A new Senate bill proposed to punish deep fakers generated by AI

Unauthorized artificial intelligence-powered recreations of human voices and images would be banned under a bill proposed by a bipartisan group of United States senators.

At a press conference on October 11, Democratic Senators Chris Coons and Amy Klobuchar, along with Republican Senators Marsha Blackburn and Tom Tillis, released a discussion draft of the Protect Nurture Originals, Adopted Art and Entertainment (No Fakes) Act.

Companies or individuals who create an unauthorized AI copy of a person – living or dead – are liable under the law for damages to platforms that knowingly host unauthorized AI copies. It starts at $5,000 per violation.

The bill would allow the use of unauthorized recordings of AI, protected by the First Amendment, for news purposes as part of documentaries or for “opinion, criticism, scholarship, satire or discourse.”

“Innovators across the country are calling on Congress to enact clear policies governing the use and impact of generative AI,” Senator Coons said in a statement. Congress must strike the right balance between protecting individual rights, respecting the First Amendment, and fostering AI innovation and creativity.

Senator Blackburn added that the legislation is “a great first step in protecting American songwriters, performers and creatives who are entitled to NIL.”

The bill comes from the number of songs created with the help of AI tools that simulate hundreds of artists on streaming platforms like YouTube and SoundCloud.

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By anonymous TikTok user ghostwriter977, the track “Heart on my handle” by artists Drake and The Weeknd used AI voices to get millions of views before it was pulled from the stage earlier this year.

AI-generated images have become a point of contention in Hollywood actors' strikes and negotiations, with the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) supporting the idea.

This is the future: AI protections for voice and sync, an invaluable tool for executives.

Thanks to Senator @ChrisCoons, Senator @MarshaBlackburn, @SenAmyKlobuchar and @SenThomTillis for driving the No Lies Act. https://t.co/g9fiKCbHHD

— SAG-AFTRA (@sagaftra) October 12, 2023

On October 11, SAG-AFTRA's negotiations with the Motion Picture and Television Producers (AMPTP) broke down, as the latter refused to “prevent executives from being replaced by AI”, among other reasons.

In a statement the same day, AMPTP said, “It is clear that the gap between AMPTP and SAG-AFTRA is very large, and discussions are not moving us in a productive direction right now.”

On September 27, the Writers' Guild (WGA) ended its strike after nearly five months after the union reached an agreement with the AMPTP on the use of AI in writing departments along with higher wages and fairer contracts.

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