A potential ban on creating and disseminating artificial intelligence (AI)-generated pornography is one step closer to becoming reality, after two bills passed the House Wednesday, 108-2.
The bills were supported on the floor by bill sponsors Penelope Tsernoglou (D-East Lansing) and Matthew Bierlein (R-Vassar), the latter of whom said the package preserved the earned right of individuals to “control their own images and safeguard their reputation and personal dignity.”
Bierlein said there are already thousands of cases documented by the Federal Bureau of Investigation (FBI) of sexual extortion (sextortion), including that of minors.
He said the toll of these crimes can lead victims to self-harm and even suicide.
From October 2021 to March 2023, Bierlein said the FBI received more than 13,000 reports of online financial sextortion of minors, which led to at least 20 suicides.
“The proliferation of deep fakes (is) posing a significant and growing threat,” he said. “We must act decisively to protect our constituents from the malicious use of this technology. By passing these bills, we send a clear message that nonconsensual creation and dissemination of intimate, deep fake images will not be tolerated in our society.”
Despite several failed amendments from Republican Reps. Steve Carra (R-Three Rivers) and Neil Friske (R-Charlevoix), the bills passed without further changes.
On the floor, Carra said, while he’s supportive of the bill’s intent, he cannot support language in the legislation specifying that verbal consent for creation would not be an appropriate defense.
“I don’t think (it’s) appropriate to take away this defense opportunity for somebody who (is accused),” Carra said.
He added that the potential damages up to $100,000 was also a cause for concern.
“I encourage further scrutiny on this through the process, and at this time, I’m unable to support this legislation as it’s written, but I’m very supportive of the concept and understand that there is a victim,” he said.
The two-bill package was spearheaded by Tsernoglou back in March, after she learned of AI-generated explicit images of celebrity Taylor Swift being disseminated in January.
Amid a slurry of song references and Taylor Swift puns during House Criminal Justice Committee testimony, the bipartisan bill package took form. In committee, the bill was expanded from simply disseminating pornography to also creating it.
Wednesday, Tsernoglou’s HB 5569 , which establishes the Protection from Intimate Deep Fakes Act, and Bierlein’s HB 5570 , which makes complementary changes to sentencing guidelines, both passed, 108-2. Carra and Friske were the only no votes.
