Grok deepfakes accelerate Hill action
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Illustration: Aïda Amer/Axios
Backlash over deepfakes made with Elon Musk's AI chatbot Grok is fueling a push on Capitol Hill to give victims the right to sue.
Why it matters: Non-consensual sexual imagery is increasingly targeting people — including members of Congress — across the country, sharpening bipartisan urgency to give victims strong legal recourse.
- The issue goes beyond one company, with AI tools driving the spread of child sexual abuse material and non-consensual intimate imagery.
State of play: The Senate on Tuesday passed the bipartisan DEFIANCE Act — which would create a federal civil right of action for people who are victims of intimate digital forgeries — by unanimous consent.
- Advocates say they expect some "movement" on the bill in the House next week.
- Additional lawmakers from both sides of the aisle have co-sponsored the bill in the last two weeks.
Backers are also hoping for the support of First Lady Melania Trump, who played a key role in advancing the TAKE IT DOWN Act, a deepfakes bill signed into law last year.
- That law will require platforms to remove CSAM and non-consensual intimate images within 48 hours of being notified by the victim and criminalizes posting such content.
- Her office did not respond to requests for comment on the DEFIANCE Act.
Outcry over Grok is adding pressure to move the DEFIANCE Act through the House because the TAKE IT DOWN Act "is not doing enough to cover this," said Sexual Violence Prevention Association President and CEO Omny Miranda Martone said.
- That law, which takes effect in May, is concerned with images that have been made public and wouldn't cover content shared in direct messages or emails.
- Musk's solution for his chatbot's content has also been to put images behind a paywall.
The DEFIANCE Act would go after the production, distribution and solicitation of such images, casting a much wider net.
- Instead of just Federal Trade Commission enforcement action, individuals could sue perpetrators under this legislation.
The intrigue: In addition to Melania Trump speaking out about AI-generated deepfakes, celebrities have thrust this issue into the limelight, notably Taylor Swift in 2024 and Stranger Things child actress Nell Fisher this year.
- Rep. Alexandria Ocasio-Cortez (D-N.Y.), a co-sponsor of the DEFIANCE Act, has been a target.
- In a recent tweet Ocasio-Cortez noted that "...it's not just actresses. Across the country, more and more teenage girls are becoming victims of deepfake harassment."
The bottom line: Momentum on the Hill is growing as people, famous or not, face abuse online.
