USA’s NO FAKES Act: Deepfake Laws, Key Provisions & Penalties

1. Overview

Senators Chris Coons, Marsha Blackburn, Amy Klobuchar, and Thom Tillis introduced the NO FAKES Act (S.4875) in the U.S. Senate as S.4875 on July 31, 2024. The objective of this bill is to prevent the use of the voices and images of the people in the AI-generated impersonations without their consent. The bill follows the rising fear that generative AI can generate unauthorized digital copies, which will affect not only the general population but also its creators.

2. Scope of the Law

The NO FAKES Act prohibits the unapproved use of a person’s voice or image in generative AI-generated sound recordings or audiovisual productions. It is applied to individuals as well as organizations that make, distribute, or store these pirated digital copies. An exception is made to works that are covered by the First Amendment, like documentaries, biographical works, and documents intended to be commentary, criticism, or parody.

3. Key Provisions

• Liability to Unauthorized Replicas: People or businesses may be civilly liable in connection with the creation, reproduction, and publication or hosting of unauthorized digital replications of the voice or likeness of a person.
• Platform Responsibility: Online platforms that host reproductions without the right holder’s permission must delete them after they have been informed of their existence by the rights holder.
• 1st Amendment Exemptions: Uses including documentaries, biographical work, and material used to comment, criticize, or parody are exempted under the bill.
• Preemption of State Laws: To ensure the same national standard, the bill preempts future state laws regulating digital replicas.

4. Penalties & Enforcement

• Civil Liability: Parties or individuals determined liable under the NO FAKES Act can have civil charges imposed on them, such as a damages penalty.
• Enforcement: The implementing part of the Act would be enforced by the federal government; specifically, individuals were entitled to take civil action against any violation.

5. Notable Cases or Precedents

The NO FAKES Act was proposed after some cases in which AI-generated copies were utilized without consent, such as in the song Heart on My Sleeve, featuring the AI-generated voices of Drake and The Weeknd. This case highlighted the necessity to introduce legislative structures dealing with the illegitimate use of digital replicas.

6. Comparison to Global Standards

The NO FAKES Act complies with the international efforts to regulate the usage of artificial intelligence in the creation of digital duplicates. As an example, the European Union AI Act proposes more restrictive measures on high-risk applications by categorizing AI systems based on their risk level. In the same way, the creation and distribution of deepfakes in bad faith is also unlawful as stipulated by the UK Online Safety Act 2023. The NO FAKES Act is notable due to the explicitness of the voice and likeness protections within the setting of AI.

7. Practical Implications

• For Creators and Public Figures: The NO FAKES Act gives legal actionable options regarding the unauthorized usage of their voice or likeness.
• For AI Developers and Platforms: Developers and sites need to commit that their technologies should not be utilized to reproduce or send unauthorized digital duplicates.
• For Legal Professionals: The Act provides an additional field of litigation in connection with the unauthorized use of digital replicas.

8. Future Outlook

The U.S. Senate is deliberating upon the NO FAKES Act. In case it becomes law, this legislation would establish a national system whereby issues arising due to the existence of digital replicas produced by artificial intelligence could be resolved. It can be widely agreed that such a law is necessary, and many groups affirm it, including those in the entertainment and technology industries.