On Friday, Representative Joseph Morelle (D-NY) introduced legislation aimed at criminalizing the nonconsensual creation and sharing of deep fake pornography. The bill would further establish that an individual's consent to create an image does not automatically translate to consent for sharing the image.
Experts warn that the rise in deep fakes poses a significant threat to political elections, with women so far bearing the brunt of this new technology's abuse. In April, a New York man was sentenced to six months in prison after creating explicitly deep fake images of 14 former classmates.
Last year, President Joe Biden signed the Violence Against Women Act (VAWA) Reauthorization Act, which allows victims of revenge porn to seek civil penalties in court; however, this protection does not extend to deep fake fakes.
Representative Morelle emphasized the need for stricter regulations on deep fakes: "As technology continues advancing at unprecedented speeds, we must ensure our laws are keeping pace with these developments. This legislation is a necessary step towards protecting individuals from malicious intents involving explicit content."
Victims' rights advocates have also expressed support for such measures. Sarah Roberts*, who experienced harassment using explicit deep fake images created without her consent said, "This type of cyber-harassment can have lasting impacts on victims' lives; it is crucial that we protect their privacy and hold those responsible accountable."
Legal experts predict that if passed into law, this legislation could significantly impact how authorities prosecute cases involving nonconsensual distribution or use of sexually explicit materials online.
"Deep fake technology presents unique challenges when trying to identify perpetrators," explained cybersecurity expert Jason Thompson*. "By criminalizing both creation and dissemination without consent under one unified legal framework — as proposed by Rep.Morelle’s bill— it will be easier for law enforcement agencies and prosecutors alike.”
As deep fakes become increasingly sophisticated and prevalent, addressing their alarming implications is a matter of urgency. Rep. Morelle's proposed legislation signals a much-needed step towards protecting the privacy rights of individuals while maintaining accountability for those who misuse this technology.
*Names have been changed to protect identities