The Arizona House of Representatives advanced two bipartisan-supported bills that aim to regulate deepfake technology by establishing felonies for the creation of fake images, videos or audio recordings of others with intent to exploit or defraud the victims or their loved ones.
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The text of the bill seems reasonable and prudent. It amends A.R.S 13-2006 with:
- USING A COMPUTER GENERATED VOICE RECORDING, IMAGE OR VIDEO OF ANOTHER PERSON WITH INTENT TO DEFRAUD OTHER PERSONS OR WITH INTENT TO HARASS OTHER PERSONS. FOR THE PURPOSES OF THIS SUBSECTION, “HARASS” HAS THE SAME MEANING PRESCRIBED IN SECTION 13-2921. B. Criminal impersonation UNDER SUBSECTION A, PARAGRAPH 4 OF THIS SECTION IS A CLASS 5 FELONY. CRIMINAL IMPERSONATION UNDER SUBSECTION A, PARAGRAPH 1, 2 OR 3 OF THIS SECTION is a class 6 felony.
as well as adding a new A.R.S 13-3508
13-3508. Unlawful dissemination of deep fake recordings or images depicting intimate parts or sexual acts; classification; definitions A. IT IS UNLAWFUL TO INTENTIONALLY DISSEMINATE A DEEP FAKE RECORDING OR IMAGE IF ALL OF THE FOLLOWING APPLY:
- THE PERSON THAT INTENTIONALLY CREATES AND DISSEMINATES THE DEEP FAKE RECORDING OR IMAGE KNOWS OR REASONABLY SHOULD KNOW THAT THE DEPICTED INDIVIDUAL DOES NOT CONSENT TO THE DISSEMINATION.
- THE DEEP FAKE RECORDING OR IMAGE REALISTICALLY DEPICTS ANY OF THE FOLLOWING: (a) THE INTIMATE PARTS OF ANOTHER INDIVIDUAL THAT ARE PRESENTED AS THE INTIMATE PARTS OF THE DEPICTED INDIVIDUAL. (b) INTIMATE PARTS THAT ARE GENERATED BY SYNTHETIC MEDIA AND THAT ARE PRESENTED AS THE INTIMATE PARTS OF THE DEPICTED INDIVIDUAL. © THE DEPICTED INDIVIDUAL ENGAGING IN A SEXUAL ACT.
- THE DEPICTED INDIVIDUAL IS IDENTIFIABLE IN ONE OF THE FOLLOWING WAYS: (a) FROM THE DEEP FAKE RECORDING OR IMAGE ITSELF. (b) BY THE DEPICTED INDIVIDUAL. © FROM THE PERSONAL INFORMATION THAT IS DISPLAYED IN CONNECTION WITH THE DEEP FAKE RECORDING OR IMAGE. B. A VIOLATION OF THIS SECTION IS A CLASS 6 FELONY, EXCEPT THAT IT IS A CLASS 4 FELONY IF ANY OF THE FOLLOWING APPLIES:
- THE DEPICTED PERSON SUFFERS ANY FINANCIAL LOSS DUE TO THE DISSEMINATION OF THE DEEP FAKE RECORDING OR IMAGE.
- THE PERSON DISSEMINATES THE DEEP FAKE RECORDING OR IMAGE WITH THE INTENT TO PROFIT FROM THE DISSEMINATION.
- THE PERSON MAINTAINS AN INTERNET WEBSITE, ONLINE SERVICE, ONLINE APPLICATION OR MOBILE APPLICATION TO DISSEMINATE THE DEEP FAKE RECORDING OR IMAGE.
- THE PERSON POSTS THE DEEP FAKE RECORDING OR IMAGE ON AN INTERNET WEBSITE.
- THE PERSON DISSEMINATES THE DEEP FAKE RECORDING OR IMAGE WITH INTENT TO HARASS THE DEPICTED PERSON.
- THE PERSON OBTAINS THE DEEP FAKE RECORDING OR IMAGE BY COMMITTING A THEFT, A CRIMINAL TRESPASS OR COMPUTER TAMPERING OR UNAUTHORIZED COMPUTER ACCESS.
- THE PERSON HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF THIS SECTION. C. AN INTERACTIVE COMPUTER SERVICE IS NOT LIABLE FOR A VIOLATION OF THIS SECTION FOR CONTENT THAT IS CREATED OR DEVELOPED BY ANOTHER PERSON OR S.B. 1336
- 2 - ENTITY, IN WHOLE OR IN PART, AND THAT IS PROVIDED THROUGH THE INTERNET OR ANY OTHER INTERACTIVE COMPUTER SERVICE. D. FOR THE PURPOSES OF THIS SECTION:
- “DEEP FAKE RECORDING OR IMAGE” MEANS ANY VIDEO RECORDING, MOTION PICTURE FILM, SOUND RECORDING, ELECTRONIC IMAGE OR PHOTOGRAPH OR ANY TECHNOLOGICAL REPRESENTATION OF SPEECH OR CONDUCT SUBSTANTIALLY DERIVATIVE THEREOF AND THAT BOTH: (a) APPEARS TO AUTHENTICALLY DEPICT ANY SPEECH OR CONDUCT OF AN INDIVIDUAL WHO DID NOT IN FACT ENGAGE IN THE SPEECH OR CONDUCT. (b) THE PRODUCTION OF WHICH WAS SUBSTANTIALLY DEPENDENT ON TECHNICAL MEANS RATHER THAN THE ABILITY OF ANOTHER INDIVIDUAL TO PHYSICALLY OR VERBALLY IMPERSONATE THE INDIVIDUAL.
- “DEPICTED INDIVIDUAL” MEANS AN INDIVIDUAL IN A DEEP FAKE RECORDING OR IMAGE WHO APPEARS TO BE ENGAGING IN SPEECH OR CONDUCT THAT THE INDIVIDUAL DID NOT ENGAGE IN.
- “DISSEMINATION” MEANS DISTRIBUTION TO ONE OR MORE PERSONS, OTHER THAN THE PERSON DEPICTED IN THE DEEP FAKE RECORDING OR IMAGE OR PUBLICATION BY ANY PUBLICLY AVAILABLE MEDIUM.
- “HARASS” MEANS AN ACT THAT WOULD CAUSE A SUBSTANTIAL ADVERSE EFFECT ON THE SAFETY, SECURITY OR PRIVACY OF A REASONABLE PERSON.
- “INTIMATE PARTS” MEANS THE GENITALS, PUBIC AREA OR ANUS OF AN INDIVIDUAL, OR IF THE INDIVIDUAL IS FEMALE, A PARTIALLY OR FULLY EXPOSED NIPPLE.
- “PERSONAL INFORMATION” MEANS ANY IDENTIFIER THAT PERMITS COMMUNICATION OR IN-PERSON CONTACT WITH A PERSON, INCLUDING ANY OF THE FOLLOWING: (a) A PERSON’S FIRST AND LAST NAMES, FIRST INITIAL AND LAST NAME, FIRST NAME AND LAST INITIAL OR NICKNAME. (b) A PERSON’S HOME, SCHOOL OR WORK ADDRESS. © A PERSON’S TELEPHONE NUMBER, EMAIL ADDRESS OR SOCIAL MEDIA ACCOUNT INFORMATION. (d) A PERSON’S GEOLOCATION DATA.
- “SEXUAL ACT” MEANS EITHER SEXUAL CONTACT OR SEXUAL PENETRATION.
- “SEXUAL CONTACT” MEANS THE INTENTIONAL TOUCHING OF INTIMATE PARTS OR INTENTIONAL TOUCHING WITH SEMINAL FLUID OR SPERM ONTO ANOTHER INDIVIDUAL’S BODY.
- “SEXUAL PENETRATION” MEANS EITHER OF THE FOLLOWING ACTS: (a) SEXUAL INTERCOURSE, CUNNILINGUS, FELLATIO OR ANAL INTERCOURSE. (b) ANY INTRUSION, HOWEVER SLIGHT, INTO THE GENITAL OR ANAL OPENING OF AN INDIVIDUAL BY ANOTHER’S BODY PART OR AN OBJECT USED BY ANOTHER FOR THIS PURPOSE.
- “SOCIAL MEDIA” MEANS ANY ELECTRONIC MEDIUM, INCLUDING AN INTERACTIVE COMPUTER SERVICE, TELEPHONE NETWORK OR DATA NETWORK, THAT ALLOWS USERS TO CREATE, SHARE AND VIEW USER-GENERATED CONTENT.
TL;DR - It’s pretty deeply tied to the intent to distribute or defraud. Given the language that only one person needs the dissemination it could conceivably be interpreted to apply to personally generated images, but that might be a stretch. IMO, it would be most prudently applied to a mechanism to distribute beyond the creator of the deepfake itself. Policing deepfakes that people produce for their own exclusive consumption would be incredibly difficult to enforce.
EDIT - good lord formatting this in a sane way was difficult…
