Los Angeles, CA – California Governor Gavin Newsom has enacted three new laws targeting the unauthorized use and creation of sexually explicit AI-generated images, as the state takes a pioneering stance against what is seen as a growing digital menace. These measures are designed to offer Californians robust legal recourse against such technology-facilitated violations.
The legislation package includes Senate Bill 926 and Senate Bill 981, both sponsored by Senator Aisha Wahab, aimed at curtailing online predators by broadening the scope of revenge porn laws to include identity theft—a concern that has escalated with the rise of deepfake technology and other AI applications. Wahab stated, “With the digital age upon us, our legal frameworks must evolve to address new forms of exploitation that our previous laws were not equipped to handle, particularly those involving identity theft which until now, mostly covered financial crimes.”
Senate Bill 926 specifically criminalizes the distribution of AI-generated sexually explicit content meant to inflict emotional harm on the individuals depicted. In 2022 alone, the National Center for Missing and Exploited Children received over 36 million reports of suspected child sexual exploitation online, highlighting the urgent need for updated legal protections.
The impact of such content extends beyond emotional distress, affecting reputations and livelihoods. Marc Berkman, CEO of the Organization for Social Media Safety, noted, “Deepfake technology has been maliciously used against women entrepreneurs, those involved in custody disputes, and increasingly against young women in schools, leading to significant psychological and reputational harm.”
Senate Bill 981 mandates social media platforms to establish and maintain a reporting mechanism for users to flag non-consensual sexually explicit images and videos for immediate removal. This law aims to streamline the process for victims seeking to regain control over their digital identities.
Additionally, Senate Bill 942, which was also signed into law, addresses the broader issue of AI-generated content. It stipulates that generative AI systems commonly used must embed provenance disclosures in their outputs. These markers, though invisible to the human eye, can be identified using free tools provided with the AI systems, aiding in the accurate recognition of such content.
Los Angeles County District Attorney George Gascón lauded the new legislation at a recent news conference, emphasizing its timeliness and necessity. “In letters of the law, clarity is paramount. These laws mark a significant step forward by unequivocally categorizing the creation and distribution of non-consensual AI-generated images as criminal acts, thereby offering better protection, particularly to women and girls who are disproportionately affected,” Gascón explained.
The laws, set to take effect next year, are part of California’s proactive stance on modernizing its legal system to confront new and emerging technological challenges. This legislation not only addresses immediate concerns but also sets a precedent for how laws need to adapt in the face of rapidly evolving digital landscapes. As AI technology continues to advance, the legal system’s response will likely serve as a model for other states grappling with similar issues.