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Teen deepfake victim pushes for federal law targeting AI-generated explicit content
(www.nbcnews.com)
this post was submitted on 18 Jan 2024
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I'm not sure this is practically possible.
A $1m penalty is more or less instant bankruptcy for 99% of the population. It's probably not much of a deterrent for, say an 18 year old. In my jurisdiction I don't think there are criminal penalties higher than a few thousand dollaridoos. It doesn't matter whether you think this act is so aggregious that it deserves a penalty 1000 time higher than any other, my point is that it would be unenforceable ineffective.
Secondly, how do you determine whether an image is someone's likeness? Create any random image and surely it will look like someone, but that doesn't mean that creating that image violates that someone.
The missing factor is intent. Make a random image, that's that. But if proven that the accused made efforts to recreate a victim's likeness that shows intent. Any explicit work by the accused with the likeness would be used to prove the charges.