The issue of nonconsensual deepfake pornography has been on the rise, with a large percentage of deepfake videos being of pornographic nature, particularly targeting women. Despite the prevalence of this problem, researchers have found that legislators seem to be more interested in addressing political deepfakes rather than tackling the issue of intimate image manipulation. This skewed focus is highlighted by Kaylee Williams, a researcher at Columbia University who has been monitoring the progress of nonconsensual deepfake laws.
In some states, like Michigan, the push for nonconsensual deepfake legislation has been a collaborative effort between Republican and Democratic representatives. Matthew Bierlein, a Republican state representative in Michigan, initially delved into legislative action on deepfakes through exploring laws regarding political deepfakes. However, with the growing prominence of nonconsensual deepfakes, Bierlein joined forces with Democratic representative Penelope Tsernoglou to spearhead bills addressing this issue. Their collaboration showcases a bipartisan approach to combating the harms of deepfake technology.
Michigan’s proactive stance on nonconsensual deepfake legislation reflects a broader trend of states taking independent action to address the challenges posed by deepfake content. By enacting laws at the state level, legislators aim to set a precedent that can influence neighboring states and streamline enforcement efforts. Bierlein emphasizes the importance of state-level intervention in laying the groundwork for a more cohesive approach to combating nonconsensual deepfakes regionally.
Despite the growing recognition of the threat posed by nonconsensual deepfakes, the legal landscape in the United States remains disjointed and inconsistent. Each state has its own set of laws and penalties governing the creation and dissemination of nonconsensual deepfake content, leading to a patchwork of regulations nationwide. Some states prioritize civil actions, while others focus on criminal penalties, with varying degrees of protection afforded to victims based on age and intent.
The ethical dimensions of nonconsensual deepfake legislation present a complex challenge for lawmakers, particularly when it comes to distinguishing between minors and adults as victims. While there is a consensus on the inherent harm inflicted by nonconsensual deepfakes targeting minors, the ethical boundaries surrounding adult victims are less clear. Laws often require proof of malicious intent on the part of perpetrators, complicating the prosecution process and raising questions about the definition of harm in the context of deepfake content.
The landscape of nonconsensual deepfake legislation in the United States is characterized by a mix of political priorities, regional initiatives, legal variations, and ethical considerations. As the prevalence of deepfake technology continues to grow, policymakers face the urgent task of harmonizing laws and protections to safeguard individuals from the harms of nonconsensual manipulation. Collaborative efforts across party lines and between states will be essential in addressing this multifaceted issue and upholding the rights of individuals in the digital age.