Using AI-powered apps to create fake nude photos of people without their consent violates all sorts of norms, especially if those people are minors.

However, it still does not violate California law. But soon it will be.

A pair of new bills signed by Gov. Gavin Newsom make it illegal to create, possess and distribute sexual images of minors, even if they are created on a computer rather than a camera. The measure will come into effect from January 1st.

The state’s expanded ban comes after students were raped by apps that use artificial intelligence to digitally generate nudity by taking photos of real people in clothing, or seamlessly overlay images of people’s faces. This was done in response to the increasing number of victims. From porn videos to nudity.

According to Research published last month According to the Center for Democratic Technology, 40% of students surveyed said they had heard about some kind of deepfake image being shared at school. About 38% of this group said the images were non-consensual and were intimate or sexually explicit.

The center’s report found that few teachers surveyed said their schools were taking steps to slow the spread of non-consensual deepfakes, and that “unfortunately, many students and parents are “We are looking for answers in schools that have been left behind and are not equipped to provide answers.” ”

The center said schools are more likely to expel or impose other penalties on students who create and spread deepfakes. For example, in February, the Beverly Hills School District expelled five eighth graders for sharing fake nudes of 16 other eighth graders.

The Beverly Hills case was referred to police, but legal experts said at the time that gaps in state law appeared to keep computer-generated child sex abuse material beyond the reach of state prosecutors. This situation would apply even if the image was taken. Created and distributed by adults.

This gap is due in part to the fact that states’ legal definitions of child pornography do not refer to computer-generated images. state appellate court Reigned in 2011 To violate California law, “actual children would have to be used in the production to actually engage in or imitate the sexual acts depicted.”

Congressional Bill 1831The bill, authored by Rep. Mark Berman (D-Menlo Park), would extend the state’s child pornography ban to “material that contains depictions that are digitally altered or generated by artificial intelligence.” [of] “A person who appears to be under the age of 18,” engages in sexual activity, or engages in such acts. State law defines sex acts as not just sexual acts, but graphic displays of nudity or bodily functions for the purpose of sexual stimulation.

When AB 1831 goes into effect next year, AI-generated and digitally modified materials will be made illegal to knowingly possess, sell to adults, or distribute to minors, just like other types of obscene child pornography. It is illegal to do so. It is also illegal to knowingly engage in any way in the non-commercial distribution or exchange of child pornography to adults, even if it is not obscene.

Senate Bill 1381The paper, authored by Sen. Aisha Wahab (D-Hayward), takes up similar ground and calls for amending state law to use AI to create images of real children engaging in sexual acts. It specifically prohibits the use of children as models for digitally modified or AI-generated child pornography. .

Kailyn Heyman, 16, a Ventura County resident and former Disney actress, has experienced this issue firsthand and was a vocal supporter of AB 1831. A Pennsylvania man created sexually explicit images of bodies and faces spliced ​​together, which at the time was not punishable under California law, according to the Ventura County District Attorney’s Office. Instead, the man was charged in federal court, convicted and sentenced to 14 years in prison, prosecutors said.

“Supporting this bill was very empowering, and I am grateful to the DA and my parents for supporting me through this process,” Heyman said. news release. “This law is revolutionary and will ensure justice for future victims.”

“Through our collaboration with Kaylin Heyman, who courageously shared her experience as a victim, we were able to expose the real evil of computer-generated images of child sexual abuse,” said Dist. Johnson. . Atty. Eric Nasarenko said in a release. “Kaelynn’s strength and determination in supporting this bill will protect minors in the future. Her efforts played a vital role in the passage of this bill.”