Explicit Digital Images (H 7101, H 8129)

As juvenile and inadvisable as it is to use generative artificial intelligence to create sexually explicit, but fake, digital images, criminalizing the dissemination of such digitally generated content raises numerous First Amendment concerns.

As juvenile and inadvisable as it is to use generative artificial intelligence to create sexually explicit, but fake, digital images, criminalizing the dissemination of such digitally generated content raises numerous First Amendment concerns. We opposed two bills which seek to to do that, noting that the bills did not require any attempt to harm the person who was the subject of the fake image; would make criminals of thousands of teenagers who, to give a recent example, texted to friends fake digital images of a nude Taylor Swift; and would bar satirists from using AI to create images of public officials in the nude. This bill passed the House, but died in the Senate.