MY DIGITAL IDENTITY
IS
MINE
US House Bill 6943 -- The NO AI FRAUD ACT
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Digital Provenance:
Digital Provenance is a record of creation. The origin, history, and ownership of a particular piece of content, such as your voice recording, video, or image.
Ensuring Authenticity and Accountability in the Age of AI
As AI technology advances, the risk of misuse grows. The No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act of 2024, known as the No AI FRAUD Act, addresses this by protecting individuals’ rights against unauthorized use of their likenesses and voices.
Overview of the No AI FRAUD Act

Introduced to the House on January 10, 2024, this bipartisan act aims to safeguard individuals from unauthorized AI-generated content and deepfakes.

View the Bill here ==> https://files.constantcontact.com/1849eea4801/695cfd71-1d24-4146-a453-3dab7d49babd.pdf

Key Provisions of the Act
  1. Property Rights in Likeness and Voice:
    1. Establishment of Rights: Individuals have property rights in their likeness and voice, which are considered intellectual property. These rights are transferable and descendible.
    2. Transferability and Validity: These rights can be transferred or licensed, ensuring any agreement for use is legally binding.
  2. Unauthorized Simulation of Voice or Likeness:
    1. Prohibitions: Unauthorized use of digital voice replicas or depictions without consent is prohibited.
    2. Liability and Remedies: Violators are liable for damages, including profits from unauthorized use, punitive damages, and attorney’s fees.
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  1. First Amendment Defense:



    Considerations: The act provides a defense for expressive uses but balances this with the individual’s intellectual property rights.
  2. Limitation and Harm:

    Negligible Harm: Liability does not apply if harm is negligible, but harm includes financial or physical injury, severe emotional distress, and likelihood of deception.

  3. Limitations Period and No Preemption:
    1. Statute of Limitations: Civil actions must be commenced within four years of discovering the violation.
    2. No Preemption: The act does not preempt other laws protecting against unauthorized use of an individual’s name, voice, or likeness.
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Importance of the No AI FRAUD Act

The No AI FRAUD Act addresses key issues arising from AI technology:

  • Preventing Misuse: Establishing property rights and prohibiting unauthorized use prevents AI from creating deceptive content like deepfakes.
  • Protecting Individuals: Legal tools ensure individuals’ likenesses and voices are not exploited without consent.
  • Ensuring Accountability: Holding violators accountable deters malicious activities and promotes responsible AI use.
Scarlett Johansson
Case Study: Scarlett Johansson Deepfake Incident

n May 2024, Scarlett Johansson released a detailed statement regarding a troubling incident involving her likeness and voice. This incident highlights the critical need for robust digital identity protection and clear legislation governing the use of AI-generated content.

In September 2023, Johansson was approached by Sam Altman, the CEO of OpenAI, with an offer to voice their latest AI system, ChatGPT 4.0. Altman suggested that her involvement could bridge the gap between technology companies and creatives, making consumers feel more comfortable with the integration of AI into daily life. Despite the compelling offer, Johansson declined for personal reasons.

Nine months later, Johansson discovered that the newly released ChatGPT 4.0 system, named ‘Sky,’ had a voice strikingly similar to hers. The similarity was so uncanny that her friends, family, and even news outlets could not distinguish between her actual voice and the AI-generated one. Altman himself hinted at the intentional likeness in a tweet, referencing Johansson’s role in the film “Her,” where she voiced a chat system named Samantha.
Conclusion

The No AI FRAUD Act is crucial for protecting individuals in the digital age. By establishing property rights in likeness and voice and prohibiting unauthorized use, it ensures people are protected from AI exploitation. As AI evolves, this legislation is vital for maintaining authenticity, accountability, and trust in digital content.

This proactive approach addresses AI challenges, upholds individuals’ rights, and promotes ethical technology use, creating a safer and more trustworthy digital landscape for everyone.