In a world where artificial intelligence is advancing at an unprecedented pace, the threat of deep fakes—manipulated and AI-generated content—has never been more significant. Recent cases involving A-list celebrities like Tom Hanks and Drake being unwittingly involved in deep fake content have prompted a bipartisan group of senators to introduce a draft policy aimed at tackling this issue. The proposed legislation, known as the Nurture Originals, Foster Art, and Keep Entertainment Safe Act, or NO FAKES, seeks to provide legal recourse for both celebrities and ordinary individuals whose likeness has been replicated without their consent by AI technology.
The NO FAKES Act: Protecting the rights of individuals
The NO FAKES Act is designed to give individuals, whether famous or not, the power to combat the unauthorized use of their voice or image through artificial intelligence replication. The discussion draft of the act outlines that those who have had their likeness replicated without consent can sue for damages against both the AI clone creator and platforms that knowingly host, publish, or distribute such content. This measure aims to hold creators and platforms accountable for their involvement in spreading deep fake material.
First Amendment protections and exceptions
While the legislation seeks to address the issue of deep fakes, it also takes into account the importance of free speech and artistic expression. To strike a balance between individual rights and First Amendment protections, the NO FAKES Act includes exceptions. These exceptions allow the use of digital clones for purposes such as news reporting, sports broadcasts, documentaries, and cases involving comment, criticism, scholarship, satire, or parody. This ensures that legitimate and creative uses of AI technology are not stifled.
Support from senators
The draft legislation has garnered support from a bipartisan group of senators. Senator Chris Coons (D-Del.), one of the co-sponsors of the draft, emphasized the need for clear policies to regulate the use of generative AI. He stressed that it is crucial to defend individual rights while fostering AI innovation and creativity. Other senators supporting the bill include Marsha Blackburn (R-Tenn.), Thom Tillis (R-N.C.), and Amy Klobuchar (D-Minn). The senators hope to introduce a bill based on the draft language in the coming months.
Inclusivity for non-celebrities
While celebrities like Tom Hanks and Drake are prominently featured in discussions surrounding the proposed legislation, it’s important to note that the legal recourse offered by the NO FAKES Act extends to non-celebrities as well. The goal is to prevent anyone from having their likeness exploited without their consent. The legislation aims to prevent scenarios where, for example, movie studios could replace a living actor with an AI-generated version or individuals could create and distribute songs that mimic famous artists like Drake.
Challenges in implementing the legislation
Despite the noble intent behind the legislation, implementing it effectively is likely to face some challenges. One of the key challenges is discerning between authorized and unauthorized use of AI clones. The legislation proposes that creators cannot defend themselves by merely labeling their work as unauthorized, which raises questions about the burden of proof and potential legal complexities.
The entertainment industry and AI
The entertainment industry has been at the forefront of the debate surrounding AI clones. The Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA), a labor union representing actors and performers, has been on strike over various industry issues, including concerns about the use of AI clones by film and television studios. SAG-AFTRA has been pushing for regulations governing when and how AI technology can be used, highlighting the need for industry-wide guidelines and protection for artists.
AI’s impact on film and television
AI’s impact on the film and television industry has already been significant. For example, the latest installment in the “Indiana Jones” franchise featured a de-aged Harrison Ford, created in part using artificial intelligence. Numerous startups and companies are exploring ways to leverage AI’s processing power in areas such as visual effects work and dialogue dubbing, demonstrating the technology’s potential and its growing influence in the entertainment sector.
The proposed NO FAKES Act is a significant step toward addressing the escalating threat of deep fakes. By extending legal recourse to both celebrities and ordinary individuals, the legislation aims to protect individuals from unauthorized use of their likeness through AI replication. While the First Amendment exceptions maintain a balance between individual rights and freedom of expression, the legislation’s implementation will likely face challenges. The entertainment industry, which has witnessed the impact of AI technology, is central to this debate. The NO FAKES Act is poised to be a crucial development in safeguarding the rights of individuals in an age where AI-generated content is becoming increasingly prevalent
