In Short:
In January, lawmakers in Georgia and Congress proposed deepfake legislation with varying concerns on free speech and privacy. Organizations like the ACLU and EFF raised opposition due to potential suppression of legal speech. While some advocate for new laws to tackle deepfake abuse, others argue that existing laws are sufficient, but legal scholars disagree. The ACLU is closely monitoring the legislative process for potential lawsuits.
ACLU Georgia Urges Lawmakers to Revise Bill Criminalizing Deepfakes
On January 29, in testimony before the Georgia Senate Judiciary Committee, Hunt-Blackwell urged lawmakers to scrap the bill’s criminal penalties and to add carve-outs for news media organizations wishing to republish deepfakes as part of their reporting. Georgia’s legislative session ended before the bill could proceed.
Federal Legislation and Opposition
Federal deepfake legislation is also set to encounter resistance. In January, lawmakers in Congress introduced the No AI FRAUD Act, which would grant property rights for people’s likeness and voice, allowing individuals portrayed in deepfakes to sue those involved in creating or disseminating them. The ACLU, the Electronic Frontier Foundation, and the Center for Democracy and Technology submitted a written opposition to this Act.
Concerns and Clarifications
Various groups, including the ACLU, argued that the legislation could stifle constitutionally protected acts like satire and parody. The bill sponsors noted the recognition of First Amendment protections and amendments to include exceptions for satire and parody.
Critiques and Existing Frameworks
While some advocate for narrowly tailored regulations against nonconsensual deepfake pornography, others point to existing anti-harassment laws as sufficient. Legal scholars express the need for more specific regulations to combat the growing abuse of deepfakes.
ACLU’s Stance and Preparedness
The ACLU has not taken legal action against generative AI regulations yet, but is closely monitoring the legislative landscape. They remain prepared to act swiftly when needed.
