Nashville, Tennessee – Faked sexually explicit images of global megastar and singer Taylor Swift have caused a stir online, highlighting the alarming speed at which artificial intelligence (AI)-generated explicit content can spread. This incident has shed light on the lack of clear legal protections for victims in a world where AI has rapidly emerged as a powerful tool for creating images without the consent of those depicted.
According to a USA Today investigation, only 10 states have passed laws specifically addressing deepfake pornography, which refers to AI-generated images, audio files, or videos with sexual content. The absence of federal legislation further complicates the question of whether the distribution of such depictions is actually illegal, leaving victims like Taylor Swift with limited guidance and options.
While criminal charges are a possibility in cases involving faked explicit images, legal experts suggest that victims are more likely to pursue justice by suing the companies involved in the creation or distribution of the content. Carrie Goldberg, a victims’ rights attorney with experience in dealing with nonconsensual pornography and deepfake cases, highlights that lawsuits are often a more practical solution for wealthy celebrities like Swift, compared to individuals with less influence.
Given that deepfake technology only became widely available in 2017, legal remedies are still being developed, and the question of what constitutes illegality remains largely unresolved. However, some states have taken steps to address this issue. For example, California passed a law in 2020 that allows victims of deepfake pornography to sue the creators and distributors of such material for up to $150,000 if the content was produced with malicious intent. Other states like Florida, Georgia, Hawaii, Illinois, Minnesota, New York, Texas, South Dakota, and Virginia have also enacted legislation to combat deepfake pornography.
The trauma inflicted by deepfake pornographic content poses complex challenges for victims seeking justice. Law enforcement agencies often face difficulties in investigating such cases due to the large number of perpetrators involved and the complexity of tracking them down. As a result, victims’ rights attorney Carrie Goldberg emphasizes the importance of focusing legal action on the AI product itself, targeting the companies or platforms that enable the creation and dissemination of deepfake porn, including app stores and social media platforms.
In Taylor Swift’s case, her legal options may vary depending on the states where she spends significant time. While Tennessee, her primary residence, lacks explicit legislation addressing deepfake porn, Governor Bill Lee has recently proposed the Ensuring Likeness Voice and Image Security Act. This act aims to update existing laws to protect the voices and images of professionals in the music industry, including safeguards against the misuse of AI and deepfake pornography. Additionally, Swift could potentially take legal action in New York, which has criminal and civil avenues for victims and allows for cases of misappropriation of likeness.
Goldberg also highlights the significance of Swift’s influence and resources in pursuing justice, citing a previous case where a celebrity successfully removed deepfake pornographic images from foreign websites. However, she acknowledges that the recourse available to celebrities like Swift is not accessible to the majority of individuals.
As deepfake technology becomes more mainstream, experts anticipate the emergence of additional laws at both the state and federal levels. However, the development of effective legislation will require the cooperation of lawmakers and a collective effort to raise awareness and combat the sharing and dissemination of such content.
In conclusion, the proliferation of faked explicit images of Taylor Swift underscores the urgent need for comprehensive legislation to address the issues surrounding deepfake pornography. As victims navigate their legal options, the evolving nature of AI technology calls for a proactive approach in crafting laws that protect individuals from harmful and nonconsensual portrayals.