California Enacts Landmark Laws to Combat AI-Generated Child Deepfakes

California Governor Gavin Newsom has signed new bills aimed at protecting minors from the misuse of artificial intelligence (AI) tools that generate harmful sexual imagery of children. These measures are part of the state's broader efforts to regulate the AI industry, which has seen little oversight despite its growing impact on American lives.

Earlier this month, Newsom also approved stringent laws to address election deepfakes, positioning California as a potential leader in AI regulation in the United States. The new child protection laws received overwhelming bipartisan support and close a legal loophole regarding AI-generated child sexual abuse imagery by declaring it illegal even if the images depict fictional persons.

Under the new legislation, possessing or distributing AI-generated child sexual abuse materials, without proving they depict real individuals, is now classified as a felony. Democratic Assembly member Marc Berman, who authored one of the bills, emphasized that such AI-generated content revictimizes real children by using images trained from thousands of abused minors.

In addition to child protection, Newsom signed bills to combat revenge porn facilitated by AI tools. These laws prohibit adults from creating or sharing AI-generated explicit deepfakes without consent and require social media platforms to enable reporting for removal of such materials.

While the laws mark significant progress, some critics, including Los Angeles County District Attorney George Gascon, argue that penalties should also cover those under 18. Nevertheless, California's swift legislative actions reflect a growing national trend, with nearly 30 states addressing AI-generated sexually abusive materials.

Governor Newsom has touted California's role as an early adopter and regulator of AI technology, eyeing potential deployments of generative AI tools for highway congestion management and tax guidance, amid considerations for new rules against AI discrimination in hiring practices.

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