Laws against synthesis and other related crimes: Difference between revisions

</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]]'''.  

'''[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]

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:  

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.''

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"/>  

<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=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">

</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">

The law of California is as follows:

('''a''') '''For purposes of this section''':

* (1) “''Authorized Representative''” means an attorney, talent agent, or personal manager authorized to represent a depicted individual or, if the depicted individual does not have an attorney, talent agent, or personal manager, a labor union representing performers in audiovisual works.

* (2) (A) “''Consent''” means an agreement written in plain language signed knowingly and voluntarily by the depicted individual that includes a description of the sexually explicit material and the audiovisual work in which it will be incorporated.

* (2) (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.

* (3) “''Depicted individual''” means an individual depicted in a realistic digitized performance in which the individual did not actually perform. For purposes of this paragraph, “''digitized''” includes depicting the nude body parts of another human being as being those of the individual or imposing digitally created nude body parts onto the individual.

* (4) “''Disclose''” means to transfer, publish, make available, or distribute.

* (5) “''Harm''” includes, but is not limited to, economic harm or emotional distress.

* (6) “''Individual''” means a natural person.

* (7) “''Nude''” means visible genitals, pubic area, anus, or a female’s postpubescent nipple or areola.

* (8) “''Person''” means a human being or legal entity.

* (9) “''Sexual conduct''” means any of the following:

** (C) Sexual penetration of the mouth, vagina, or rectum by, or with, an object.

** (D) The transfer of semen onto the depicted individual.

* (10) “''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.

 

* (2) The person '''discloses, but did not create''', sexually explicit material in an audiovisual work and the person knew the depicted individual did not consent.

('''c''') (1) '''A person''' is '''not liable''' under this section if the person proves any of the following:

* (A) The person disclosed the sexually explicit material in the course of reporting unlawful activity, in the course of a legal proceeding, or the person is a member of law enforcement and disclosed the sexually explicit material in the course of exercising the person’s law enforcement duties.

* (B) The person disclosed the sexually explicit material in relation to a matter of legitimate public concern.

* (C) The person disclosed the sexually explicit material in a work of political or newsworthy value, or similar work.

* (D) The person disclosed the sexually explicit material for the purposes of commentary or criticism or the disclosure is otherwise protected by the California Constitution or the United States Constitution.

('''c''') (2) For purposes of this subdivision, sexually explicit material is not of newsworthy value because the depicted individual is a public figure.

('''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.

('''e''') (1) '''A prevailing plaintiff may recover any of the following''':

* (A) Economic and noneconomic damages proximately caused by the disclosure of the sexually explicit material, including damages for emotional distress.

* (B) An amount equal to the monetary gain made by the defendant from the creation, development, or disclosure of the sexually explicit material, or the plaintiff may, at any time before the final judgment is rendered, recover instead an award of statutory damages for all unauthorized acts involved in the action, with respect to any one work, in a sum not less than five thousand dollars ($5,000) or more than five hundred thousand dollars ($500,000).

* (2) This act does not affect any right or remedy available under any other law.

* (f) An action under this section shall be brought 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.

 

('''g''') (1) A '''plaintiff may''' proceed '''using''' a '''pseudonym''', either John Doe, Jane Doe, or Doe, for the true name of the plaintiff and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. A plaintiff who proceeds using a pseudonym and excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon the defendant a confidential information form for this purpose that includes the plaintiff’s name and other identifying characteristics excluded or redacted. The court shall keep the plaintiff’s name and excluded or redacted characteristics confidential.

('''g''') (2) In cases where a '''plaintiff proceeds using a pseudonym''' under this section, the following provisions shall apply:

* (A) All other parties and their agents and attorneys shall use this pseudonym in all pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public.

::* (i) Any party filing a pleading, discovery document, or other document in the action shall exclude or redact any identifying characteristics of the plaintiff from the pleading, discovery document, or other document, except for a confidential information form filed pursuant to this subdivision.

::*(ii) A party excluding or redacting identifying characteristics as provided in this section shall file with the court and serve upon all other parties a confidential information form that includes the plaintiff’s name and other identifying characteristics excluded or redacted. The court shall keep the plaintiff’s name and excluded or redacted characteristics confidential.

* (C) All court decisions, orders, petitions, discovery documents, and other documents shall be worded so as to protect the name or other identifying characteristics of the plaintiff from public revelation.

('''g''') (3) The following '''definitions''' apply to this subdivision:

* (A) “''Identifying characteristics''” means name or any part thereof, address or any part thereof, city or unincorporated area of residence, age, marital status, relationship to defendant, and race or ethnic background, telephone number, email address, social media profiles, online identifiers, contact information, or any other information, including images of the plaintiff, from which the plaintiff’s identity can be discerned.

* (B) “''Online identifiers''” means any personally identifying information or signifiers that would tie the plaintiff to a particular electronic service, device, or internet application, website, or platform account, including, but not limited to, access names, access codes, account names, aliases, avatars, credentials, gamer tags, display names, handles, login names, member names, online identities, pseudonyms, screen names, user accounts, user identifications, usernames, Uniform Resource Locators (URLs), domain names, Internet Protocol (IP) addresses, and media access control (MAC) addresses.

 

 

 

 

</ref><ref name="CaliforniaStateLaw AB 602">

[[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.]]

* [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.