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California moves to criminalize malicious deepfake pornography

August 29, 2024 | Public Safety, Standing Committees, California State Senate, Senate, Legislative, California


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California moves to criminalize malicious deepfake pornography
In a recent government meeting, California Assembly Bill 1856 was discussed, aiming to criminalize the creation and distribution of deepfake pornography without the consent of the individuals depicted. The bill addresses the growing concern over the misuse of artificial intelligence technology, which has made it increasingly easy to create hyper-realistic digital content that can harm individuals' reputations and mental health.

Mark Berkman, CEO of the Organization for Social Media Safety, emphasized the urgent need for this legislation, citing alarming statistics that show a dramatic increase in deepfake pornography. Since 2016, when the technology was first introduced, the number of such videos has surged from just one identified case to over 143,000 in the first three quarters of 2023 alone. Berkman highlighted the potential for deepfakes to facilitate cyberbullying and exploitation, particularly against women.

Support for AB 1856 came from various stakeholders, including the California District Attorneys Association, which argued that the bill would provide necessary legal recourse against the harmful use of deepfake technology. They noted that the digital nature of the evidence would make prosecution more straightforward.

However, opposition arose from groups like the ACLU California Action, which raised concerns about potential First Amendment violations and the disproportionate impact on young people. Critics argued that the bill could lead to the criminalization of youth behavior, particularly in cases where minors share deepfake content among peers.

The meeting also addressed AB 3064, which seeks to enhance the safety of firearm devices by requiring manufacturers to label their products with make and model information. This measure aims to improve consumer safety and assist law enforcement in identifying recalled or defective devices. Supporters argued that clear labeling is essential for ensuring the effectiveness of these safety devices, while opponents expressed concerns about the implications of additional fees for manufacturers and potential restrictions on gun ownership.

Lastly, AB 2917 was introduced to refine California's gun violence restraining order (GVRO) law, focusing on preventing hate-based violence. The bill aims to empower courts to consider threats against marginalized communities when assessing an individual's access to firearms, thereby enhancing protections against potential violence.

As these bills progress through the legislative process, they reflect California's ongoing efforts to address the challenges posed by emerging technologies and societal issues related to safety and consent.

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