Minnesota bill would ban using AI to create sexually explicit content of real people
A bipartisan group of Minnesota state senators is advocating for tighter restrictions on the creation of computer-generated sexually explicit images of real individuals. The proposed bill would require companies that produce artificial intelligence-generated "deepfakes" to disable their ability to generate pornographic content featuring real people if they operate within the state of Minnesota. You can read more about the bill here.
Addressing a Growing Issue
In recent years, the proliferation of sexually explicit deepfakes has raised concerns as AI technology advances. These deepfakes, which can include photorealistic videos or images, often depict individuals in compromising situations without their consent. Victim advocates emphasize the non-consensual nature of these creations, highlighting the significant harm they can cause.
One Minnesota resident, Megan Hurley, shared her harrowing experience with deepfakes, where a former friend used her photos to create realistic nude images and pornographic videos. This violation of her privacy and dignity underscores the urgent need for legislative action to combat the spread of such harmful content.
Proposed Legislation and Enforcement
If the new deepfake bill is enacted, companies failing to restrict the generation of explicit images of real people could face civil penalties of up to $500,000. The state attorney general would be empowered to take legal action against non-compliant entities, and individuals targeted by deepfakes would have the ability to pursue legal recourse.
While mainstream AI chatbots typically do not allow the creation of sexually explicit content, there are platforms that facilitate such activities. The legislation aims to hold accountable those who enable the production of harmful deepfakes, prioritizing the prevention of further harm to individuals.
Implications and Legal Considerations
The proposed bill does not include exceptions for satirical, political, or artistic expression in deepfake creation—a stance that has sparked debate on the balance between free speech and protecting individuals from harm. Legal experts caution that the legislation may face challenges in court for potentially infringing on First Amendment rights, particularly regarding the creation of erotic imagery.
To navigate these complex issues while safeguarding individuals from the damaging effects of deepfakes, lawmakers are urged to focus on addressing the harm caused by the dissemination of non-consensual content. By striking a balance between free expression and protecting individuals' rights, legislators seek to mitigate the negative impact of deepfake technology on society.
