Cracking Down on Deep Fakes: Senators Introduce NO FAKES Act Targeting Drake and Tom Hanks Impersonations

Late last month, Tom Hanks warned fans that a video in which he appeared to shill for dental care was in fact an AI-generated fake. And back in April, a song featuring artificially intelligent mimicry of Drake and the Weeknd went viral. Both cases illustrate the growing threat that machine-generated voice and video clones pose to brand-conscious entertainers. Now, they’re also being cited by a bipartisan group of senators pitching a draft policy that would seek to rein in so-called deep fakes.

The NO FAKES Act: A Legal Safeguard Against Unauthorized AI Cloning

The draft legislation — called the Nurture Originals, Foster Art, and Keep Entertainment Safe Act, or NO FAKES — would give both celebrities and ordinary people a legal recourse for the unauthorized AI replication of their likeness, per a discussion draft of the act. People who’ve had their voice or image replicated without their consent by artificial intelligence software could, under the act, sue for damages against both the creator of the AI clone as well as any platforms that knowingly hosted, published, or distributed it, according to the discussion draft.

This legislation is a significant step towards protecting individuals from the misuse of their digital likenesses, a concern amplified by the growing prevalence of deep fakes in the entertainment industry.

Balancing Innovation and Individual Rights

The draft also includes a number of 1st Amendment-related exceptions, including the use of digital clones for news, sports broadcasts, and documentaries, as well as in cases of “comment, criticism, scholarship, satire, or parody.”

“Generative artificial intelligence has opened doors to exciting new artistic possibilities, but it also presents unique challenges that make it easier than ever to use someone’s voice, image, or likeness without their consent,” said Sen. Chris Coons (D-Del.), one of the co-sponsors of the draft, in a written statement. “Creators around the nation are calling on Congress to lay out clear policies regulating the use and impact of generative AI, and Congress must strike the right balance to defend individual rights, abide by the First Amendment, and foster AI innovation and creativity.”

Coons is joined in his sponsorship by Sens. Marsha Blackburn (R-Tenn.), Thom Tillis (R-N.C.), and Amy Klobuchar (D-Minn.).

Seeking Public Input and Future Prospects

The discussion draft is meant to lay out general principles of what the lawmakers think legislation on the issue ought to look like, while also serving as a call for feedback. The legislators aim to introduce a bill based on the draft language in the coming months.

Although household names such as Hanks, Drake, and the Weeknd are emphasized in the senators’ proposal, the legal recourse in question would extend to non-celebrities too.

With the NO FAKES Act, senators are working to strike a balance between protecting individual rights and fostering innovation, all while addressing the growing concern surrounding deep fakes. The proposed legislation reflects the need for clear policies to regulate generative AI and its potential impact.

For more updates on the Senators’ initiative to combat deep fakes, stay tuned.

Balancing Artistic Freedom and Privacy Protection with the NO FAKES Act

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What is the NO FAKES Act?

The NO FAKES Act, short for the "Nurture Originals, Foster Art, and Keep Entertainment Safe Act," is a bipartisan bill led by Senators Chris Coons (D-DE), Amy Klobuchar (D-MN), Thom Tillis (R-NC), and Marsha Blackburn (R-TN). This legislation is designed to introduce federal safeguards aimed at preventing the unauthorized use of voice and likeness in sound recordings and audiovisual works. What exactly is the NO FAKES Act, and how does it impact the protection of intellectual property in the entertainment industry? Find out more below.

How does the NO FAKES Act protect against deep fakes?

Should it become law, the NO FAKES Act, officially known as the "Nurture Originals, Foster Art, and Keep Entertainment Safe Act," would establish accountability for creators of AI deepfakes. In the event of unauthorized use of an individual’s likeness, this legislation would make these creators liable to civil claims, giving the original artists a legal path to seek redress. How does the NO FAKES Act provide protection against deep fakes, and what impact might it have on safeguarding personal likeness and intellectual property? The details are explained below.