Disseminating deepfakes could be punishable by law - KELOLAND.com
PIERRE, S.D. (KELO) — Deepfakes are a form of artificial intelligence that manipulate content to create images that are difficult to determine as authentic. While some deepfakes are used for political manipulation on social media, one South Dakota lawmaker says that they can also be used in revenge porn.
Senator Jessica Castleberry (R-Rapid City) introduced Senate Bill 120 to the Senate Judiciary Committee on Thursday to amend statute 22-21-4. The statue already includes the prohibition of graphic photography without the consent of the other person, but Castleberry wants to take it one step further to include altered or manipulated images.
Castleberry’s bill would establish the use of deepfakes as revenge porn as a class 1 misdemeanor.
As technology advances, lobbyist Diana Miller with the South Dakota Network Against Family Violence and Sexual Assault, says that the legislature needs to be looking ahead in order to plan.
The bill faced opposition from a journalist and a lawyer who expressed concerns over the language of the amendment stating that an image may cause embarrassment or invade the privacy of the victim. Steve Willard with the South Dakota Broadcasters Association said that while nobody in his profession would intentionally manipulate an image, there was still concern that a person may feel embarrassed or that their privacy was violated.
“The solution is incredibly broad,” Willard told the committee.
Terra Larson with the SD Association of Criminal Defense Lawyers echoed Willard’s concerns. She provided an example of deepfakes created in jest among friends or coworkers. Jib Jab, an ecard site that places images over pre-made gifs, is something that many people use Larson said. A person may feel embarrassment at the dissemination of one of those creations, but Larson questioned whether that would be included in the statute. She opposed the bill on the basis that the language was too broad.
In rebuttal, Castleberry clarified that her statue would refer to images that are fake but could be mistaken as real. Senator Timothy Johns (R-Lead) suggested an amendment to SB 120 to remove the phrase “disseminate” and add the phrase “knowingly and intentionally disseminate” into the statute.
SB 120A as amended passed the committee in a unanimous vote Thursday morning.
“This type of sexual abuse will not be tolerated in South Dakota,” Castleberry told the committee.
Police briefing Feb 17.
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