New California Deepfake Laws Crack Down on Sexually Explicit Content

California is taking an important step in an effort to protect its residents from the dangers of deepfakes, revenge porn, and AI-generated sexually explicit content. Governor Gavin Newsom recently signed three bills into law, specifically targeting the misuse of artificial intelligence in creating and distributing sexually explicit images without consent.

These new California AI deepfake laws aim to safeguard individuals from the life-altering and traumatic effects of this emerging technology.

A recent investigation by the Washington Post has uncovered a disturbing reality: hundreds of law enforcement officers across the United States have sexually abused children over the past two decades. This revelation sheds light on a critical issue that demands immediate attention and action. Police officers sexually abusing children is not only a betrayal of public trust but also a devastating crime that leaves victims with life-altering trauma.

New California Deepfake Laws Crack Down on Sexually Explicit Content

Understanding California’s New AI Deepfake Laws

The trio of bills signed by Governor Newsom addresses different aspects of the AI deepfake problem. Let’s break down each law and its implications:

SB 926: Criminalizing AI-Generated Sexually Explicit Images

Senate Bill 926, authored by Senator Aisha Wahab, expands the existing revenge porn law to include AI-generated content. This legislation makes it a crime to distribute AI-generated sexually explicit images with the intent to cause serious emotional distress to the person depicted.

Key points of SB 926 include:

  • Criminalization of AI-generated explicit content distribution
  • Focus on intent to cause emotional distress
  • Expansion of identity theft protection to cover AI-generated images

Senator Wahab explained, “Identity theft is often associated to fraud. There are some laws in place for credit card theft and financial violations of innocent people, but we need to move forward with 21st century crimes.”

SB 981: Social Media Platform Responsibilities

The second bill, SB 981, also authored by Senator Wahab, places new responsibilities on social media platforms. This law requires these platforms to implement measures to protect users from non-consensual sexually explicit AI-generated content.

Main requirements of SB 981:

  • Platforms must provide a reporting mechanism for victims
  • Immediate content removal is mandatory upon receiving a valid report
  • Enhanced user protection against AI-generated explicit content

SB 942: AI Content Identification

The third bill, SB 942, focuses on transparency and identification of AI-generated content. This law aims to help the public more reliably identify content created by artificial intelligence.

Key aspects of SB 942:

  • Requires widely-used generative AI systems to include provenance disclosures in their content
  • Mandates the provision of free tools to detect AI-generated content
  • Enhances transparency in AI-generated media

What is the Impact of AI-Generated Explicit Images?

The need for these laws becomes clear when we look at the increasing prevalence and impact of AI-generated explicit content and revenge porn. For example:

  • Cybertipline Reports and Online Exploitation: The National Center for Missing and Exploited Children’s (NCMEC) Cybertipline received over 36.2 million reports of suspected child sexual exploitation online in the previous year. This staggering number highlights the urgent need for stronger protections against online predators and explicit content.
  • Deepfake Targeting and Its Consequences: Marc Berkman, CEO of the Organization for Social Media Safety, a nonprofit that has championed this type of legislation, shared some troubling insights:

    “We have seen pornographic deepfakes target particularly women business owners, women in child custody battles, and now young women in high school and middle schools. It has a real psychological impact on the target of these videos, which is incredibly concerning. There is potential reputational damage.”

The widespread targeting of women and girls is particularly alarming. L.A. County District Attorney George Gascón noted that, “90 to 95% of the victims here happen to be women and girls.

Support and Implementation of the New Laws

These new California AI deepfake laws have garnered significant support from law enforcement and advocacy groups:

  • Endorsement from Law Enforcement: L.A. County District Attorney George Gascón held a news conference earlier this week expressing his support for the new legislation, describing them as “cutting-edge laws.” He emphasized the importance of clearly defining AI-generated explicit content creation and distribution as crimes.
  • Endorsement from Advocacy from Nonprofit Organizations: Organizations like the Organization for Social Media Safety have been instrumental in pushing for these protective measures. Their advocacy has helped bring attention to the real-world consequences of AI-generated explicit content and the need for legal safeguards.

Timeline for Implementation of California’s New AI Deepfake Porn Laws

While these laws mark a significant step forward in protecting Californians online, it’s important to note that they won’t take effect immediately. The new regulations are set to be implemented next year, giving platforms and individuals time to prepare for compliance.

The Broader Implications of California’s AI Deepfake Laws

As California takes the lead in regulating AI-generated explicit content, these laws could have far-reaching effects beyond the state’s borders, including:

  • Setting a Precedent for Other States: California’s proactive approach to AI regulation could inspire similar legislation in other states. As the home of many tech giants, California’s laws often influence tech policy nationwide.
  • Effecting Change with Social Media Platforms: The new requirements for social media platforms, particularly those outlined in SB 981, may necessitate significant changes in how these companies operate. Developing effective reporting mechanisms and ensuring swift content removal could prove challenging but necessary steps in protecting users.
  • Balancing Innovation and Protection: While these laws aim to protect individuals from harm, they also raise questions about the balance between regulating AI and fostering innovation. As AI technology continues to evolve, legislators and tech companies will need to work together to find solutions that protect users without stifling technological progress.

The Role of AI Content Identification in Preventing Deepfakes & Revenge Porn

SB 942’s focus on AI content identification tools could have significant implications for how we interact with digital media, including empowering users.

By requiring AI systems to include provenance disclosures and provide free detection tools, this law aims to empower users to make informed decisions about the content they consume and share.

These new laws represent a significant step forward in the future of online protection, but they’re likely just the beginning of a broader effort to regulate AI and protect individuals in the digital space.

While these laws mark a significant step forward in protecting Californians online, it’s important to note that they won’t take effect immediately. The new regulations are set to be implemented next year, giving platforms and individuals time to prepare for compliance.

Potential for Further Deepfake Porn Legislation in the United States

As AI technology continues to evolve, we may see additional laws and regulations aimed at addressing new challenges and protecting user rights. In fact, three key pieces of deepfake porn and image-based sexual abuse legislation have recently been introduced in Congress:

  • The Defiance Act: Proposed by Alexandria Ocasio-Cortez, this bill would allow victims of deepfake pornography to sue creators, provided they can prove the content was made without their consent.
  • The Take It Down Act: Introduced by Ted Cruz, this legislation would require platforms to remove both revenge porn and nonconsensual deepfake porn.
  • The Protect Act: Introduced by Mike Lee, this bill would require adult and pornography websites to implement numerous security safeguards in an effort to protect victims of image-based sexual abuse (IBSA).

The Need for Ongoing Education

While legal protections are crucial, educating the public about the risks of AI-generated content and how to protect themselves online will also play a vital role in ensuring online safety.

California’s new AI deepfake laws represent a significant step forward in protecting individuals from the misuse of artificial intelligence. By criminalizing the creation and distribution of non-consensual AI-generated explicit content, placing new responsibilities on social media platforms, and mandating AI content identification measures, these laws aim to create a safer online environment for all Californians. As these regulations are implemented in the coming year, their impact on both individuals and the tech industry will be closely watched, potentially setting the stage for similar measures across the country.

Legal Options for California Deepfake Porn Victims

In California, victims of deepfake porn can file civil lawsuits to recover financial compensation against liable perpetrators. Dordulian Law Group’s deepfake porn lawyers have successfully secured more than $200,000,000.00 on behalf of clients with a near-perfect 98% winning record.

At D Law Group, our deepfake porn lawyers are here to listen to your concerns and explain these advancing legal concepts in generalized terms. A good attorney-client relationship is built on clear communication and trust, and we believe in providing the utmost professionalism, courtesy, discretion, and compassion when representing deepfake porn survivors like you.

Deepfake porn lawyer consultations with D Law Group are always free, confidential, and without any obligation. Contact us today at 866-GO-SEE-SAM to discuss your case with a compassionate and dedicated member of our team.

FAQ (Frequently Asked Questions About California’s New AI Deepfake Laws)

The laws primarily target AI-generated sexually explicit images and videos created and shared without the consent of the person depicted.

Social media platforms will be required to provide reporting mechanisms for non-consensual AI-generated explicit content and to remove such content immediately upon receiving a valid report.

While the laws are specific to California, they may have broader implications due to the global nature of social media platforms and California’s influence on tech policy.

While these laws provide legal protections, individuals should also be cautious about sharing personal images online, use strong privacy settings on social media, and stay informed about the latest developments in AI and online safety.

Ready to file a claim and pursue justice through a financial damages award? Our expert attorneys are available online or by phone now.

Author

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Sam Dordulian, founder

Sam Dordulian is an award-winning sexual abuse lawyer with over 25 years’ experience helping survivors secure justice. As a former sex crimes prosecutor and Deputy District Attorney for L.A. County, he secured life sentences against countless sexual predators. Mr. Dordulian currently serves on the National Leadership Council for RAINN.

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A former Deputy District Attorney, Sam Dordulian is a highly-experienced lawyer in Los Angeles, CA, who has assisted in the prosecution of countless criminals. He is now using his experience and passion to advocate for sexual abuse victims and those involved in personal injury disputes.