California AB 602 (2019): Legal Protections Against Nonconsensual Deepfake Pornography

1. Overview

California Assembly District Bill 602 (AB 602), signed into law on October 3, 2019, introduced a right of action in favor of people whose nonconsensual sexually explicit material appears in such content, including deepfake pornography. The intended task of the law should be to eliminate the increasing popularity of the unauthorized creation and sharing of explicit, digitally altered content.

2. Scope of the Law

AB 602 is specifically directed at sexually explicit material that has been created or altered by any means without the express authorization of the subject. This also incorporates material that shows an image/likeness of a person whose image has been electronically manipulated to exhibit them in explicit settings in which they did not participate. The effect on the law stands not only on the production part but also on the dissemination part of the same content.

3. Key Provisions

• Private Right of Action: When a person in a nonconsensual sexually explicit material is in the picture, he or she is entitled to sue the author or distributor of this type of content.
• Consent Requirements: This can only be done through written consent specifying what is being used as well as how it is supposed to be used.
• Revocation of Consent: A contract must be revocable, especially within the first three business days, or some specific requirements must be fulfilled.
• Exclusions: The statute does not cover the material that is revealed during court procedures, whistleblowing on unlawful activity, and material of substantial legitimate public interest. 

4. Penalties & Enforcement

• Damages: The victims can receive general and special damages, statutory damages of between 1,500 and 30,000 dollars (or up to 150,000 dollars, in case the act has been committed with malice), and punitive damages.
• Attorney Fees: The costs and reasonable attorney fees will be granted to the successful plaintiffs.
• Statute of Limitations: The claims have to be brought within three years of the day the material has been identified or ought to have been identified.

5. Notable Cases or Precedents

To date, no publicly disclosed cases have been reported under AB 602. Nevertheless, the law has been cited in jurisprudence regarding the spread of nonconsensual deepfake pornography.

6. Comparison to Global Standards

Some of the more comprehensive efforts in California address the various ways in which the technology of deepfakes was brought up, such as the AB 602. It also aids in the enactment of other legislation, such as AB 730, a bill that prohibits spreading audio files or video files of a candidate that are materially misleading within 60 days of elections. With these laws, California has a strategic place to regulate the utilization of deepfakes in both political and personal fields.

7. Practical Implications

• For Victims: The people whose images are exploited on nonconsensual deepfake pornography have a right to pursue litigation by means of AB 602.
• For Content Creators and Distributors: Content Creators and Distributors should make sure they have gained the necessary consent to prevent being held responsible.
• For Legal Professionals: AB 602 can be used to notify current legal processes regarding cases of nonconsensual pornographic deepfakes, and a basis for legal action and compensation.

8. Future Outlook

The attempts by California to prevent the misuse of deepfake technology have gone a long way by the act of AB 602 being passed. More legislation can be enacted as technology evolves to deal with emerging matters of consent and digital manipulation.