I just heard about this today - ineteresting stuff...
Two New California Laws Tackle Deepfake Videos in Politics and Porn
By K.C. Halm, Ambika Kumar, Jonathan Segal, and Caesar Kalinowski IV
02.28.20
Effective this year, two new California laws are regulating the distribution of so-called "deepfakes"—manipulated images, audio, or visual depictions of someone that appear to be genuine. But the laws, which are designed to prevent improper influence of elections and unauthorized use of one's likeness in pornography, have come under scrutiny from First Amendment advocates.
Assembly Bill (AB) 730 prohibits the use of deepfakes to influence political campaigns. That new law will sunset on Jan. 1, 2023, and will no longer be in effect after that time. AB 602, which addresses deepfakes and pornography, has no sunset provision.
These new measures are part of California's ongoing efforts to regulate new applications enabled by artificial intelligence (AI) and machine-learning technologies. These technologies, once the province of high-powered computers and expert coders, are now accessible to consumers. Last year, the state passed a law prohibiting the use of bots—AI-enabled autonomous communications tools—in commerce or politics, unless the bot's autonomous nature is disclosed to consumers.
Current California Laws Address Only Campaign Material and Fail to Account for AI and Machine Learning
Until now, California has not expressly prohibited the distribution of manipulated or altered content without a showing of fraud or damages. See, e.g., Cal. Civ. Code § 1572 (fraud in contract); § 1709 (deceit). The Election Code, however, prohibits production or distribution of "campaign material" that includes superimposed photographs of candidates intended "to create a false representation." Cal. Elec. Code § 20010(a).
That section, which passed in 1998, does not address or even anticipate the advent of AI and machine learning, which are now capable of producing deepfake video and audio files that often appear to be authentic. For example, a well-publicized deepfake video of President Barack Obama, voiced by actor Jordan Peele, is often used to illustrate the power of this technology. The new laws are designed to bridge that gap.
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