As SAG-AFTRA and other artists’ groups sound the alarm over the proliferation of AI deepfakes, studios are warning that too sweeping a proposed solution would violate the First Amendment.
The alternate views of a draft bill, called the No Fakes Act, were apparent in a Senate hearing on Tuesday, underscoring the thorny task at hand for lawmakers as they try to establish guardrails around AI technology.
The Motion Picture Association’s senior VP Ben Sheffner cautioned that “legislating in this area involves doing something that the First Amendment sharply limits: Regulating the content of speech.” “It will take very careful drafting to accomplish the bill’s goals without inadvertently chilling or even prohibiting legitimate, Constitutionally protected uses of technology to enhance storytelling,” he said.
The draft Senate bill would give individuals a “digital replication right” to authorize the use of their image, voice or visual likeness.
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