AI Fraud Act Could Outlaw Parodies, Political Cartoons, and More

Mixing new technology and new laws is always a fraught business, especially if the tech in question relates to communication. Lawmakers routinely propose bills that would sweep up all sorts of First Amendment-protected speech. We’ve seen a lot of this with social media, and we’re starting to see it with artificial intelligence. Case in point: the No Artificial Intelligence Fake Replicas And Unauthorized Duplications (No AI FRAUD) Act. Under the auspices of protecting “Americans’ individual right to their likeness and voice,” the bill would restrict a range of content wide enough to ensnare parody videos, comedic impressions, political cartoons, and much more.

The bill’s sponsors, Reps. María Elvira Salazar (R-Fla.) and Madeleine Dean (D-Pa.), say they’re concerned about “AI-generated fakes and forgeries,” per a press release. They aim to protect people from unauthorized use of their own images and voices by defining these things as the intellectual property of each individual.

The No AI Fraud Act cites several instances of AI being used to make it appear that celebrities created ads or art that they did not actually create. For instance, “AI technology was used to create the song titled ‘Heart on My Sleeve,’ emulating the voices of recording artists Drake and The Weeknd,” states the bill’s text. AI technology was also used “to create a false endorsement featuring Tom Hanks’ face in an advertisement for a dental plan.”

But while the examples in the bill are directly related to AI, the bill’s actual reach is much more expansive, targeting a wide swath of “digital depictions” or “digital voice replicas.”

Salazar and Dean say the bill balances people’s “right to control the use of their identifying characteristics” with “First Amendment protections to safeguard speech and innovation.” But while the measure does nod to free speech rights, it also expands the types of speech deemed legally acceptable to restrict. It could mean way more legal hassles for creators and platforms interested in exercising their First Amendment rights, and result in a chilling effect on certain sorts of comedy, commentary, and artistic expression.

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