And while user-generated content featuring mainstream public figures’ likenesses is commonplace, Sedona said, being an adult performer isn’t quite like being a regular public figure. Stella Sedona said her goal is to create “an inclusive and safe space for people to explore their sexuality,” so she was horrified to discover fan art that had paired images of her body with racist language. Porn stars told Forbes they’ve also seen people use their images in disturbing, but less technologically advanced ways. She noted that internet service providers play an important role in making deepfake porn (and the tools used to create it) available to the public - and that, if it wanted, Congress could pass a law that would make them subject to penalties for distributing it. “But the absence of consent that we know is likely present when someone is the subject of a deepfake, I think, puts it more in the camp alongside child pornography, that we should not view as something that is subject to protection under the First Amendment.”ĭelfino cautioned that penalizing creators of the non-consensual content might not be enough, though, because they could be difficult to identify, let alone haul before a court. “Pornography, so long as it’s based on consent, deserves First Amendment protections,” she told Forbes. House of Representatives, are considering new penalties for people who create or disseminate deepfake porn. Rebecca Delfino, a law professor at Loyola Marymount University and expert on deepfake legislation, noted that many legislatures, including the U.S. Some legislators and experts advocate for more robust protections for victims of deepfakes, whether or not they were created with an intent to harass. In images or videos of porn stars doing things they do not consent to, other motives are plausible: the creator of the image might have created it to sell, or just to enjoy for their personal use. But revenge porn laws are often limited to situations where perpetrators distribute images in order to harass or terrorize the depicted victim. explicit photos or videos of someone shared without their consent). In the U.S., some state governments have classified the publication of deepfakes under existing laws that bar the distribution of revenge porn (i.e. There are few laws protecting people whose images have been altered by AI without permission. “I wish there was more legislation that would enable us to act on those things,” she told Forbes. Lovings hopes that lawmakers create new remedies for performers whose likenesses are misused. Ultimately the actors’ union won contract provisions restricting the ways that employers could create AI renderings of their members. Several of the performers who spoke with Forbes made comparisons to AI’s similar threat to actors, which was one core issue in the recent strike in Hollywood. “The more scenes that we have out, the better of a rendition they'll be able to make of us,” she said. Lovings noted that the threat is most pronounced for performers who have shot a high number of scenes, revealing their bodies in many contexts and at many angles - which would make it easier for AI to impersonate them. The wide accessibility of AI that can make custom porn could also cut into porn stars’ ability to make a living. “These people are trying to profit off of the bodies of sex workers.” We have people who aren’t sex workers - your techbros and things of that nature - who are trying to come into the space without actually having to deal with the ramifications of being a sex worker,” said Siren Obscura, an independent director and producer who works with adult content creators. “AI is really in its infancy in the adult space, still. The non-consensual deepfakes and cheapfakes appropriating people’s (mostly women’s) likenesses without their consent are flooding even mainstream sites like Reddit and Etsy, which have struggled with moderation. The porn industry’s level of care (and fear) doesn’t yet exist in the evolving world of AI porn, where apps have sprung up across the internet promising users the ability to “undress anyone!” - adult performers, celebrities or otherwise. And I am, right now, a part of that - by force.” “I don’t want to fucking be a part of that. But suddenly, anyone can use an algorithm to superimpose a real person’s body onto a fictional scene, or make a performer say or do something they did not consent to, often with no repercussions. These rules have been essential to the porn industry’s survival in a highly regulated space, one where a misunderstanding can easily lead to broken contracts or broken laws.
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