Lawmakers trying again to outlaw deepfake pornography

 

MILWAUKEE (CBS 58) -- A group of Republican lawmakers rolled out a bill this week that would make it a felony to create pornographic images using artificial intelligence.

State Sen. Andre Jacque (R-DePere) is the lead author on a bill introduced Tuesday expanding the state's revenge porn law to also cover deepfake images depicted real people as naked or engaged in sexual acts.

Jacque said in an interview Friday as technology continues to improve, it becomes more imperative to criminalize the act.

"You can't tell the difference [as AI improves]," Jacque said. "And it is something where it's critical we set a bright line that it's not permissible to be creating intimate images for individuals without their consent."

Over the past two years, Wisconsin has enacted multiple laws regulating the use of A.I. Campaigns using artificial intelligence in ads must disclose that face. It's a felony to possess virtual child pornography. However, it's currently legal to create deepfake pornographic images of adults.

Jacque pointed to high-profile cases of celebrities being subject to deepfake pornographic images as another reason to address the issue before more people feel emboldened to start making such images of people in their lives.

"I know Taylor Swift, in particular," he said. "There's been a lot of reference to how she's been victimized in that way."

Jacque said he'd also heard from law enforcement officials there have been instances of scammers using someone's pictures to create pornographic deepfakes, then use those images to blackmail the victim.

"It is something that, again, is not only embarrassing for individuals," he said. "Even though they're not actual images."

Currently, more than 20 other states have banned deep fake pornography. That includes the border states of Illinois, Iowa and Minnesota.

The bill was first introduced in 2022, but it went nowhere. Last year, it passed in the Senate but did not get a vote in the Assembly. 

Jacque said he was hopeful his lead co-sponsor in the Assembly, freshman State Rep. Brent Jacobson (R-Mosinee), would help get the bill across the finish line in that chamber during this session.

"There is this expectation of privacy," Jacque said. "And that it's not gonna be used to victimize people through new technology."