The “No Artificial Intelligence Fake Replicas and Unauthorized Duplications (AI FRAUD) Act” – introduced this week by Reps. Madeleine Dean, D-Pa., and Maria Salazar, R-Fla. – aims to protect Americans’ identities from misuse via AI.
Current law contains wide gaps when it comes to the use of AI to replicate someone’s likeness and voice – leaving many unprotected from the inappropriate use of deepfake technology, the congresswomen said on Jan. 10.
The “No AI FRAUD Act” – co-sponsored by Reps. Joe Morelle D-N.Y., Rob Wittman R-Va., and Nathaniel Moran, R-Texas – would establish an intellectual property right over one’s voice and likeness.
“It’s time for bad actors using Artificial Intelligence to face the music,” Rep. Salazar said in a statement. “This bill plugs a hole in the law and gives artists and U.S. citizens the power to protect their rights, their creative work, and their fundamental individuality online.”
Specifically, the legislation creates an intellectual property right that every individual holds over their own likeness and voice; allows individuals to seek monetary damages for harmful, unauthorized uses of their likeness or voice; and guards against sexually exploitative deepfakes and child sexual abuse material.
“Not only does our bill protect artists and performers, but it gives all Americans the tools to protect their digital personas,” Rep. Dean said. “By shielding individuals’ images and voices from manipulation, the No AI FRAUD Act prevents artificial intelligence from being used for harassment, bullying, or abuse. I am encouraged to see collaboration across the aisle to get these crucial protections passed.”
The House bill notes several incidents of AI use impersonating musical artists, including the creation of a song dubbed “Heart on My Sleeve.” Emulating the voices of hip-hop stars Drake and The Weeknd, the song racked up more than 11 million views.
The bill has received a wave of support from the music industry. Lucian Grainge, chairman and CEO of Universal Music Group said: “Universal Music Group strongly supports the ‘No AI FRAUD Act’ because no one should be permitted to steal someone else’s image, likeness or voice. While we have an industry-leading track record of enabling AI in the service of artists and creativity, AI that uses their voice or identity without authorization is unacceptable and immoral. We call upon Congress to help put an end to nefarious deepfakes by enacting this federal right of publicity and ensuring that all Americans are protected from such harm.”
The Senate has a similar bill currently in the draft phase. The “Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act” would prevent a person from producing or distributing an unauthorized AI-generated replica of an individual to perform in an audiovisual or sound recording without the consent of the individual being replicated.
Many lawmakers and industry experts have said that a comprehensive Federal privacy law is the most efficient way to stop AI technologies from stealing likenesses and voices.
During an October 2023 House Energy and Commerce Innovation, Data, and Commerce Subcommittee hearing, Clark Gregg, an actor and screenwriter in the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), warned that the United States is behind the curve.
“There are no comprehensive Federal privacy laws so individuals must depend on our inconsistent state laws,” the actor known for his role in the Marvel franchise said. “SAG-AFTRA will fight to protect our members’ voices and likeness from unauthorized use, but all individuals deserve safeguards against unauthorized access to their biometric data.”
“Our sector is under assault today. It may be your sector tomorrow,” Gregg warned.
The same day the “No AI FRAUD Act” was introduced, Tennessee Gov. Bill Lee announced a new state bill – dubbed the “Ensuring Likeness Voice and Image Security (ELVIS) Act” – to further protect the state’s “best in class artists and songwriters” from AI deepfakes.
