California Governor Signs Bills to Protect Children from AI Deepfake Nudes
California Governor Gavin Newsom has recently signed two bills into law in an effort to safeguard minors from the growing misuse of artificial intelligence tools to create harmful sexual imagery involving children. These measures are part of California’s proactive approach to regulating an industry that significantly impacts Americans’ daily lives but has lacked oversight in the United States.
Earlier this month, Governor Newsom also approved stringent laws to combat election deepfakes, although these laws are currently facing legal challenges. California is widely recognised as a potential trailblazer in AI industry regulation within the US.
The newly enacted laws, which received substantial bipartisan support, aim to close a legal gap concerning AI-generated imagery of child sexual abuse and explicitly state that child pornography is illegal, even if it is AI-generated. Previously, district attorneys were unable to prosecute individuals in possession or distribution of AI-generated child sexual abuse images without concrete proof that the materials depicted real individuals. With the new laws, such actions will now be classified as felonies.
Democratic Assemblymember Marc Berman, the author of one of the bills, emphasised the importance of making child sexual abuse material illegal, whether the images are AI-generated or depict real children. He highlighted that AI used to create such distressing images is trained using images of actual children being abused, further victimising them.
In addition to these measures, Governor Newsom signed two other bills earlier to reinforce laws on revenge porn, aiming to protect women, teenage girls, and others from sexual exploitation and harassment facilitated by AI tools. Under the new laws, it is illegal for adults to produce or distribute AI-generated sexually explicit deepfakes without consent. Social media platforms are now mandated to provide mechanisms for users to report such content for removal.
Despite these advancements, some critics, including Los Angeles County District Attorney George Gascón, believe that the penalties for sharing AI-generated revenge porn should extend to individuals under 18 as well. Gascón expressed that there should be repercussions regardless of the offender’s age.
The proliferation of deepfakes, particularly involving children, poses a significant challenge as technology becomes more accessible and easier to manipulate. Experts have warned about the surge in AI-generated child sexual abuse material using depictions of real victims or virtual characters. Instances like the expulsion of students in Beverly Hills for creating and sharing fake nudes highlight the urgent need for bipartisan action across multiple states to address this issue.
Governor Newsom envisions California as a pioneer in both adopting and regulating AI technology. The state aims to utilise generative AI tools for managing highway congestion and providing tax guidance while contemplating new regulations to prevent AI discrimination in hiring practices.
These legislative developments underline California’s commitment to protecting minors from the harmful consequences of AI deepfake nudes and its broader efforts to regulate the burgeoning AI industry.