The bill applies to all human beings, living or dead, and defines digital depiction and digital voice replica in broad terms that could include reenactments, parodies, and depictions of historical figures. It also holds potentially liable anyone who distributes, transmits, or otherwise makes available to the public a digital voice replica or digital depiction without consent. Critics argue that this could ensnare social media platforms, video platforms, and web hosting services, and could lead to more takedowns of content that might be considered a violation. The bill does provide First Amendment protections as a defense, but critics argue that this is not reassuring as the bill also seeks to expand the categories of speech unprotected by the First Amendment.
Key takeaways:
- The No Artificial Intelligence Fake Replicas And Unauthorized Duplications (No AI FRAUD) Act aims to protect people from unauthorized use of their own images and voices by defining these things as the intellectual property of each individual.
- The bill's reach is expansive, targeting a wide range of 'digital depictions' or 'digital voice replicas', potentially impacting parody videos, comedic impressions, political cartoons, and much more.
- While the bill does acknowledge First Amendment rights, it also expands the types of speech deemed legally acceptable to restrict, potentially resulting in more legal hassles for creators and platforms interested in exercising their First Amendment rights.
- The bill's broad definitions could potentially ensnare social media platforms, video platforms, newsletter services, web hosting services, and any entity that enables the sharing of art, entertainment, and commentary, potentially chilling speech that is protected.