The State of Nonconsensual Deepfake Legislation in the United States

The rise of deepfake pornography has become a concerning issue, with the vast majority of deepfake videos being nonconsensual porn of women. Despite the prevalence of this problem, legislators seem more focused on political deepfakes rather than addressing the intimate image question.

Legislative Focus

According to Kaylee Williams, a researcher at Columbia University, there is a lack of emphasis on nonconsensual deepfakes, with more states prioritizing the protection of electoral integrity. For instance, Matthew Bierlein, a Republican state representative in Michigan, initially became involved in the issue through legislation on political deepfakes. However, he later worked on nonconsensual deepfake bills in collaboration with Democratic representative Penelope Tsernoglou.

Michigan took action on nonconsensual deepfakes following the viral spread of such content involving Taylor Swift. Bierlein believed that Michigan could lead the Midwest in addressing the issue due to its full-time legislature and well-paid staffers. The hope was that other states would follow suit, creating a regional standard for enforcement.

Varied Penalties

Penalties for creating and sharing nonconsensual deepfakes vary significantly across states, leading to a lack of consistency in the legal landscape. Some states allow for both civil and criminal cases against perpetrators, while others focus solely on one avenue. Laws like the one in Mississippi primarily target minors involved in deepfake incidents.

When it comes to nonconsensual deepfakes of adults, the ethical framework is less clear and more ambiguous. While there is a consensus that nonconsensual deepfakes of minors are inherently wrong, there is less agreement on the standards for adult cases. Many laws require proof of malicious intent in creating and sharing nonconsensual deepfakes.

The current state of nonconsensual deepfake legislation in the United States highlights the need for more comprehensive and consistent approaches to this growing issue. While some states have taken steps to address the problem, there is still a long way to go in establishing a cohesive framework for combating nonconsensual deepfakes. It is crucial for legislators to prioritize the protection of individuals and their privacy rights in the digital age.