US Bill Proposes Allowing Victims to Sue Over Digitally Manipulated Explicit Images

LI Network

Published on: February 1, 2024 at 12:40 IST

Amidst a significant debate sparked by AI-generated explicit images of Taylor Swift, US lawmakers have introduced a bill proposing that victims should have the right to sue over digitally manipulated sexual images.

The ‘Disrupt Explicit Forged Images and Non-Consensual Edits’ (DEFIANCE) Act aims to incorporate a civil right of action for intimate “digital forgeries,” portraying an identifiable person without their consent.

This legislation would empower victims to seek financial damages from individuals who “knowingly produced or possessed” such manipulated images with the intent to disseminate them.

Senate Majority Whip Dick Durbin (D-IL) introduced the bill, with support from Senators Lindsey Graham (R-SC), Amy Klobuchar (D-MN), and Josh Hawley (R-MO), as reported by The Verge.

According to the bill, an individual depicted in a digital forgery can bring a civil action in a suitable US district court against anyone who knowingly produced, possessed, disclosed, or solicited the digital forgery with the intent to share it.

The term ‘digital forgery’ encompasses any intimate visual depiction of an identifiable individual created using software, machine learning, artificial intelligence, or any other computer-generated means. This includes adapting, modifying, manipulating, or altering an authentic visual depiction to make it indistinguishable from a genuine portrayal of the individual.

Pornographic AI-manipulated images, commonly known as deepfakes, have gained sophistication and popularity since the term was coined in 2017. In response to the growing issue, Microsoft has enhanced protections for its AI text-to-image generation tool, Designer, to prevent the creation of nonconsensual sexual images of celebrities.

In a related development, X, under Elon Musk’s leadership, lifted a temporary ban on searches for Taylor Swift after blocking queries of her name. The ban was implemented following the spread of explicit, digitally altered photos of the singer.

The move faced criticism for delayed action, and the White House emphasized social media companies’ responsibility to curb the dissemination of such misinformation.

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