Jan 31, 2019

Lawmakers plunge into "deepfake" war

Illustration: Sarah Grillo/Axios

Deepfakes — digitally forged videos that can be impossible to detect — are called the end of truth, a threat to democracy and a potential disruption to society. Everyone agrees on the danger, but no one has figured out what to do about it.

But now Congress and several states are considering the first legislation against AI-altered videos and audio — suggesting a coming barrage of such laws.

Driving the news:

  • Last month, Sen. Ben Sasse (R-Neb.) introduced a bill to criminalize the malicious creation and distribution of deepfakes — the first of its kind. Introduced a day before the government shutdown, the bill flew under the radar and expired when the year ended. But Sasse's office tells Axios he intends to reintroduce it.
  • In New York, a controversial state bill would punish people who knowingly make digital videos, photos and audio of others — including deepfakes — without their consent.
  • Other lawmakers are looking into the subject: Sen. Mark Warner (D-Va.) and House Intelligence Chairman Adam Schiff (D-Calif.) have invited legal scholars to privately brief their staff on deepfakes, and experts tell Axios they're fielding calls from state policymakers.

What's next: Spokespeople for Warner and Schiff said both are considering deepfakes legislation.

"Deepfakes — video of things that were never done with audio of things that were never said — can be tailor-made to drive Americans apart and pour gasoline on just about any culture war fire. Even though this is something that keeps our intelligence community up at night, Washington isn’t really discussing the problem.”
— Sen. Ben Sasse to Axios

Details: Sasse's bill targets two different groups:

  • Individual deepfake creators, if they act with the intent to do something illegal (like commit fraud).
  • Distributors, like Facebook — but only if they know they're distributing a deepfake. That means that platforms could set up a reporting system, like ones used to suppress pirated movies, and take down deepfakes when they're notified of them.

Sasse's proposed punishment: A fine and/or up to two years' imprisonment, or — if the deepfake could incite violence or disrupt government or an election — up to 10 years.

Several experts tell Axios that Sasse's bill is a step in the right direction. But one worry is that it misses the mark in its rules for platforms.

  • Danielle Citron, a University of Maryland law professor and co-author of a landmark law article on deepfakes, says the bill places over-broad liability on distributors. She says it could scare platforms into immediately taking down everything that's reported as a deepfake — potentially deleting legitimate posts in the process.
  • Lawmakers don't get many chances to get this right, says Citron. "You gotta write this correctly." One or two over-broad or ineffective bills and an appetite for a deepfakes law might turn into backlash.
  • Mary Anne Franks, a law professor at the University of Miami and president of the Cyber Civil Rights Initiative, sees the opposite problem: Proving "actual knowledge" that they're circulating a deepfake could be nearly impossible.

But, but, but: Some are less convinced that Congress should step in. David Greene, civil liberties director at the Electronic Frontier Foundation, says making malicious deepfakes a federal crime may hamper protected speech — like the creation of parody videos.

Reality check: New laws would be a last line of defense against deepfakes, as legislation can’t easily prevent their spread. Once the law gets involved, “the harm is so out of the bag and it’s viral,” Citron says. The holy grail, a system that can automatically detect forgeries, is still well out of reach.

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Trump weighs quarantine of New York, New Jersey, Connecticut

Data: The Center for Systems Science and Engineering at Johns Hopkins; Map: Andrew Witherspoon/Axios

President Trump said Saturday he's considering a short-term quarantine of New York, New Jersey and parts of Connecticut, which have already taken steps to help residents isolate. Gov. Andrew Cuomo reacted to Trump's comments by telling CNN, "This would be a federal declaration of war on states" and that it would cause "chaos."

The big picture: With more than 121,000 people infected, the U.S. has the most COVID-19 cases in the world, exceeding China and Italy, per data from Johns Hopkins. A second wave of American cities, including Boston, Detroit, New Orleans and Philadelphia, are reporting influxes of cases.

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Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Global: Total confirmed cases as of 7:30 p.m. ET: 660,706 — Total deaths: 30,652 — Total recoveries: 139,304.
  2. U.S.: Leads the world in cases. Total confirmed cases as of 7:30 p.m. ET: 121,478 — Total deaths: 2,026 — Total recoveries: 1,072.
  3. Federal government latest: President Trump is considering a quarantine on New York, parts of New Jersey and Connecticut.
  4. State updates: Alaska is latest state to issue a stay-at-home order — New York is trying to nearly triple its hospital capacity in less than a month and has moved its presidential primary to June 23. Some Midwestern swing voters that supported Trump's handling of the virus less than two weeks ago are now balking at his call for the U.S. to be "opened up" by Easter.
  5. World updates: In Spain, over 1,400 people were confirmed dead between Thursday to Saturday.
  6. 🚀 Space updates: OneWeb filed for bankruptcy amid the novel coronavirus pandemic.
  7. Hollywood: Tom Hanks and Rita Wilson have returned to U.S. after being treated for coronavirus.
  8. What should I do? Answers about the virus from Axios expertsWhat to know about social distancingQ&A: Minimizing your coronavirus risk
  9. Other resources: CDC on how to avoid the virus, what to do if you get it.

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Coronavirus updates: Deaths surge in Italy and Spain

Data: The Center for Systems Science and Engineering at Johns Hopkins, the CDC, and China's Health Ministry. Note: China numbers are for the mainland only and U.S. numbers include repatriated citizens and confirmed plus presumptive cases from the CDC

The novel coronavirus has since Friday killed 889 more people in Italy and 832 others in Spain, which announced all non-essential workplaces would close for two weeks.

The big picture: The number of deaths from COVID-19 surpassed 2,000 on Saturday in the U.S., which leads the world in confirmed coronavirus infections — more than 121,000, per John Hopkins. The number of those recovered from the virus in the United States passed the 1,000-mark on Saturday evening.

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