Louisiana is set to implement a new law on August 1 that will make the production and possession of deepfakes depicting the sexual abuse of children a criminal offense. Signed into law by Governor John Bel Edwards, Louisiana legislative bill SB175 imposes severe penalties for creating, distributing, or possessing unlawful deepfake images involving minors. Offenders could face a mandatory prison sentence of five to 20 years, a fine of up to $10,000, or both.
Louisiana to hand offenders 20 years and a $10,000 fine
Deepfakes, which are AI-generated videos that manipulate and fabricate individuals, places, and events, pose significant challenges for cybersecurity and law enforcement. Advancements in AI have made deepfakes increasingly difficult to detect, emphasizing the need for legal measures to combat their misuse. Louisiana, ranking low in child well-being and high in poverty, joins other U.S. states such as California, Texas, and Virginia in regulating or outlawing deepfakes.
Additionally, SB175 includes provisions targeting online platforms and sites hosting “revenge porn.” It states that anyone knowingly advertising, distributing, or selling sexual deepfakes without consent or involving minors could face a mandatory prison term of 10 to 30 years, a fine of up to $50,000, or both. Notably, Louisiana lawmakers ensured that any sentence issued under this new law would involve “hard labor.”
The urgency to address deepfakes and their potential harm is evident. In May, deepfakes depicting child murder victims circulated on social media, gaining viral attention after being uploaded to TikTok. Among the disturbing content was an AI-generated recreation of Royalty Marie Floyd, whose grandmother faced murder charges in 2018. Highlighting the broader implications, UN Secretary-General António Guterres warned about the use of AI and deepfakes on social media to fuel hate and violence in conflict zones.
Battling deepfake misuse and ensuring accountability
The increasing sophistication of deepfakes raises concerns about the erosion of trust in visual content. Marko Jak, co-founder and CEO of Austin-based Secta Labs, emphasized that society is entering an era where visual authenticity can no longer be taken for granted. While current deepfakes are often recognizable due to their imperfections, the advancement of AI technology poses a future challenge in detecting even more convincing deepfakes.
Law enforcement agencies have been sounding the alarm on criminals exploiting deepfakes for scams and extortion. The U.S. Federal Bureau of Investigation recently reported receiving numerous cases involving victims, including minors, whose photos and videos were maliciously used in explicit content. Acknowledging the potential misuse of AI technology, Meta, the company behind Voicebox, its AI-generated voice platform, decided not to release the technology to the public. Meta stated the importance of striking the right balance between openness and responsibility in the field of AI.
The introduction of Louisiana’s deepfake legislation reflects the growing recognition of the serious threats posed by these manipulated media. By criminalizing the production and possession of deepfakes involving child sexual abuse, the state aims to protect minors from exploitation and deter those seeking to propagate harmful content. While legislative efforts are crucial, continued advancements in AI technology and collaboration between technology companies, law enforcement, and policymakers will be vital to effectively combat deepfake-related crimes.
As technology evolves, society must remain vigilant in adapting legal frameworks and deploying advanced detection mechanisms to stay ahead of malicious actors. The fight against deepfakes demands a multi-faceted approach encompassing legal measures, public awareness, and ongoing innovation in AI-driven detection technologies. By taking proactive steps, Louisiana and other jurisdictions aim to safeguard vulnerable individuals and maintain trust in the digital realm.
