Lawmakers in Minnesota have passed legislation making it a criminal offense to use ‘deep fakes’ to influence an election. While the law uses the term ‘deep fake’, the actual definition is so broad it would also include AI generated and other forms of manipulated images:
“Deep fake” means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof: that is so realistic that a reasonable person would believe it depicts speech or conduct of an individual who did not in fact engage in such speech or conduct; and the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.
Offenders with no prior convictions for violating the new law could face upwards of a $1,000 fine and/or 90 days in jail. For repeat offenders the punishment escalates to a potential five year prison sentence and/or a a $10,000 fine. The law also stipulates the offense must occur within 90 days of the election.
Recently, Florida Governor Ron DeSantis’s presidential campaign posted AI generated images of former President Trump hugging Anthony Fauci in an effort to smear the Republican presidential primary front runner. Under the new Minnesota law, it could potentially be illegal for the DeSantis campaign to post these AI images on social media sites – as well as for anyone who reposts them.
