Stop Deepfake CSAM Act

Policy Status

  • Type: Model Policy
  • Status: Final
  • Date Introduced: November 30, 2023
  • Date Finalized: December 22, 2023

Issues

  • Communications and Technology

    • Task Forces

  • Communications and Technology

    • Related Articles

    Tags

  • Artificial Intelligence
  • SNPS 2023

    • Summary

    This Act affirms and provides certainty that CSAM, even when the visual media has been altered or manipulated, is still punishable under the appropriate state laws already in effect. The Act directs that this violation is punishable under state law without regard to any federal law.
    Draft

    Stop Deepfake CSAM Act

    Section 1. {Title} This Act may be cited as the Stop Deepfake CSAM Act.

    Section 2. {Definitions}

    1. “Deepfake” means any visual media created, altered, or otherwise manipulated in a manner that would falsely appear to a reasonable observer to be an authentic record of the individual’s actual speech, conduct, or likeness.
    2. “Distribute” means to publish or disseminate, including but not limited to: advertising, exhibiting, exchanging, promoting, or selling deepfake material.
    3. “Minor” means any natural person under eighteen years of age.
    4. “Natural person” means a human being with legal personality as distinguished from a person created by digital means or by operation of law.
    5. “Possess” means [as defined elsewhere in state law].
    6. “Recognizable physical characteristics” means an actual minor’s face or likeness.
    7. “Sexual conduct” means unlawful nudity [as defined under state law] or any sexual activity, whether actual or simulated.

    Section 3. {Prohibitions}

    Unlawful deepfakes.

    The criminal code of {state} shall be amended in the appropriate place as follows:

    (A) Any person who, with knowledge that the material is a deepfake depicting a minor, knowingly possesses or distributes material that depicts a minor engaging in sexual conduct shall be punished by [insert state’s sentencing guidelines].

    (B) Any person who, with knowledge that the material is a deepfake depicting a minor, knowingly distributes, advertises, exhibits, exchanges with, promotes, or sells any material that depicts a minor engaging in sexual conduct shall be punished by [insert state’s sentencing guidelines].

    (C) Nothing in this Act shall be construed to impose liability on an interactive computer service, as defined in 47 U.S.C. § 230(f), for information provided by another information content provider.

    (D) The provisions of this Act shall not preclude prosecution under any other statute.

    Section 4. {Severability Clause}

    If any provision of this Act or the application thereof to any person or circumstance is held unconstitutional or otherwise invalid, the remaining provisions of this Act and the application of such provisions to other persons or circumstances shall not be affected thereby.

    Section 5. {Effective date}