Senate Holds Hearings on Deepfakes and Digital Replicas

Summary
On April 16, 2024, the Senate Judiciary Subcommittee on Privacy, Technology and the Law held a hearing titled “Oversight of AI: Election Deepfakes.” The session focused on the imminent threats posed by AI-generated deepfakes in the context of elections, with key testimony from witnesses including David Scanlan, Secretary of State of New Hampshire, and CEOs from AI companies like Resemble AI and Reality Defender. Chair Richard Blumenthal (D-CT) emphasized the dangers deepfakes pose to democracy, highlighting incidents such as fake robocalls and manipulated media. The hearing underscored the need for bipartisan legislative action, with references to proposed bills like the Protect Elections from Deceptive AI Act. Ranking Member Josh Hawley (R-MO) echoed the urgency, citing the widespread potential for electoral manipulation. Witnesses advocated for robust safeguards, including mandatory labeling and a public database for AI-generated election content, to protect the integrity of democratic processes. On April 30, 2024, the Senate Judiciary Subcommittee on Intellectual Property held a hearing titled, “The NO FAKES Act: Protecting Americans from Unauthorized Digital Replicas.” The hearing focused on addressing the misuse of AI technology in creating unauthorized digital replicas of individuals' likenesses and voices. During the hearing, Chair Chris Coons (D-DE) highlighted the risks posed by advanced AI tools in creating fake images and voices and noted that the NO FAKES Act will be introduced in the coming months. Ranking Member Thom Tillis (R-NC) emphasized the need for precise legislative action to protect personal rights while fostering AI innovation. Witnesses discussed the importance of consent, robust intellectual property rights and clear legal frameworks to prevent misuse. They also stressed the need for preemptive federal legislation.