California enacts new laws to tackle AI-generated child sexual abuse and revenge porn

California Enacts New Laws to Tackle AI-Generated Child Sexual Abuse and Revenge Porn

SACRAMENTO, Calif. – In a proactive move to curb the misuse of artificial intelligence (AI) tools in generating harmful sexual imagery of children, California Governor Gavin Newsom signed two significant proposals into law on Sunday. These measures are part of California’s broader efforts to regulate an industry that is becoming increasingly influential in everyday life but has seen little oversight in the United States.

The newly-signed laws focus specifically on closing a legal loophole around AI-generated depictions of child sexual abuse. Previously, district attorneys were hampered by the requirement to prove that such images depicted real children. The new legislation makes it unequivocally illegal to create, possess, or distribute AI-generated child sexual abuse material, elevating such offenses to the level of a felony.

“Child sexual abuse material must be illegal to create, possess, and distribute in California, whether the images are AI generated or of actual children,” stated Democratic Assemblymember Marc Berman, the author of one of the bills, in a statement. “AI that is used to create these awful images is trained from thousands of images of real children being abused, revictimizing those children all over again.”

In tandem with these measures, Newsom has also signed laws designed to protect adults from AI-generated revenge porn. It is now illegal for an adult to create or distribute explicit AI-generated deepfakes of a person without their consent. Social media platforms must also provide users the means to report and remove such images.

However, not all stakeholders believe the new laws go far enough. Los Angeles County District Attorney George Gascón, whose office sponsored some of the proposals, argued for harsher penalties that would also encompass minors. “There has to be consequences, you don’t get a free pass because you’re under 18,” Gascón remarked in a recent interview.

The urgency of these new laws is underscored by increasing incidences of AI-generated harmful content, which have drawn attention from both legal experts and researchers. For example, earlier this year, a school district in Beverly Hills expelled five middle school students for producing and sharing doctored nudes of their classmates.

This problem extends far beyond California. Nearly 30 U.S. states have enacted laws to tackle the rise of AI-generated sexually abusive materials, with varying scope and strictness. Some offer blanket protections, while others only outlaw materials depicting minors.

The legislation is part of a wider trend positioning California as a potential leader in the regulatory ecosystem of AI technology. Governor Newsom has championed the state’s forward-thinking approach, suggesting that AI could soon be used to address other issues such as traffic congestion and tax guidance. At the same time, the administration is contemplating new rules to prevent AI-related discrimination in hiring practices.

Earlier in the month, Newsom also approved stringent laws to combat election-related deepfakes. These actions, however, are currently facing legal challenges.

The sweeping nature of these new laws and the high bipartisan support they have received is indicative of the increasing recognition of the need to regulate AI technology, especially with its rapid advancements and growing accessibility. The measures signed by Governor Newsom represent a significant step in tackling some of the most troubling aspects associated with artificial intelligence.

Source: Noah Wire Services