Laws against synthesis and other related crimes: Difference between revisions

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[[File:No-synthetic-F.png|thumb|right|260px|This article is an attempt to track legislation against synthetic human-like fakes world-wide.]]
[[File:No-synthetic-F.png|thumb|right|260px|link=Main Page|This article is an attempt to track legislation against '''[[synthetic human-like fakes]]''' world-wide.]]
[[File:Screenshot at 27s of a moving digital-look-alike made to appear Obama-like by Monkeypaw Productions and Buzzfeed 2018.png|thumb|right|480px|link=Mediatheque/2018/Obama's appearance thieved - a public service announcement digital look-alike by Monkeypaw Productions and Buzzfeed|{{#lst:Mediatheque|Obama-like-fake-2018}}]]
[[File:Screenshot at 27s of a moving digital-look-alike made to appear Obama-like by Monkeypaw Productions and Buzzfeed 2018.png|thumb|right|480px|link=Mediatheque/2018/Obama's appearance thieved - a public service announcement digital look-alike by Monkeypaw Productions and Buzzfeed|{{#lst:Mediatheque|Obama-like-fake-2018}}]]
[[File:Appearance of Richard Nixon stolen by the Center for Advanced Virtuality of MIT for their awareness raising project In The Event of Moon Disaster 2020 screenshot at 376s.png|thumb|rightr|480px|link=Mediatheque/2020/Nixon's appearance and voice stolen - a public service announcement digital look-alike and sound-alike by MIT's Center for Advanced Virtuality|{{#lst:Mediatheque|Nixon-like-fake-2020}}]]
[[File:Appearance of Richard Nixon stolen by the Center for Advanced Virtuality of MIT for their awareness raising project In The Event of Moon Disaster 2020 screenshot at 376s.png|thumb|rightr|480px|link=Mediatheque/2020/Nixon's appearance and voice stolen - a public service announcement digital look-alike and sound-alike by MIT's Center for Advanced Virtuality|{{#lst:Mediatheque|Nixon-like-fake-2020}}]]
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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 called the [[#Artificial Intelligence Act|Artificial Intelligence Act]] and a few other highly relevant legislative efforts.
* [[#Current bills in the USA|US Senate is considering a bill and the House is considering several anti-fake bills]]
* [[#Current bills in the USA|US Senate is considering an anti-fake bill and the House is considering several bills]]
* [[#Canada|Canada]] is considering C-27
* [[#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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= EU =
= 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.]]
[[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.]]
== Laws in the EU ==
=== Digital Services Act ===
[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>


== Directive on combating violence against women and domestic violence ==
The Artificial Intelligence Act and Digital Services Act together will help in the enforcement of the upcoming protections to shield us from synthesis crimes.
 
== Bills in the EU ==
=== Directive on combating violence against women and domestic violence ===
The [https://commission.europa.eu/document/28552314-3316-40b4-ae0f-17ff8ab9f43f_en '''''Directive on combating violence against women and domestic violence''''' at commission.europa.eu] will require, among other things, that member states criminalize non-consensual [[Synthetic human-like fakes#Digital look-alikes|synthetic digital look-alike]] pornography in their criminal codes.
The [https://commission.europa.eu/document/28552314-3316-40b4-ae0f-17ff8ab9f43f_en '''''Directive on combating violence against women and domestic violence''''' at commission.europa.eu] will require, among other things, that member states criminalize non-consensual [[Synthetic human-like fakes#Digital look-alikes|synthetic digital look-alike]] pornography in their criminal codes.


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* [https://futureoflife.org/ai-policy/disrupting-the-deepfake-pipeline-in-europe/ '''''Disrupting the Deepfake Pipeline in Europe''''' at futureoflife.org], 2024-02-22 article on the approach of ''Leveraging corporate criminal liability under the Violence Against Women Directive to safeguard against pornographic deepfake exploitation'' by Alexandra Tsalidis
* [https://futureoflife.org/ai-policy/disrupting-the-deepfake-pipeline-in-europe/ '''''Disrupting the Deepfake Pipeline in Europe''''' at futureoflife.org], 2024-02-22 article on the approach of ''Leveraging corporate criminal liability under the Violence Against Women Directive to safeguard against pornographic deepfake exploitation'' by Alexandra Tsalidis


== Regulation to Prevent and Combat Child Sexual Abuse ==  
=== Regulation to Prevent and Combat Child Sexual Abuse ===  


* [https://www.europarl.europa.eu/legislative-train/theme-promoting-our-european-way-of-life/file-combating-child-sexual-abuse-online '''''New legislation to fight child sexual abuse online''''' Legislative Train Schedule at europarl.europa.eu] lists this EU bill as ''tabled''. (As of March 2024)
* [https://www.europarl.europa.eu/legislative-train/theme-promoting-our-european-way-of-life/file-combating-child-sexual-abuse-online '''''New legislation to fight child sexual abuse online''''' Legislative Train Schedule at europarl.europa.eu] lists this EU bill as ''tabled''. (As of March 2024)
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* [https://www.euronews.com/my-europe/2024/02/06/new-eu-rules-will-criminalise-paedophilia-handbooks-and-deepfakes-of-child-abuse '''''New EU rules will criminalise 'paedophilia handbooks' and deepfakes of child abuse''''' at euronews.com], 2024-02-06 reporting
* [https://www.euronews.com/my-europe/2024/02/06/new-eu-rules-will-criminalise-paedophilia-handbooks-and-deepfakes-of-child-abuse '''''New EU rules will criminalise 'paedophilia handbooks' and deepfakes of child abuse''''' at euronews.com], 2024-02-06 reporting


== Artificial Intelligence Act ==
=== Artificial Intelligence Act ===


The European Union is planning a law on AI called '''[[w:Artificial Intelligence Act]]'''. The European Commission proposed the AI Act in 2021. On Wednesday 2024-03-13 the MEPs adopted this law.<ref>
The European Union is planning a law on AI called '''[[w:Artificial Intelligence Act]]'''. The European Commission proposed the AI Act in 2021. On Wednesday 2024-03-13 the MEPs adopted this law.<ref>
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'''Reporting'''
'''Reporting'''
* [https://www.euractiv.com/section/artificial-intelligence/opinion/the-ai-act-vs-deepfakes-a-step-forward-but-is-it-enough/ '''''The AI Act vs. deepfakes: A step forward, but is it enough?''''' at euractiv.com], 2024-02-26 opinion piece by Cristina Vanberghen
* [https://www.euractiv.com/section/artificial-intelligence/opinion/the-ai-act-vs-deepfakes-a-step-forward-but-is-it-enough/ '''''The AI Act vs. deepfakes: A step forward, but is it enough?''''' at euractiv.com], 2024-02-26 opinion piece by Cristina Vanberghen
== Digital Services Act ==
[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 will help in the enforcement of the upcoming protections to shield us from synthesis crimes.


== Code of practice on Disinformation 2022 ==
== Code of practice on Disinformation 2022 ==
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}}
}}
</ref> 2023-11-24 compilation on laws against synthetic fakes in India, by Vikrant Rana, Anuradha Gandhi and Rachita Thakur
</ref> 2023-11-24 compilation on laws against synthetic fakes in India, by Vikrant Rana, Anuradha Gandhi and Rachita Thakur
* [https://cybercert.in/what-is-deep-fake-cyber-crime-what-does-indian-law-say-about-it/ '''''What Is Deep Fake Cyber Crime? What Does Indian Law Say About It?''''' at cybercert.in]<ref>
{{cite web
| url = https://cybercert.in/what-is-deep-fake-cyber-crime-what-does-indian-law-say-about-it/
| title = What Is Deep Fake Cyber Crime? What Does Indian Law Say About It?
| last =
| first =
| date =
| website = cybercert.in
| publisher =
| access-date = 2024-03-23
| quote = At present, India does not have any law specifically for deep fake cybercrime, but various other laws can be combined to deal with it.
}}
</ref>
* [https://cybercert.in/indian-cyber-laws/ '''''Cyberlaw in India''''' at cybercert.in] provides a wider look into the Indian Cyber Laws
'''Laws in India'''
'''[[w:Information Technology Act, 2000]]'''
* Section 66D
* Section 66E
'''[[w:Information Technology Rules, 2021]]'''


'''Past bills in India'''
* [[w:Personal Data Protection Bill, 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.
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 either  
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.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.7123 - Quashing Unwanted and Interruptive Electronic Telecommunications Act (QUIET Act) (118th Congress - 2023-2024) ===
[https://www.congress.gov/bill/118th-congress/house-bill/7123/text?s=1&r=3 '''''Quashing Unwanted and Interruptive Electronic Telecommunications Act''''' at congress.gov]<ref group="1st seen in">https://www.newyorker.com/science/annals-of-artificial-intelligence/the-terrifying-ai-scam-that-uses-your-loved-ones-voice</ref>


=== 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) ===