TALLAHASSEE, Fla. – One of the latest Florida bills making its way through the Legislature aims to ban explicit A.I.-generated images of real people.
The bill (HB 757) was filed last month by State Rep. Mike Redondo (R-Miami), and it would criminalize these sorts of actions.
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Under this bill, a person who purposefully generates an “altered sexual depiction” of a real person without his/her consent could face a third-degree felony charge — punishable by up to five years in prison and a maximum fine of $5,000.
According to Legislative analysts, an “altered sexual depiction” refers to digitally produced images that show a “realistic version of an identifiable person.” Such images might show the person:
- Having the nude body parts of someone else
- With computer-generated nude body parts
- Engaging in sexual conduct that the person never actually committed
Beyond the criminal penalties, the bill would allow someone depicted this way to sue for relief, including injunctions, monetary damages, and attorney costs.
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While the proposal may sound odd to some, it would address a growing trend of “deepfakes” — images and videos created using A.I. technology that appear to show real, well-known figures in society.
According to WBUR, the practice has become commonplace in pornography, with research showing that over 90% of deepfakes being pornographic.
“Using someone’s image without their consent to create porn can have damaging effects, emotionally and physically,” the outlet states. “But no federal law criminalizes the creation or sharing of non-consensual deepfake porn in the United States.”
An example of the practice cropped up just last year when sexually explicit and fake images of musician Taylor Swift cropped up on social media.
Furthermore, HB 757 would make some changes to state statutes surrounding child pornography, aiming to crack down on those who use A.I. technology to generate these sorts of images.
More specifically, the bill would specify that when determining whether a certain image qualifies as child pornography, “actual or simulated lewd exhibition of the genitals” of the minor can be taken into account, as well the overall content of the image, including whether:
- The focal point of the image is on the minor’s genitals
- The setting of the image is sexually suggestive or in a place or pose generally associated with sexual conduct
- The minor is depicted in an unnatural pose, or in inappropriate attire, considering the age of the minor
- The image suggests sexual coyness or a willingness to engage in sexual conduct
- The image is intended or designed to elicit a sexual response in the viewer
“Unfortunately, this is one of these bills where the technology and some of the heinous behavior of folks, criminals in our state has required us to adapt,” said the bill’s co-sponsor, state Rep. Mike Redondo (R-Miami).
During a House committee meeting last week, Redondo said the changes would help law enforcement and prosecutors to take down those who use A.I. technology to create simulated child pornography.
In Florida, computer-generated child pornography is already banned, though the creation of deepfake pornography is not. And while First Amendment protections mean that pornography can only be restricted if it’s considered “obscene,” Legislative analysts say that those restrictions wouldn’t apply here.
“Nonconsensual altered sexual depictions are indistinguishable from consensual pornography as the person being depicted has not given his or her consent and did not actually engage in the sexual behavior he or she is depicted as doing,” the analysis explains. “Such depictions may exploit the depicted person for other’s gratification and may cause emotional and reputational harm stemming from subsequent uses of the depiction and society’s response to the person depicted.”
Ultimately, the bill was approved by a unanimous committee vote, though it will need to pass through yet another committee before it reaches a full House vote.
If approved and signed into law, though, the bill will take effect on Oct. 1.
