislature]] regular session 2021-2022 is contemplating the [https://www.nysenate.gov/legislation/bills/2021/S1641 New York senate bill '''S1641'''] and identical [https://www.nysenate.gov/legislation/bills/2021/A6517 assembly bill '''A6517'''] to ban sending unsolicited pornography.]]
* (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.


In the 2021-2022 [[w:New York State Senate]] regular sessions, on 2021-01-14 Senators [[w:James Skoufis]], [[w:Brian Benjamin]] and [[w:Todd Kaminsky]] of the New York State Senate introduced [https://www.nysenate.gov/legislation/bills/2021/S1641 New York Senate bill '''S1641'''] to add '''§ 250.70 ''UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL''''' to the penal law. On 2021-03-19 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''] was introduced to the [[w:New York State Assembly]] by Assembly Member [[w:Aileen Gunther]].<ref group="1st seen in">
The bill would specify exceptions to those provisions, including if the material is a matter of legitimate public concern or a work of political or newsworthy value.


First seen in the [https://trackbill.com/search/#/related=%7B%22id%22:%221690501%22,%22state%22:%22CA%22,%22session%22:%222019%22,%22billId%22:%22AB602%22%7D&direction=desc&page=1&resultsPerPage=25&sort=relevancy&tracked&upcoming_hearings&type=bills&state=all&session suggestions for similar bills for Bills similar to CA AB602 by trackbill.com].
The bill would authorize a prevailing [[w:plaintiff]] who suffers harm to seek [[w:Injunction|w:injunctive]] relief and recover reasonable [[w:attorney’s fee]]s and costs as well as specified monetary [[w:damages]], including [[w:Statutory damages|statutory]] and [[w:punitive damages]].




</ref>
'''The law is as follows''':


If this bill passes it will be codified in the [[w:Consolidated Laws of New York]]. View the [https://www.nysenate.gov/legislation/laws/CONSOLIDATED '''Consolidated Laws of New York''' at nysenate.gov].
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:


* '''Title of bill''': ''An act to amend the penal law, in relation to the creation of the criminal offense of unlawful electronic transmission of sexually explicit visual material''
'''1708.86.''' ('''a''') '''For purposes of this section''':
* (1) “''Altered depiction''” means a performance that was actually performed by the depicted individual but was subsequently altered to be in violation of this section.
* (2) “''Authorized Representative''” means an attorney, talent agent, or personal manager authorized to represent a depicted individual if the depicted individual is represented.
* (3) (A) “''Consent''” means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a general description of the sexually explicit material and the audiovisual work in which it will be incorporated.
* (3) (B) A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made, unless one of the following requirements is satisfied:
:**(i) The depicted individual is given at least 72 hours to review the terms of the agreement before signing it.
:**(ii) The depicted individual’s authorized representative provides written approval of the signed agreement.
* (4) “''Depicted individual''” means an individual who appears, as a result of digitization, to be giving a performance they did not actually perform or to be performing in an altered depiction.
* (5) “''Despicable conduct''” means conduct that is so vile, base, or contemptible that it would be looked down on and despised by a reasonable person.
* (6) “''Digitization''” means to realistically depict any of the following:
** (A) The nude body parts of another human being as the nude body parts of the depicted individual.
** (B) Computer-generated nude body parts as the nude body parts of the depicted individual.
** (C) The depicted individual engaging in sexual conduct in which the depicted individual did not engage.
* (7) “''Disclose''” means to publish, make available, or distribute to the public.
* (8) “''Individual''” means a natural person.
* (9) “''Malice''” means that the defendant acted with intent to cause harm to the plaintiff or despicable conduct that was done with a willful and knowing disregard of the rights of the plaintiff. A person acts with knowing disregard within the meaning of this paragraph when they are aware of the probable harmful consequences of their conduct and deliberately fail to avoid those consequences.
* (10) “''Nude''” means visible genitals, pubic area, anus, or a female’s postpubescent nipple or areola.
* (11) “''Person''” means a human being or legal entity.
* (12) “''Plaintiff''” includes cross-plaintiff.
* (13) “''Sexual conduct''” means any of the following:
** (A) Masturbation.
** (B) Sexual intercourse, including genital, oral, or anal, whether between persons regardless of sex or gender or between humans and animals.
** (C) Sexual penetration of the vagina or rectum by, or with, an object.
** (D) The transfer of semen by means of sexual conduct from the penis directly onto the depicted individual as a result of ejaculation.
** (E) Sadomasochistic abuse involving the depicted individual.
(14) “''Sexually explicit material''” means any portion of an audiovisual work that shows the depicted individual performing in the nude or appearing to engage in, or being subjected to, sexual conduct.


* '''Purpose''': ''The purpose of this bill is to make it unlawful to send sexually explicit material through electronic means unless the material is sent at the request of, or with the express consent of the recipient.''
('''b''') '''A depicted individual has a cause of action against''' a person who does '''either of the following''':
* (1) '''Creates and intentionally discloses sexually explicit material''' and the person knows or reasonably should have known the '''depicted individual''' in that material '''did not consent''' to its creation or disclosure.
* (2) '''Intentionally discloses''' sexually explicit material that the person did not create and the person knows the depicted individual in that material '''did not consent''' to the creation of the sexually explicit material.


* '''Summary of provisions''': Adds a '''new section 250.70''' to the penal law making it ''unlawful to knowingly transmit by electronic means visual material that depicts any person engaging in sexual conduct or with a person's intimate parts exposed unless the material is sent at the request of, or with the express consent of the recipient.
('''c''') (1) A person is '''not liable''' under this section in either of the following circumstances:
* (A) The person discloses the sexually explicit material in the course of any of the following:
:** (i) Reporting unlawful activity.
:** (ii) Exercising the person’s law enforcement duties.
:**(iii) Hearings, trials, or other legal proceedings.
* (B) The material is any of the following:
:** (i) A matter of legitimate public concern.
:** (ii) A work of political or newsworthy value or similar work.
:** (iii) Commentary, criticism, or disclosure that is otherwise protected by the California Constitution or the United States Constitution.
* (2) For purposes of this subdivision, sexually explicit material is not of newsworthy value solely because the depicted individual is a public figure.


* '''Justification''': ''Currently under New York State law, indecent exposure in person is a crime, but it is not unlawful to send sexually explicit photos to nonconsenting adult recipients through electronic transmission. With the growing modem age of online dating, many individuals are receiving sexually explicit visual content without their consent from strangers. No person should be forced to view sexually explicit material without their consent.''
('''d''') It shall not be a defense to an action under this section that there is a disclaimer included in the sexually explicit material that communicates that the inclusion of the depicted individual in the sexually explicit material was unauthorized or that the depicted individual did not participate in the creation or development of the material.


''The bill offers a clear deterrent to those considering sending unsolicited sexual pics and similar inappropriate conduct, and protects the
('''e''') (1) A prevailing plaintiff who suffers harm as a result of the violation of subdivision (b) may recover any of the following:
unwilling recipients who currently have no legal recourse for such abuses.
* (A) An amount equal to the monetary gain made by the defendant from the creation, development, or disclosure of the sexually explicit material.
* (B) One of the following:
:** (i) Economic and noneconomic damages proximately caused by the disclosure of the sexually explicit material, including damages for emotional distress.
:** (ii) Upon request of the plaintiff at any time before the final judgment is rendered, the plaintiff may instead recover an award of statutory damages for all unauthorized acts involved in the action, with respect to any one work, as follows:
:** (I) A sum of not less than one thousand five hundred dollars ($1,500) but not more than thirty thousand dollars ($30,000).
:** (II) If the unlawful act was committed with malice, the award of statutory damages may be increased to a maximum of one hundred fifty thousand dollars ($150,000).
* (C) Punitive damages.
* (D) Reasonable attorney’s fees and costs.
* (E) Any other available relief, including injunctive relief.
(2) The remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is available under any other law.


''What is illegal in the real world must be illegal in the digital world, and this legislation is a first step in the right direction in adding that accountability.''
('''f''') An action under this section shall be commenced no later than three years from the date the unauthorized creation, development, or disclosure was discovered or should have been discovered with the exercise of reasonable diligence.


* '''Legislative history''':
('''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.
*# Senate - 2020 - S5949 Referred to Codes
*# Assembly - 2020 - A7801 Referred to Codes


* '''Fiscal implications''': ''Minimal''
<ref name="CaliforniaStateLaw AB 602">
{{Citation
| title = "AB-602 Depiction of individual using digital or electronic technology: sexually explicit material: cause of action."
| first = Marc
| last = Berman
| author-link = w:Marc Berman
| first2 = Connie
| last2 = Leyva
| author2-link = w:Connie Leyva
| series =
| year = 2019
| publisher = [[w:California]]
| url = https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB602
}}


* '''Effective date''': ''This act shall take effect on the first of November next succeeding the date on which it shall have become a law.''
</ref>


The text of the bill is, as of 2021-03-24, as follows:
----


:"Section  1. The penal law is amended by adding a new section 250.70 to read as follows:
* [[w:California State Legislature]]
 
:'''§ 250.70 ''UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL'''''.
:A person is guilty of unlawful electronic transmission of sexually explicit visual material if a person knowingly transmits by electronic means visual material that depicts any person engaging in sexual conduct or with a person's intimate parts exposed or depicts the covered genitals of a male person that are in a discernibly turgid state and such visual material is not sent at the request of or with the express consent of the recipient. For purposes of this section the term "intimate parts" means the naked genitals, pubic area, anus, or female postpubescent nipple of the person and the term "sexual conduct" shall have the same meaning as defined in section 130.00 of this chapter. Unlawful electronic transmission of sexually explicit visual material is a class a misdemeanor.


:'''§ 2'''. This act shall take effect on the first of November next succeeding the date on which it shall have become a law."
== Law on synthetic filth in China 2020 ==
 
== Law on synthetic filth in China ==
[[File:Flag of China.png|thumb|left|200px|China passed a law requiring faked footage to be labeled as such]]
[[File:Flag of China.png|thumb|left|200px|China passed a law requiring faked footage to be labeled as such]]


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<section end=China2020 />
<section end=China2020 />


== Law on synthetic filth in the UK ==
= Action needed =
 
== EU Law on AI 20?? ==
[[File:Flag of Europe.svg|thumb|left|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
 
* 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)
 
* https://artificialintelligenceact.eu/ is a website on the planned law by the [https://futureoflife.org/ Future of Life Institute], an American non-profit NGO.
 
== Law on synthetic filth in the UK 20?? ==
[[File:Flag of the United Kingdom.svg|thumb|left|200px|The UK needs to improve its legislation. Please [https://www.change.org/p/the-law-comission-tighten-regulation-on-taking-making-and-faking-explicit-images sign the petition initiated by Helen Mort] in late 2020.]]
[[File:Flag of the United Kingdom.svg|thumb|left|200px|The UK needs to improve its legislation. Please [https://www.change.org/p/the-law-comission-tighten-regulation-on-taking-making-and-faking-explicit-images sign the petition initiated by Helen Mort] in late 2020.]]
[[File:Helen Mort (2014).jpg|thumb|right|245px|[[w:Helen Mort]] is a British poet, novelist and activist against [[synthetic human-like fakes]]. Please sign the petition [https://www.change.org/p/the-law-comission-tighten-regulation-on-taking-making-and-faking-explicit-images ''''''Tighten regulation on taking, making and faking explicit images'''''' at Change.org] originated by her and to be delivered to the [[w:Law Commission (England and Wales)]] and the prime minister.]]
[[File:Helen Mort (2014).jpg|thumb|right|245px|[[w:Helen Mort]] is a British poet, novelist and activist against [[synthetic human-like fakes]]. Please sign the petition [https://www.change.org/p/the-law-comission-tighten-regulation-on-taking-making-and-faking-explicit-images ''''''Tighten regulation on taking, making and faking explicit images'''''' at Change.org] originated by her and to be delivered to the [[w:Law Commission (England and Wales)]] and the prime minister.]]
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{{#lst:Mediatheque|HelenMort2020}}
{{#lst:Mediatheque|HelenMort2020}}
= Bills in the works =
== Law on synthetic filth in New York 20?? ==
[[File:Flag of New York (1909–2020).png|thumb|left|200px|[[w:New York State Legislature]] regular session 2021-2022 is contemplating the [https://www.nysenate.gov/legislation/bills/2021/S1641 New York senate bill '''S1641'''] and identical [https://www.nysenate.gov/legislation/bills/2021/A6517 assembly bill '''A6517'''] to ban sending unsolicited pornography.]]
In the 2021-2022 [[w:New York State Senate]] regular sessions, on 2021-01-14 Senator [[w:James Skoufis]] ([https://www.nysenate.gov/senators/james-skoufis official website]) sponsored and Senators [[w:Brian Benjamin]] ([https://www.nysenate.gov/senators/brian-benjamin official website]) and [[w:Todd Kaminsky]] ([https://www.nysenate.gov/senators/todd-kaminsky official website)] of the New York State Senate co-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]. On 2021-03-19 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''] was introduced to the [[w:New York State Assembly]] by Assembly Member [[w:Aileen Gunther]] ([https://nyassembly.gov/mem/Aileen-M-Gunther official website]).<ref group="1st seen in">
First seen in the [https://trackbill.com/search/#/related=%7B%22id%22:%221690501%22,%22state%22:%22CA%22,%22session%22:%222019%22,%22billId%22:%22AB602%22%7D&direction=desc&page=1&resultsPerPage=25&sort=relevancy&tracked&upcoming_hearings&type=bills&state=all&session suggestions for similar bills for Bills similar to CA AB602 by trackbill.com].
</ref>
If this bill passes it will be codified in the [[w:Consolidated Laws of New York]]. View the [https://www.nysenate.gov/legislation/laws/CONSOLIDATED '''Consolidated Laws of New York''' at nysenate.gov].
* '''Title of bill''': ''An act to amend the penal law, in relation to the creation of the criminal offense of unlawful electronic transmission of sexually explicit visual material''
* '''Purpose''': ''The purpose of this bill is to make it unlawful to send sexually explicit material through electronic means unless the material is sent at the request of, or with the express consent of the recipient.''
* '''Summary of provisions''': Adds a '''new section 250.70''' to the penal law making it ''unlawful to knowingly transmit by electronic means visual material that depicts any person engaging in sexual conduct or with a person's intimate parts exposed unless the material is sent at the request of, or with the express consent of the recipient.
* '''Justification''': ''Currently under New York State law, indecent exposure in person is a crime, but it is not unlawful to send sexually explicit photos to nonconsenting adult recipients through electronic transmission. With the growing modem age of online dating, many individuals are receiving sexually explicit visual content without their consent from strangers. No person should be forced to view sexually explicit material without their consent.''
''The bill offers a clear deterrent to those considering sending unsolicited sexual pics and similar inappropriate conduct, and protects the
unwilling recipients who currently have no legal recourse for such abuses.
''What is illegal in the real world must be illegal in the digital world, and this legislation is a first step in the right direction in adding that accountability.''
* '''Legislative history''':
*# Senate - 2020 - S5949 Referred to Codes
*# Assembly - 2020 - A7801 Referred to Codes
* '''Fiscal implications''': ''Minimal''
* '''Effective date''': ''This act shall take effect on the first of November next succeeding the date on which it shall have become a law.''
The text of the bill is, as of 2021-03-24, as follows:
:"Section  1. The penal law is amended by adding a new section 250.70 to read as follows:
:'''§ 250.70 ''UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL'''''.
:A person is guilty of unlawful electronic transmission of sexually explicit visual material if a person knowingly transmits by electronic means visual material that depicts any person engaging in sexual conduct or with a person's intimate parts exposed or depicts the covered genitals of a male person that are in a discernibly turgid state and such visual material is not sent at the request of or with the express consent of the recipient. For purposes of this section the term "intimate parts" means the naked genitals, pubic area, anus, or female postpubescent nipple of the person and the term "sexual conduct" shall have the same meaning as defined in [https://www.nysenate.gov/legislation/laws/PEN/130.00 section 130.00 (Sex offenses; definitions of terms)] of this chapter. Unlawful electronic transmission of sexually explicit visual material is a class a misdemeanor.
:'''§ 2'''. This act shall take effect on the first of November next succeeding the date on which it shall have become a law."
----
<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:BrianBenjaminFlag.jpg|thumb|260px|Senator [[w:Brian Benjamin]] ([https://www.nysenate.gov/senators/brian-benjamin official website]) is a cosponsor of S1641
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.
* [[w:New York State Legislature]]
</gallery>


----
----
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* '''History''': This version is an evolution of a Finnish language original written in 2016.
* '''History''': This version is an evolution of a Finnish language original written in 2016.


[[File:Suomen lippu valokuva.png|right|thumb|260px|[[w:Finland]] has very logical and very accessible laws, but also here we need updating of the laws for this age of industrial disinformation.]]
[[File:Suomen lippu valokuva.png|right|thumb|260px|[[w:Finland]] has very logical and very [https://www.finlex.fi/en/laki/kaannokset/ accessible laws], but also here we need updating of the laws for this age of industrial disinformation.]]


Existing law in <big>Chapter 24. of the Finnish Criminal Code - "''Offences against privacy, public peace and personal reputation''"</big> seems to be ineffective against many [[synthetic human-like fakes|synthetic human-like fake attack]] and seems it could be used to frame victims for crimes with [[synthetic human-like fakes#Digital sound-alikes|digital sound-alikes]].
Existing law in <big>Chapter 24. of the Finnish Criminal Code - "''Offences against privacy, public peace and personal reputation''"</big> seems to be ineffective against many [[synthetic human-like fakes|synthetic human-like fake attack]] and seems it could be used to frame victims for crimes with [[synthetic human-like fakes#Digital sound-alikes|digital sound-alikes]].
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==== Afterwords ====
==== Afterwords ====
The original idea I had was to ban both the raw materials i.e. the models to make the visual synthetic filth and also the end product, but then in July 2019 it appeared to me that [[Adequate Porn Watcher AI (concept)]] could really help in this age of industrial disinformation if it were built and trained and banning modeling of human appearance was in conflict with the "original plan".
The original idea I had was to ban both the raw materials i.e. the models to make the visual synthetic filth and also the end product weaponized synthetic pornography, but then in July 2019 it appeared to me that [[Adequate Porn Watcher AI (concept)]] could really help in this age of industrial disinformation if it were built, trained and operational. Banning modeling of human appearance was in conflict with the revised plan.


One would assume that collecting permissions to model each porn is not plausible, so the question is that can we ban covert modeling from non-pornographic pictures, while still retaining the ability to model all porn found on the Internet.
It is safe to assume that collecting permissions to model each pornographic recording is not plausible, so an interesting question is that can we ban covert modeling from non-pornographic pictures, while still retaining the ability to model all porn found on the Internet.


In case we want to pursue banning modeling people's appearance from non-pornographic images/videos without explicit permission be pursued it must be <font color="green">formulated</font> so that this <font color="red">'''does not make'''</font> <big>'''[[Adequate Porn Watcher AI (concept)]]'''</big> <font color="red">illegal</font> / <font color="red">impossible</font>. This would seem to lead to a weird situation where modeling a human from non-pornographic media would be illegal, but modeling from pornography legal.
In case we want to pursue banning modeling people's appearance from non-pornographic images/videos without explicit permission be pursued it must be <font color="green">formulated</font> so that this <font color="red">'''does not make'''</font> <big>'''[[Adequate Porn Watcher AI (concept)]]'''</big> <font color="red">illegal</font> / <font color="red">impossible</font>. This would seem to lead to a weird situation where modeling a human from non-pornographic media would be illegal, but modeling from pornography legal.


=== Law proposal to ban unauthorized modeling of human voice ===
=== Law proposal to ban unauthorized modeling of human voice ===
{{#ev:youtube|0sR1rU3gLzQ|360px|right|Video [https://www.youtube.com/watch?v=0sR1rU3gLzQ video 'This AI Clones Your Voice After Listening for 5 Seconds' by '2 minute papers' at YouTube] describes the voice thieving machine by Google Research in [[w:NeurIPS|w:NeurIPS]] 2018.}}
{{#ev:youtube|0sR1rU3gLzQ|360px|right|[https://www.youtube.com/watch?v=0sR1rU3gLzQ Video 'This AI Clones Your Voice After Listening for 5 Seconds' by '2 minute papers' at YouTube] describes the voice thieving machine by Google Research in [[w:NeurIPS|w:NeurIPS]] 2018.}}
 
'''Motivation''': The current situation where the criminals can freely trade and grow their libraries of stolen voices is unwise.


==== §1 Unauthorized modeling of a human voice ====
==== §1 Unauthorized modeling of a human voice ====
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== Synthetic filth in the law and media ==
== Synthetic filth in the law and media ==
* [https://scholarship.law.vanderbilt.edu/cgi/viewcontent.cgi?article=4409&context=vlr ''''''"The New Weapon of Choice": Law's Current Inability to Properly Address Deepfake Pornography'''''' at scholarship.law.vanderbilt.edu], October 2020 Notes by Anne Pechenik Gieseke published in the The [[w:Vanderbilt Law Review]], the flagship [[w:academic journal]] of [[w:Vanderbilt University Law School]].
* [https://carnegieendowment.org/2020/07/08/deepfakes-and-synthetic-media-in-financial-system-assessing-threat-scenarios-pub-82237 ''''''Deepfakes and Synthetic Media in the Financial System: Assessing Threat Scenarios'''''' at carnegieendowment.org], a 2020-07-08 assessment identifies some types of criminalities that can be made using [[synthetic human-like fakes]].
* [https://carnegieendowment.org/2020/07/08/deepfakes-and-synthetic-media-in-financial-system-assessing-threat-scenarios-pub-82237 ''''''Deepfakes and Synthetic Media in the Financial System: Assessing Threat Scenarios'''''' at carnegieendowment.org], a 2020-07-08 assessment identifies some types of criminalities that can be made using [[synthetic human-like fakes]].
* [https://scholarship.law.duke.edu/dltr/vol17/iss1/4/ 'Deepfakes: False Pornography Is Here and the Law Cannot Protect You'], published in 2019 in the [[w:Duke Law Journal|Duke Law Journal]], a student-run law review.
* [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 ==
== The countries that have unfortunately banned full face veil ==
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