The issue of minors creating AI-generated explicit images of other children is becoming increasingly common across the US. However, there is currently no federal law addressing nonconsensual deepfake nudes, leaving states to handle the impact of generative AI on matters of child sexual abuse material, nonconsensual deepfakes, or revenge porn independently. Legislation known as the DEFIANCE Act of 2024, which addresses this issue, has been introduced in both the Senate and House and appears to have bipartisan support.
Key takeaways:
- Two Florida middle schoolers were arrested and charged with third-degree felonies for allegedly creating and disseminating deepfake nudes of their classmates using an AI application.
- This incident may be the first US instance of criminal charges related to AI-generated nude images and the charges were made under a 2022 Florida law that criminalizes the dissemination of deepfake sexually explicit images without consent.
- There is currently no federal law addressing nonconsensual deepfake nudes, leaving states to tackle the issue individually; however, the DEFIANCE Act of 2024, a legislation addressing deepfake porn, has been introduced in both the Senate and House.
- While nearly all states have laws addressing revenge porn, only a few have laws that address AI-generated sexually explicit imagery, leading victims in states with no legal protections to resort to litigation.