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A deep fake is a realistic image or video altered to depict a
person or celebrity without their consent that can be used to
blackmail, embarrass or extort someone.
Senate Bill 1392, filed by state Sen. Mary Edly-Allen,
D-Libertyville, looks to set up a way for victims of physical,
emotional, reputational, or economic harm caused by deep fake
media to seek justice. Victims would be able to collect damages
and remain anonymous during court proceedings.
The measure is similar to House Bill 2123, which State Rep.
Jennifer Gong-Gershowitz, D-Glenview, filed.
Matthew Kugler, a law professor at Northwestern, helped shape
the bill's language and explained the measure before the Senate
Judiciary Committee on Wednesday.
"Deep fakes are a major social problem. This legislation is
needed, timely, and constitutional," Kugler said. "It is needed
because, over the past five years, deep fakes have exploded in
popularity, improved in quality, and have become much easier to
make."
Edly-Allen explained the dangers of deep fake technology.
"A disturbingly common use of deep fake technology involves
superimposing the likeness of a non-consenting person onto a
pornographic video with the intent to harass, humiliate, or
blackmail that person," said Edly-Allen. "The targets of this
abuse are disproportionately women and LGBTQ people."
Sen. Jil Tracy, R-Quincy, said the measure could put politicians
at risk due to their campaign ads.
"It occurs to me that, if you have ever seen some of our
political ads, those are intended to sway voters," Tracy said.
"Is that your intent that we would also allow a cause of action
for a candidate?"
Kugler said there would be a difference between political ads
and harmful deep fakes.
"At the point where a political satire or political parody is so
persuasive that you don't know its a satire or a parody, it
really missed the mark," Kugler said.
Both measures passed through the commitee and now await further
action.
Andrew Hensel reports on issues in Chicago and
Statewide. He has been with The Center Square News since April
of 2021 and was previously with The Joliet Slammers.
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