Will Congress Act on Explicit Deepfakes?

Public policy and privacy attorney Marissa Serafino was interviewed by PoliticoPro about how Congress is approaching artificial intelligence (AI) regulation, specifically around AI-generated pornography. Lawmakers on both sides of the aisle agree that something should be done about the ease with which people can create explicit AI images, but what should or can be done remains to be seen. One example of congressional efforts comes from the office of Senate Judiciary Chair Dick Durbin (D-Ill.): The DEFIANCE Act, an amendment to the Violence Against Women Act that would allow victims to sue creators, solicitors, possessors and distributors of explicit deepfakes in civil court. Ms. Serafino commented that taking a narrow approach focused on perpetrators could increase the chances of the bill becoming law.

"The DEFIANCE Act demonstrates that liability related to AI is palatable for members on both sides of the aisle, especially when the issue is specific and narrow," she said.

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