THE SENATE UNANIMOUSLY passed a bipartisan bill to provide recourse to victims of porn deepfakes — or sexually-explicit, non-consensual images created with artificial intelligence.
The legislation, called the Disrupt Explicit Forged Images and Non-Consensual Edits (DEFIANCE) Act — passed in Congress’ upper chamber on Tuesday. The legislation has been led by Sens. Dick Durbin (D-Ill.) and Lindsey Graham (R-S.C.), as well as Rep. Alexandria Ocasio-Cortez (D-N.Y.) in the House.
The legislation would amend the Violence Against Women Act (VAWA) to allow people to sue those who produce, distribute, or receive the deepfake pornography, if they “knew or recklessly disregarded” the fact that the victim did not consent to those images.
There are stark differences between the scenarios you’re presenting, but going to the core of your point, is it even legal to paint a photorealistic nude?
I don’t know of any court cases about this specific subject, but I remember when Rush painted Tiger Woods (“The masters at Augusta”), he was sued.
He got away with not having to pay money to Tiger Woods, but partly because it’s a stylized painting and it pushed towards first amendment rights. This wouldn’t work in a photorealistic depiction, so it seems highly unlikely that such a painting would be OK…
Fair, but then this law serves no purpose. The thing it was designed to prevent was already illegal.