Bipartisan push to remove and ban AI deepfake pornography
Elliston Berry and Francesca Mani, victims of AI deepfake pornography, speak out about how they were victims of fake images circulating online and how this affected them, including at school.
People close to the growing artificial intelligence (AI) sector say the industry is frustrated with the pace at which Congress is handling the issue.
AI experts and those who work with the industry are particularly concerned with Election Day being less than a month away. With sophisticated AI technology becoming more accessible, instances of "deepfakes" and other misinformation are growing prevalent on social media, particularly as it relates to politics.
"Congress has struggled to pass national technology laws," said Craig Albright, senior vice president for U.S. government relations at The Software Alliance.
He noted there was an appetite among lawmakers for more action but added "it's also the case that Congress has really been almost entirely focused on things that are must-do. Like, keep the government open, increase the debt limit, reauthorize a program that helps keep the country safe from terrorists. And the tech policy has been in the ‘nice to do,’ category. … I think that's really been one of the main impediments."
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Congressional leaders have not found a bicameral way forward on AI. (Reuters)
Tatiana Rice, deputy director for U.S. legislation at the Future of Privacy Forum (FPF), said, "In terms of the conversations I’ve had with the kind of companies that we work with, there certainly is a frustration there."
FPF works with figures in big tech, business, academia and civil service to help those sectors better understand and craft policy around AI.
"In the absence of federal actions, we're seeing more states enacting their own laws, and, therefore, you see businesses are concerned about a forthcoming 'patchwork of regulation,’ which makes compliance really difficult," Rice explained.
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"I think especially in an election year and as we get closer to the election, it becomes much more difficult, of course, for Congress to push things through.
"Congress has been trying to advance data privacy regulation for the past two decades. … The U.S. is one of the only G-20 nations that doesn't have a federal privacy law," she said. "So, there is reason to be pessimistic in how the lack of federal action really does have kind of consequences for businesses and consumers alike."
People working in the AI sector are saying the industry is concerned with the effect deepfakes have on people's perceptions of AI.
Leaders in both the House and Senate have emphasized that getting lawmakers up to speed on AI is a priority for the 118th Congress, though they’ve diverged somewhat on what that means.
Speaker Mike Johnson, R-La., has favored a more narrow, targeted approach focused on educating members on AI but has shown little appetite for the kind of large-scale regulatory framework desired by Senate Majority Leader Chuck Schumer, D-N.Y.
Now, with less than three months before the end of this congressional term, it’s unclear whether the two sides can compromise on some kind of action.
Dakota State University President José-Marie Griffiths, who has advised both the White House and the Senate on AI, noted there was progress being made with AI, particularly in the health and national security spheres, but noted that issues persist with misinformation, particularly as it relates to the election.
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"I do think that it's been perhaps a little bit frustrating for the media and for the public that we haven't seen as much quite as quickly," Griffiths said. "There have been a number of efforts to bring things forward.
"In fairness, I have to say, artificial intelligence – it's not a single technology. It is actually very complex and has many different parts to the technology, and then enabling technologies as well. It's moving very, very quickly. … It really cuts across every part of society."
Microsoft Bing Chat and ChatGPT applications are examples of how ubiquitous AI has gotten. (Jaap Arriens/NurPhoto via Getty Images)
All three experts who spoke with Fox News Digital brought the struggle back to Congress’ difficulties with privacy regulations, particularly since the rise of the internet.
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"Privacy went out of the window at that point in time for young people, totally unaware of the longer-term implications of their interactions on social media. I think in some respects we are somewhat in that stage with AI," Griffiths said.
Rice specifically brought up the issue of children’s online privacy.
"We're seeing some movement," Rice said. "But even things that have broad consensus, even that is having difficulty moving forward. So, it is not surprising that a little bit more nascent technology like AI or generative AI is moving at a slower pace."
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