Congresswoman Introduces Bill to Criminalize Deepfakes

Rep. Yvette D. Clarke (D-N.Y.) spoke at a press conference at the U.S. Capitol in 2015 with state and city officials about the NYPD's stop-and-frisk policy. (Courtesy of Congresswoman Yvette D. Clarke's office.)

Rep. Yvette Clarke (D-N.Y.) introduced legislation in Congress to criminalize “deepfakes,” a form of video technology that creates computer-generated images that often are indistinguishable from real footage.

Ms. Clarke said the Defending Each and Every Person from False Appearances by Keeping Exploitation Subject (DEEPFAKES) Accountability Act would send a “signal to bad actors that they won’t get away with deceiving people,” ABC News reported.

“We know that weaponized deception can be extremely harmful to our society,” said Ms. Clarke. “This bill is meant to take us into the 21st century and establish a baseline so we can discern who is intending to harm us.”

The proposed legislation would require creators to label all deepfakes uploaded to online platforms and warn users of any alterations made to a video or other type of content.

Meanwhile, those who fail to properly label “malicious deepfakes” would face a criminal penalty including prison time and fines.

This category would encompass deepfakes related to sexual content, criminal conduct, incitement of violence, and foreign interference in elections.

Ms. Clarke first introduced the bill in 2019, although it failed to gain traction.

The prevalence of AI-generated content has surged in recent years, primarily attributed to the widespread availability and user-friendly nature of generative tools.

Generative AI, a subset of artificial intelligence, allows the creation of various content, such as text, images, audio, and video, with remarkable simplicity using just a basic user prompt.

Governments around the world are examining the best ways to regulate deepfakes given the risk that bad actors could manipulate them to achieve potentially catastrophic outcomes.

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However, organizations such as the Electronic Frontier Foundation (EFF) have urged Congress against acting hastily. They argue that regulation could have a negative effect on free expression.

“Congress must tread carefully if it seeks to address the actual problem without censoring lawful and socially valuable speech—such as parodies and satires,” the EFF warned in 2019.

“Before Congress drafts legislation to regulate deepfakes, lawmakers should carefully consider what types of content new laws should address, what our current laws already do, and how further legislation will affect free speech and free expression,” the EFF said.

In June, United Kingdom lawmakers passed a law banning the sharing of deepfake images considered to be sexually intimate.

“We are cracking down on abusers who share or manipulate intimate photos in order to hound or humiliate women and girls,” said the country’s Justice Secretary, Alex Chalk.

“Our changes will give police and prosecutors the powers they need to bring these cowards to justice, safeguarding women and girls from such vile abuse.”