FILE – The OpenAI logo is seen on a mobile phone in front of a computer screen which displays output from ChatGPT, March 21, 2023, in Boston. (AP Photo/Michael Dwyer, File) Many Americans reasonably assume that they are protected from having their identities stolen in the form of synthetic depictions of themselves saying things they would never say and doing things they would never do.
Shockingly, our nation’s laws do not ensure that we all have the right to say “yes” or “no” to whether someone else uses our visual likeness or voice to create realistic AI imposters. When images and voices are stolen, a person’s words are no longer their own, and a sacred trust between people is broken.
Anyone can make an audio or visual replica that is so realistic it could trick their closest friends and family members. Many are resigned to the notion that there is nothing to be done. They are wrong. Action can and should be taken immediately.
The entertainment industry has received the loudest reporting on this harmful behavior because the public becomes fascinated when famous people are depicted doing strange and often perverse things. This dynamic has thrust our industry to the forefront of the issue, but every day we learn that this abuse affects everyone. Schools have become a breeding ground for deepfakes, where AI-fueled cyberbullying has led to catastrophic consequences.
One defining characteristic of this threat hinges on deception. Speech that is falsely and realistically attributed to an unwitting person is, in fact, an abuse of that person’s freedom of speech. The public is essentially being lied to by the deepfake’s creator, who is fooling the world into thinking it is the actual person speaking.
Our union has taken a leadership role in shaping responsible artificial intelligence policies. Our efforts and collaborations have brought together a wide range of stakeholders, including some tech companies, who understand that their viability in the marketplace is improved when they take measures to curb dangerous uses of their technology.
That has resulted in the bipartisan federal bill now before Congress, which is called the NO FAKES Act. It would protect everyone from misuse of their image and hold violators accountable.
To keep the bill clean, the language around digital replicas is narrowly defined as “computer-generated and highly realistic creations” that are readily identifiable as a specific individual. It is also written explicitly to ensure exemptions for news, public affairs, commentary, criticism, scholarship, satire, parody, biographical and limited documentary or historical uses. NO FAKES makes sure people are not subject to fraudulent uses, commercial uses or performance replacement of their voices and images.
Social media platforms, content creators and artist representatives alike have contributed to the creation of a practical system for takedowns that balance the need for quick remedies with protecting the freedom of expression we all rely on.
Further, the NO FAKES Act includes guardrails, requiring written consent for use of an individual’s likeness or voice, and the consent must include a specific description of the intended use of the replica and a limited term.
The marketplace for licensing voice and likeness has existed for decades, and the legal and business practices governing such licensing have worked well in the past, but the introduction of generative AI technology demands this policy refinement.
Importantly, this bill has support from both labor and industry. Among those backers are the AFL-CIO, Google/YouTube, IBM, Human Artistry Campaign, Motion Picture Association, Open AI and the Recording Industry Association of America.
Responsible AI development requires legal clarity with a predictable consent-based policy that protects individuals while offering companies an easy pathway to compliance.
The NO FAKES Act has been introduced in Congress, and it’s time for everyone to call their representatives and urge them to pass this important piece of legislation.
Sean Astin is president of SAG-AFTRA, the world’s most influential union of actors and media artists, representing over 160,000 members worldwide who work in film, television, broadcast news, commercials, music, radio, video games and more. Duncan Crabtree-Ireland is the national executive director and chief negotiator of SAG-AFTRA.
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