Laws against synthesis and other related crimes: Difference between revisions

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]].

New bills are currently in the works in

* [[#China|China]] seems to be planning to ban all synthetic pornography, however consensual its making was

   

= Canada =

[[File:Flag of Canada (Pantone).svg|thumb|right|200px|House of Commons of Canada was contemplating banning distribution of all pornography for which there are no consent declarations and proof-of-age for the people depicted.]]

=== Stopping Internet Sexual Exploitation Act - House of Commons of Canada bill C-270 ===

'''Summary of the C-270 from parl.ca'''

{{cite web

'''Sommaire en français / Summary in French'''

'''Links'''

= China =

This information should be updated.

<section begin=China2020 />On Wednesday January 1 2020 Chinese law requiring that synthetically faked footage should bear a clear notice about its fakeness came into effect. Failure to comply could be considered a [[w:crime]] the [[w:Cyberspace Administration of China]] ([http://www.cac.gov.cn/ cac.gov.cn]) stated on its website. China announced this new law in November 2019.<ref name="Reuters2019">

</ref>

<section end=China2020 />

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= EU =

[[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.]]

* 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)

'''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]

= Finland =

=== Finland criminalized synthetic CSAM in 2011 ===

{{#lst:Law on sexual offences in Finland 2023|history}}

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=== The Domestic Abuse Act 2021 Chapter 17, part 6 - Disclosure of private sexual photographs and films ===

'''Links'''

* [https://www.legislation.gov.uk/ukpga/2021/17/part/6/crossheading/disclosure-of-private-sexual-photographs-and-films/enacted '''Domestic Abuse Act 2021''' / '''Chapter 17''' / '''Part 6''' / '''''Disclosure of private sexual photographs and films''''' - '''''Threats to disclose private sexual photographs and films with intent to cause distress''''' at legislation.gov.uk]

=== Historical about the UK law against synthesis crimes ===

= 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.congress.gov/legislative-process/introduction-and-referral-of-bills '''The Legislative Process: Introduction and Referral of Bills (Video)''' at congress.gov]

* {{#lst:Glossary|US-Congress-glossary}}

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.''

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 />

The text of '''S.B. No. 751''' is as follows

'''''AN ACT relating to the creation of a criminal offense for fabricating a deceptive video with intent to influence the outcome 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.''

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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.

* (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.

'''The law is as follows''':

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:

('''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.

<ref name="CaliforniaStateLaw AB 602">

{{Citation

'''The law is''' as of April 14, 2021<ref name="Georgia Code § 16-11-90 at findlaw.com" /> as follows:

('''a''') As used in this Code section, the term:

('''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.

{{cite web

'''The law is as follows:'''

<big>'''§ 52-c''' - '''''Private right of action for unlawful dissemination or publication of a sexually explicit depiction of an individual.''''' </big>^{Obs: There are 2 § 52-c's}

   

'''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

{{cite web

== Current bills in the USA ==

[https://www.congress.gov/bill/118th-congress/house-bill/5586/text “Defending Each and Every Person from False Appearances by Keeping Exploitation Subject to Accountability Act of 2023” or the “DEEPFAKES Accountability Act” at congress.gov] is a reintroduction of earlier House bill H.R.3230 to the 118th Congress (2023-2024 session)

=== NY Senate bill S5583 in the 2023-2024 regular session ===

* [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 ==