The use of artificial intelligence (AI) for generating deepfake pornographic images – likenesses of individuals created with the help of AI – is a growing concern. Such use of AI has led to a wave of harassment and abuse, with coworkers and children as frequent targets. Hitherto, there has been a degree of impunity regarding the creation and sharing of these images, primarily because they are not explicitly classified as illegal.
However, in response to this rising problem, several U.S. states have started to revise their laws, with Washington becoming the latest. A new law enacted by the state of Washington will now categorize the distribution of counterfeit pornography portraying real individuals as illegal. According to a report by Axios, these evolving AI capabilities that can manipulate a single photograph to impose someone’s features on lifelike “deepfake” porn have necessitated this legislative change in Washington. The new law, signed by Governor Jay Inslee, penalizes knowingly sharing fabricated intimate images of people without their consent as a gross misdemeanor.
There are more severe punishments in place for those who exploit minors or repeatedly engage in distributing adult deepfake porn, who will face felony charges. These regulations promise to offer greater protection, especially for individuals who lack the resources to actively combat the spread of deepfake, unlike public figures such as Taylor Swift and Scarlett Johansson who have been targeted by deepfakers in the past.
Given the potential harm caused to individuals, laws similar to the one enacted in Washington state are likely to be adopted by other states, aiming to provide some degree of security in an era of pervasive technology misuse.