US legislators, led by Senate Majority Whip Dick Durbin, have introduced the Disrupt Explicit Forged Images and Non-Consensual Edits (DEFIANCE) Act to empower individuals to sue over digitally fabricated explicit images.
The bill addresses the rising issue of AI-generated explicit imagery, exemplified by the case involving Taylor Swift. If enacted, the DEFIANCE Act would establish a civil right of action against those knowingly producing or possessing such images with the intent to disseminate, allowing victims to seek financial damages.
Introduced alongside Senators Lindsey Graham, Amy Klobuchar, and Josh Hawley, the DEFIANCE Act builds upon a provision in the Violence Against Women Act Reauthorization Act of 2022. This legislation extends a similar right of action to non-faked explicit images. The sponsors emphasize the urgent need for legal measures in response to the escalating prevalence of digitally manipulated explicit AI images, citing instances of exploitation and harassment against women, particularly public figures and celebrities.
The DEFIANCE Act is not confined to AI-generated images but encompasses any intimate sexual image created through software, machine learning, artificial intelligence, or other technological means to appear indistinguishable from an authentic depiction. This broad scope includes manipulated real pictures, even those modified using older tools like Photoshop. Labeling the image as inauthentic does not absolve liability.
The rise of pornographic AI-manipulated images, commonly known as deepfakes, has outpaced legal frameworks. While many states have enacted laws against nonconsensual pornography, legislation specifically addressing simulated imagery remains limited. President Joe Biden’s AI regulation agenda and calls from the White House underscore the need for new laws, particularly in light of the Taylor Swift incident.
Despite numerous bills proposed by Congress to address AI and nonconsensual pornography, many await passage. The DEFIANCE Act, while not without questions, offers a more targeted approach than broader bans. It aims to strike a balance in addressing the challenges posed by AI technology while ensuring legal safeguards against nonconsensual and exploitative uses. However, its journey through legislation may face challenges on the path to enactment.
