US Lawmakers Introduce DEFIANCE Act in Response to Rise in AI-Generated Explicit Images
In the wake of the controversy surrounding AI-generated explicit images of Taylor Swift, a group of US lawmakers has proposed the Disrupt Explicit Forged Images and Non-Consensual Edits (DEFIANCE) Act. The bill seeks to empower individuals to sue over digitally fabricated pornographic images of themselves, introducing a civil right of action against those who knowingly produce or possess such images with the intent to disseminate them without consent.
Senate Majority Whip Dick Durbin (D-IL) spearheaded the introduction of the DEFIANCE Act, joined by Senators Lindsey Graham (R-SC), Amy Klobuchar (D-MN), and Josh Hawley (R-MO). The legislation builds upon a provision in the Violence Against Women Act Reauthorization Act of 2022, extending similar legal recourse for non-consensual explicit images.
The sponsors outlined the DEFIANCE Act as a response to the alarming surge in digitally manipulated explicit AI images, citing Taylor Swift’s case as an example of how these forgeries can be exploited to harass and harm women, especially public figures, politicians, and celebrities.
The term “deepfakes” is commonly used to refer to pornographic AI-manipulated images, which have become more prevalent and sophisticated since the term’s inception in 2017. The widespread availability of generative AI tools has facilitated their production, even on systems designed to prevent explicit content or impersonation. Deepfakes have been employed for malicious purposes such as harassment and blackmail, highlighting the need for legal measures.
While many states have enacted laws against unsimulated nonconsensual pornography, legislation addressing simulated imagery remains scarce. President Joe Biden’s AI regulation agenda includes addressing this gap, with White House press secretary Karine Jean-Pierre urging Congress to pass new laws following the Taylor Swift incident.
The DEFIANCE Act focuses on a broader definition of forgery, encompassing any “intimate” sexual image created through software, machine learning, artificial intelligence, or other technological means, appearing indistinguishable from an authentic visual depiction of the individual. This includes both AI-generated images and real pictures modified to appear sexually explicit. The proposed legislation does not absolve liability even if an image is labeled as inauthentic.
While several bills addressing AI and nonconsensual pornography have been introduced, many are yet to pass. The DEFIANCE Act, despite potential concerns about its implications for artistic expression, represents a more limited approach to addressing the specific issue of digitally fabricated explicit images. However, its journey to passage is anticipated to face challenges in Congress.