Bipartisan Effort to Protect Likeness and Voice from AI Replication
A bipartisan group of U.S. senators has introduced a new bill designed to safeguard individuals from having their likeness and voice replicated by artificial intelligence (AI) technology. The proposed legislation, named The Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2023, is being referred to as the No Fakes Act. It aims to provide legal recourse for people whose images or voices have been replicated without their consent.
Under the act, both celebrities and ordinary people would have the right to sue for damages against the creators of AI-generated deepfakes, as well as any platforms that knowingly host, publish, or distribute them. The bill aims to protect individuals from the unauthorized production of digital replicas of their likeness, unless it falls within specific exemptions such as news, sports broadcasts, documentaries, or biographical works.
The legislation also includes exceptions based on the First Amendment, allowing the use of deepfakes for purposes such as news reporting, sports broadcasts, and documentaries. It also allows for the use of deepfakes for comment, criticism, or parody.
Senators Chris Coons, Marsha Blackburn, Amy Klobuchar, and Thom Tillis are the sponsors behind this bill, which seeks to establish standardized rules around the use of AI technology in replicating a person’s face, name, or voice. The intention is to strike a balance between defending individual rights, upholding the First Amendment, and fostering AI innovation and creativity.
The senators’ proposal highlights prominent cases of AI-generated deepfake videos featuring celebrities like Drake, The Weeknd, and Tom Hanks. Tom Hanks, for instance, discovered that a dental company had utilized a deepfaked image of him in their promotional video without his consent.
The introduction of this bill reflects the growing concern over the potential misuse of generative AI technology. While it offers new artistic possibilities, it also poses unique challenges in terms of unauthorized replication. By establishing clear policies, Congress aims to regulate the use and impact of generative AI, ensuring that individuals’ rights are protected.
AI has the potential to bring about significant advancements in various fields, but it is crucial to address ethical and legal considerations. This bipartisan initiative strives to create a framework that balances the rights of individuals with the need for AI innovation. As technology continues to evolve rapidly, legislation like the No Fakes Act paves the way for effective governance and protection against the unauthorized use of likeness and voice in the digital realm.
