Deepfake pornography has been on the rise, with an estimated 90 percent of deepfake videos being of pornographic nature, particularly of nonconsensual content involving women. However, despite the prevalence of this issue, legislators seem to be more focused on political deepfakes. According to Kaylee Williams, a researcher at Columbia University, there is a lack of emphasis on addressing nonconsensual deepfake pornography. This is evident in the case of Matthew Bierlein, a Republican state representative in Michigan, who first delved into the issue through exploring legislation on political deepfakes.
Bierlein, alongside Democratic representative Penelope Tsernoglou, cosponsored a package of nonconsensual deepfake bills in Michigan following a viral incident involving deepfake videos of Taylor Swift. The initial plan behind the legislation was to crack down on political deepfakes by making them a campaign finance violation if disclaimers were not included. However, the scope of the bills later expanded to cover nonconsensual deepfake pornography as well. Bierlein believed that Michigan could set a precedent for other states in the region to adopt similar legislation, emphasizing the importance of addressing the issue at a state level.
Variability Across States
Despite efforts to introduce nonconsensual deepfake legislation, the penalties and protections provided vary significantly from state to state in the United States. According to Williams, the legal landscape regarding nonconsensual deepfakes is inconsistent, with laws differing in terms of civil and criminal implications for perpetrators. Some states, like Mississippi, have focused on protecting minors from deepfake incidents, particularly in educational settings. On the other hand, laws targeting adults often revolve around updating existing legislation on revenge porn.
When it comes to nonconsensual deepfake pornography involving adults, determining ethical boundaries becomes more complex. Unlike cases involving minors, where there is a widespread agreement on the moral wrongness of such acts, defining what is considered “ethical” in adult cases is challenging. Legislators often grapple with the issue of proving intent, requiring evidence that the creation and dissemination of nonconsensual deepfakes were intended to harm the subject.
The issue of nonconsensual deepfake pornography remains a complex and evolving challenge in the United States. While some progress has been made in introducing legislation at the state level, there is a clear need for greater consistency and clarity in the legal framework surrounding deepfake incidents. Addressing the ethical implications and ensuring robust protections for all individuals, regardless of age, is essential in combating the harmful effects of nonconsensual deepfakes in society.
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