Tracking Early State Legislative Efforts To Curb Deepfakes

October 28, 2019Article

On Jan. 1, California will become the next state to restrict the creation and distribution of deepfake videos. Deepfakes are the result of technology that employs artificial intelligence (using deep learning) to generate doctored video content that appears realistic. The technology has been widely used to create sexually explicit depictions of celebrities, as well as altered videos of politicians and other public figures.

The first new California law — A.B. 602 — addresses the proliferation of sexually explicit deepfakes by creating a private right of action against those who distribute them.[1] Existing California law prohibits the nonconsensual distribution of sexually explicit photographs and recordings through both civil and criminal so-called revenge porn statutes.[2]