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Saturday, September 21, 2024

Lawmakers introduce bipartisan NO FAKES Act targeting unauthorized AI recreations

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María Elvira Salazar U.S. House of Representatives from Florida's 27th district | Official U.S. House Headshot

María Elvira Salazar U.S. House of Representatives from Florida's 27th district | Official U.S. House Headshot

Today, Representatives María Elvira Salazar (R-FL), Madeleine Dean (D-PA), Nathaniel Moran (R-TX), Adam Schiff (D-CA), Rob Wittman (R-VA), and Joe Morelle (D-NY) introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act. This legislation is a companion to the version introduced in the U.S. Senate by Senators Chris Coons (D-CT), Marsha Blackburn (R-TN), Amy Klobuchar (D-MN), and Thom Tillis (R-NC).

The NO FAKES Act aims to protect individuals' voices and likenesses from unauthorized computer-generated recreations through generative artificial intelligence (AI) and other technologies.

“AI abuse threatens the ability of Americans to express themselves publicly, both online and in-person. While states like Florida are taking action, Congress needs to address this issue nationwide,” said Rep. Salazar. “The NO FAKES Act will strengthen federal protections for your individual right to your voice and likeness and protect our ability to express ourselves creatively for the world to see.”

From prominent entertainers to everyday citizens, non-consensual voice and image clones can cause significant harm, including career damage, deception of families and friends, and emotional trauma for victims. The American public requires clear regulations that empower individuals to control their own faces and voices while fostering innovation.

The NO FAKES Act proposes several measures:

1. Recognize a federal intellectual property right for every individual's voice and likeness, extending this right posthumously.

2. Empower individuals to take legal action against those who knowingly create or profit from unauthorized digital copies.

3. Protect responsible media platforms from liability if they remove offending materials upon discovery.

4. Ensure innovation and free speech are safeguarded.

5. Provide a nationwide solution by January 2, 2025.

“As AI’s prevalence grows, federal law must catch up—we must support technological innovation while preserving the privacy, safety, and dignity of all Americans,” Rep. Dean stated.

Rep. Moran added that AI has immense potential but also poses threats when misused: “The NO FAKES Act will establish essential legal protections... ensuring civil liability for those who improperly use unauthorized AI-generated content.”

Rep. Schiff emphasized the importance of balancing protection with innovation: “The NO FAKES Act will protect innovation while safeguarding the rights... of all creators.”

Rep. Wittman highlighted the societal impacts: “We must protect all Americans – from artists to innocent young children – from deepfakes... I’m proud to join my colleagues in introducing this critical piece of legislation.”

Rep. Morelle stressed privacy concerns: “A.I.-generated deepfakes are incredibly dangerous... I look forward to working with my colleagues to swiftly pass this bill into law.”

Senator Coons expressed his support: “Everyone deserves the right to own and protect their voice... I am excited to watch this bill build support on Capitol Hill.”

Senator Blackburn underscored Tennessee's creative community's need for protection under law.

This bipartisan initiative is supported by major stakeholders including the Recording Industry Association of America, Motion Picture Association, Screen Actors Guild – American Federation of Television and Radio Artists among others.

Mitch Glazier from RIAA praised the alignment between Senate and House efforts: "Their introduction of this landmark bill marks a major step forward towards concrete new protections."

Charles Rivkin from MPA appreciated the thoughtful approach: "We support protecting performers from generative AI abuse... we particularly appreciate safeguards intended to prevent chilling constitutionally protected speech."

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