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New York Governor Signs Deepfake Likeness Bill into Law

Gov. Kathy Hochul has signed into law a bill proposed by state Sen. Michelle Hinchey that makes it illegal to disseminate AI-generated explicit images or "deepfakes" of a person without their consent.

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(TNS) — Gov. Kathy Hochul has signed into law a bill proposed by Sen. Michelle Hinchey that makes it illegal to disseminate AI-generated explicit images or "deepfakes" of a person without their consent.

Hinchey, D-Saugerties, who represents the 41st Senate District, announced the signing on Monday.

Deepfake porn involves creating fake sexually explicit media using someone's likeness. Those found guilty could face a year in jail and a $1,000 fine, and victims have the right to pursue legal action against perpetrators, Hinchey's office said.

"New York has made significant strides to combat revenge porn and the non-consensual sharing of intimate media online, but there are bad actors who are getting around these laws by exploiting AI tools to generate fake intimate images of people they don't even know," Hinchey said in a statement. "This is an entirely new realm of digital violation that demands vigilant attention and new legislative protections."

"That's why we've taken decisive action not only to outlaw this malicious practice but also to broaden the ban to anyone who circulates fake intimate images without a person's consent," Hinchey added. "My bill sends a strong message that New York won't tolerate this form of abuse, and victims will rightfully get their day in court."

In 2019, New York joined 41 other states in making "revenge porn" illegal, which involves sharing explicit content without consent, often by ex-partners, to harm victims, Hinchey's office said.

However, state law has lagged behind in addressing the rise of online deepfake porn, "where real people are portrayed in fake situations by perpetrators unknown to them," the office said.

According to an MIT Technology Review report, the majority of deepfakes target women, the office said.

Sensity AI, a company tracking online deepfake videos since December 2018, reports that between 90% and 95% of these videos are non-consensual porn involving women, Hinchey's office said.

A report published by Sensity AI in 2021 estimated that there were more than 85,000 harmful deepfake videos detected up to December 2020, with the number doubling every six months since observations began in December 2018.

In July, Hinchey had urged Hochul to sign her legislation.

© 2023 Daily Freeman, Kingston, N.Y. Distributed by Tribune Content Agency, LLC.