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Illustration: Aïda Amer/Axios

Since Sen. Ben Sasse (R-Neb.) introduced the first short-lived bill to outlaw malicious deepfakes, a handful of members of Congress and several statehouses, have stabbed at the growing threat.

But, but, but: So far, legal and deepfake experts haven't found much to like in these initial attempts, which they say are too broad, too vague or too weak — meaning that, despite all the hoopla over the technology, we're not much closer to protecting against it.

The big picture: Deepfakes pose a threat to elections and businesses, and experts worry that a convincing, well-timed fake video could set off riots or even armed conflict. But as we've been chronicling, campaigns and firms are largely unready for the threat.

What's happening: Congress and state legislatures are trying to head off deepfakes instead with laws that would punish creating or distributing certain types.

  • In Virginia, sharing nude photos or videos without the subject's permission is illegal — and as of this month, a new law now applies to digitally altered images and videos, too.
  • In New York, a similar bill has failed to get off the ground for over a year, facing pushback from Hollywood studios that say it's overly broad.
  • In Texas and California, recent bills would criminalize the creation of AI-generated videos aimed at knocking an election off course — but only within 30 or 60 days of the poll date, depending on the state.

In Congress, the DEEPFAKES Accountability Act would require people to put watermarks on AI-generated or altered content, and allow people who were spoofed to sue the creator of a deepfake. A second bill would require the Department of Homeland Security to produce an annual report about deepfakes and recommend new regulations.

None of these quite hits the mark. "The bills I've seen so far have been crafted really quickly," says Hany Farid, a digital forensics expert at Berkeley. "I don't think they've been thoughtful about the technology and the consequences."

Between the lines: It's really hard to head off the deepfake threat with laws, because by the time a malicious fake goes viral — whether it's aimed at a candidate or it's nonconsensual porn — it's too late to contain the damage.

  • Bills requiring disclosure won't contain the harm of a fast-spreading fake, says Danielle Citron, a law professor at Boston University. "We believe deepfake sex videos though they are fake," she says. "People won’t see the watermark."
  • And proposals focused on deepfakes' political impact won't protect the larger group most at risk of harm — women placed in deepfake pornography without their consent, says Mary Anne Franks, a University of Miami law professor.

What's next: Citron and Franks are working with a House member — they won't say who — to draft a bill they say is better suited to the problem. Rather than specific uses of deepfakes, it takes on digital impersonation broadly, Citron says.

Go deeper: Congress' flawed proposals to combat deepfakes (Slate)

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43 mins ago - Technology

Ex-N.Y. Post digital chief files lawsuit alleging sexual harassment

Richard B. Levine) (Photo by Richard Levine/Corbis via Getty Images

Former New York Post editor Michelle Gotthelf is suing her former employer, its parent company News Corp. and two editors, alleging she was reprimanded after complaining to senior executives that she was sexually harassed by retired N.Y. Post editor-in-chief Col Allan. The N.Y. Post issued a statement denying any wrongdoing.

Why it matters: "I felt that I owed it to myself and I owed it to the news organization and the people who answered to me," Gotthelf, who was a long time editor at the N.Y. Post, told Axios in an interview.

Updated 3 hours ago - Politics & Policy

Political consultants pocket taxpayer cash

Illustration: Shoshana Gordon/Axios

Members of Congress are turning to the same political consultants who got them elected to blast out taxpayer-funded communications from their government offices, records show.

Why it matters: While those members are barred from politicking with official funds, the firms have expertise in boosting elected officials' images for political gain and are in high demand for both campaign and government work.

Updated 4 hours ago - Politics & Policy

Omicron dashboard

Illustration: Brendan Lynch/Axios

  1. Health: Transplants rebound from COVID lull
  2. Vaccines: WHO: No evidence that healthy children, teens need boosters — Kids' COVID vaccination rates are particularly low in rural America
  3. Politics: Government website for free COVID tests launches early
  4. World: Greece imposes vaccine mandate for people 60 and older
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