E.1 A Collection of regulatory materials (and public-sector-related material)

This content area is a curated list of regulatory materials, and pointers to relevant governmental initiatives.

There will be both published and work in progress material in this section. As time progresses there will be material related to specific industries as well that have AI related regulatory material that is under consideration.

DG discussion on 15 May 2024 regarding what content should be put here. We decided that Public Sector related material that might be related to future regulations is appropriate in this content area. The story of this section might be “It’s too early” - and that’s OK.

There will be below including summarization of material and links to actual documents that can be downloaded or read.

Tree will include but not be limited to:

• The US Congress Bill on DeepFakes

  • Proposed: No Artificial Intelligence Fake Replicas And Unauthorized Duplications (No AI FRAUD) Act

  • The Senate’s Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act

  • The Disrupt Explicit Forged Images and Non-Consensual Edits (DEFIANCE) Act

    • States with legislation that specifically targets deepfake content include:

      • Florida

      • Georgia 

      • California: The forefront of AI regulation in the US. The California deepfake law was one of the first in the country to take effect back in 2019. The legislation not only criminalized non-consensual deepfake pornography but also gives victims the right to sue those who create images using their likenesses (Assembly Bill 602) and bans the use of AI deepfakes during election campaign season (Assembly Bill 730).

      • Hawaii

      • Illinois

      • Minnesota

      • New York

      • South Dakota

      • Tennessee

      • Texas - One of the first states in the country to pass a law prohibiting the creation and distribution of videos intended to harm or influence elections (Texas Senate Bill 751). Since then, Texas deepfake law has introduced the Unlawful Production Or Distribution Of Certain Sexually Explicit Videos law, making it a criminal offense to produce explicit deepfake videos without the depicted person’s permission.

      • Virginia

• Canadian Guidelines surrounding:

  • DeepFakes

  • Generative AI Guidelines relating Usage and Authentication

• NIST guidelines.

  • .

  • .

  • .

• Banking regulatory Requirements:

  • OSFI Generative AI guidelines for AML and Authentication.

  • Netherlands rule on FaceID for Mobile and Banking

Deepfake law: UK - Summary

The UK Online Safety Act passed in 2023 has made it illegal to share explicit images or videos that have been digitally manipulated. However, this only applies in circumstances where they have intentionally or recklessly caused distress to an individual. The Act does not prevent the creation of pornographic deep fakes or indeed sharing them where intent to cause distress cannot be proved.

The amendments also don’t make it an offense to create any other type of AI-generated media without the subject's consent. In these instances, only those whose Deepfaked likeness has been used to cause harm can seek redress, relying on defamation, privacy and harassment, data protection, IP, or other criminal laws, which can be complicated and difficult to establish. A copy of the Online Safety Act can be found below.

Deepfake law: EU

In the EU, deepfakes will be regulated by the AI Act, the world’s first comprehensive AI law. The proposed AI Act will not bar the use of deepfakes outright but attempts to regulate them through transparency obligations placed on the creators under Article 52(3) of the proposed Act.

Negotiators from the European Parliament and Council Presidency came to a surprise agreement on the EU AI Act in December 2023 — it’s likely regulators will finalize the text of the Act in the first quarter of 2024.

Other interesting content:

• The World Economic Forum’s Digital Trust Initiative and the Global Coalition for Digital Safety aim to counter harmful online content.

All of the documents and summaries will be posted shortly.

URL	Site	Description of content	Document

URL	Site	Description of content	Document
Deepfakes and the law: Are we protected? (timesofmalta.com)	https://timesofmalta.com/	Article summarizing the EU’s Artificial Intelligence Act (AI Act) highlighting it attempts regulate deepfakes.
https://www.policechiefmagazine.org/law-enforcement-era-deepfakes/	www.policechiefmagazine.org	Law Enforcement in the Era of Deepfakes - Deepfake media (deepfakes) are hyper-realistic video, images, and sound forgeries created using artificial intelligence and machine learning algorithms. Types of deepfake videos include face-swapping, puppeting (person depicted mirrors the video’s creator), or the addition of completely synthetic content to a video
https://www.congress.gov/bill/118th-congress/house-bill/5586	Congress - H.R.5586 - DEEPFAKES Accountability Act	Bill introduced in September 2023. Primarily focuses on requiring creators to digitally watermark deepfake content and making it a crime to fail to identify malicious deepfakes. Summary	Open
AI and the Law: Deepfakes, Eroding Trust, and the Legal Tightrope | HackerNoon	Hackermoon.com (Blog post)	Includes case studies and proposed regulations