The Senate Judiciary Committee is set to consider and vote on the Nurture Originals, Foster Art, and Keep Entertainment Safe Act (NO FAKES). Instead of targeting the real privacy harms posed by AI-generated replicas, this law would create another layer of internet censorship on top of the already existing legal and voluntary takedown systems. Congress should reject NO FAKES.
Tell Congress to Say No to NO FAKES
As currently written, NO FAKES proposes to tackle the problems of misleading AI-generated replicas by creating a broad property right in someone’s look, voice, and general style. However, there are all kinds of First Amendment-protected expression that would be swept under the NO FAKES regime—think about parody, news, criticism.
NO FAKES also does a laughable job of protecting artists from use of their image in misleading ways. It doesn’t create a privacy right, but rather a property right that can easily be signed away—as major studios and record labels are almost certain to require in their contracts with artists. As a result, NO FAKES actually creates a new avenue for the exploitation of artists by companies instead of protection from misleading replicas.
The bill also makes it trivially easy for protected speech to be censored. It is a supercharged version of the already flawed copyright takedown regime. It would essentially require platforms to institute filters that don’t just look for exact matches of copyrighted material, as current filters do, but anything that might be a digital replica. Even though the latest version of this bill adds some forms of redress for bad faith takedowns, those provisions lack the teeth required to deter a malicious actor.
NO FAKES targets speech, tools, and innovation instead of focusing on the real concern posed by these replicas: privacy. This bill was a bad idea when it was introduced, and got even worse when it was amended last year. Tell Congress to just say no to NO FAKES.
