California Bill Targets AI-Powered Deepfakes, False Impersonation, and Legal Evidence


Ever-evolving technology stands to revolutionize our real-world interactions, but threats such as ‘deepfakes’ threaten to destabilize our trust in online media. Internationally renowned figures like Taylor Swift and George Carlin, for instance, have already fallen victim to synthetic depiction and impersonation recently. While occasionally amusing, these depictions also have the potential to be employed insidiously, even reaching to the depths of courtrooms and legitimate legal proceedings, according to Law360.

This alarming reality is what inspired the introduction of a bill in the California Senate to hold accountable those who attempt to deceive others by falsely impersonating them using virtual means. The proposed bill not only prohibits using artificial intelligence (AI) to falsify someone’s identity or likeness without their consent but it also works towards setting the standards for identifying faked evidence in court proceedings.

This bill, if passed, will enhance the existing law that already prohibits false impersonation of another individual. It will expand this prohibition to cover synthetic voice, video, and image recordings produced by AI. Moreover, if a person knowingly misuses another person’s name, voice, signature, photograph or likeness, it provides a civil cause of action against them. The bill goes further, clarifying that a deceived voice or likeness will be treated in the same way.

This legislative move could not come at a more opportune time, considering the increasing trend of harassing classmates employing AI-produced images. It can offer relief in situations like a posthumous George Carlin comedy special released without the consent of his estate, or the case of actress Scarlett Johansson, who has previously had to contend with AI-generated impersonations source.

Read more about the California Bill Seeking to Regulate AI-Generated Products and Evidence on Law360.