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United States Government Politics

California Bans Political Deepfakes During Election Season (theverge.com) 168

An anonymous reader quotes a report from The Verge: California has passed a law meant to prevent altered "deepfake" videos from influencing elections, in a plan that has raised free speech concerns. Last week, Gov. Gavin Newsom signed into law AB 730, which makes it a crime to distribute audio or video that gives a false, damaging impression of a politician's words or actions. The law applies to any candidate within 60 days of an election, but includes some exceptions. News media will be exempt from the requirement, as will videos made for satire or parody. Potentially deceptive video or audio will also be allowed if it includes a disclaimer noting that it's fake. The law will sunset in 2023. The report notes that Newsom also signed a law that would ban pornographic deepfakes made without consent.
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California Bans Political Deepfakes During Election Season

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  • That is how the masses learn about things in the first place. Yeah, some fringe people might share it among themselves, but once the media takes it and keeps reporting on it over and over, that is how the masses tend to think something is real or it could be real. Take the Hunter Biden stuff, yeah it has been proven that it had no impact on the politics there or any influence from Joe, but it gets enough people thinking that it could have happened and they just hid it well enough. And there are plenty of

    • Re: (Score:2, Interesting)

      Well the big problem is the spread of fake information via social media, mostly Facebook. In the 2016 US election the top 20 fake stories generated 8711000 shares, reactions, and comments on Facebook, outperforming the top 20 real stories from top new organizations that only got 7367000 shares, reactions, and comments. According to Facebook 120 fake Russian pages created 80000 posts that were received by 29 million Americans directly, but reached by many more by sharing. Russia has put a lot of money into t
  • Who said it... (Score:2, Insightful)

    "We believe that any speech that challenges national sovereignty and social stability is not within the scope of freedom of speech."

    • by AmiMoJo ( 196126 )

      Fraud isn't a free speech issue though. Making a deepfake video in order to mislead people could be fraud. I'm not familiar enough with the specifics of US to to say.

      • Fraud isn't a free speech issue though.

        There is a distinction between "false speech" and "fraud", and that distinction hinges on whether a contract is involved. Fraud is not a category of "illegal speech" but rather a form of theft. You don't become the owner of property which you acquired through fraud—which means that you have deliberately taken possession of someone else's property without their consent. Transferring ownership of property requires a valid contract, which requires meeting of the minds, and deception precludes meeting of

  • So far so bad (Score:5, Insightful)

    by Impy the Impiuos Imp ( 442658 ) on Tuesday October 08, 2019 @11:06PM (#59286506) Journal

    Political speech is the most protected of all, up to and including deliberate lies, lest those in power become the arbiters of truth...spoken against them.

    This laughable law will be tossed 9-0 if it even gets that far.

    • Re: (Score:3, Insightful)

      I think you mean 7-2, I'll leave it an exercise for the reader to figure out the 2.
    • by Cyberax ( 705495 )

      Political speech is the most protected of all, up to and including deliberate lies

      Nope. You can lie for political purposes, sure. But using somebody's image for that makes it a slander at best.

      • Mod up please

        This law easily falls under the exceptions to free speech that prohibit slander.

        • This law easily falls under the exceptions to free speech that prohibit slander.

          I suppose someone could claim it is artistic expression....

          And if of a public figure, like a politician, well, they don't have quite as many protections as the normal citizen I don't believe.....?

          I think the court would have to rule, does every person OWN their likeness? I dunno if that has been tested of put into law.

          I think there's a LOT of GRAY area on this one....

          • by skam240 ( 789197 )

            I think people are creating a lot of grey area here so they can knee jerk rail on Leftists. If it's done for the purpose of putting false words or actions on some one (which this law is specifically covering) then it quite clearly falls under "slander".

      • No it doesn't. They're public figures and are open to all forms of parody, ridicule, satire, mockery, effigy, and general piss taking.

    • You're dreaming. They wouldn't even hear the case.
    • Re:So far so bad (Score:5, Insightful)

      by The Evil Atheist ( 2484676 ) on Wednesday October 09, 2019 @04:27AM (#59286916)

      Political speech is the most protected of all, up to and including deliberate lies

      Making a fake video of someone saying something they didn't say, with technology now so good it is really difficult for a person not exposed to the technology to tell the difference from a real video, is not a lie, and is not political speech. It is not speech at all. It is an action. Otherwise, counterfeit money would be considered free speech. America today already has a problem with degree mills awarding fake degrees and allowing recipients to scam others under free speech.

      Absolutism in anything is stupid.

    • Comment removed based on user account deletion
    • by Joviex ( 976416 )

      Political speech is the most protected of all, up to and including deliberate lies

      Lies are not protected speech.

      Even the "freedom of speech" you bespoke, has limits, in the fucking constitution.

      Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial speech such as advertising.

      • I don't know who you're quoting there, but none of those exceptions are actually present in the Constitution. It would certainly be more convenient for the government if those restrictions on speech were constitutional, but there is no basis for that position in the text.

        Fraud is not "illegal speech", it's theft. The taking of others' property without a valid contract transferring ownership. Deception precludes "meeting of the minds".

        Threats are not "illegal speech" but (when imminent and credible) they are

    • 9-0? You're dreaming.

      6-3 at best.

    • Political speech is the most protected of all, up to and including deliberate lies

      Yeah, no.

      Political speech is HEAVILY regulated with time, place and manner restrictions.

      TPM restrictions are commonplace. Consider strict reporting requirements on who is funding political speech, government reporting costs, limits on dollar values, and more. There are laws regarding accuracy and clearly delimiting statements of fact versus statements of opinions, where statements of fact can result in serious penalties (including prison time) for intentionally spreading lies.

      Restrictions on political s

    • Ordinarily, I would agree. However, this isn't really a free speech issue in any traditional sense. Even those exposed to this technology can have a hard time telling these from actual footage (the better done ones, anyway). If this use of the technology is not criminalized (and yeah, I do understand the risks), what little ability to tell fact from fiction, or any variation thereof, will be essentially gone. The very foundation of our democracy (even if not a pure one) will become utterly defunct. This is

  • If there is a satire exemption its only meaningful if its *labeled* as satire. These days politics is often so absurd the real thing feels like satire.

  • Is to NOT get discovered, and get the deepfake accepted as true, so good luck.

  • naked Taylor Swift I've just committed a crime?
    • by fazig ( 2909523 )
      Take a look at the text [ca.gov] you can read right there that it just says "a picture or photograph".
      So if you don't label your hyper realistic drawing a 'fake' AND they can prove that you did it with the malicious intent to deceive people, then you'd committed a crime.
      If you label it as fake or "This picture is not an accurate representation of fact." how the text puts it, it stays protected speech.

      Further down they mention the media forms iE: picture, video, audio. It also specifies how the labelling as 'fake
      • by AHuxley ( 892839 )
        What other art in CA will have to get the "text of the disclosure shall appear" law next?
        Photography? Painting? Cartoon? Digital painting?
    • by dissy ( 172727 )

      So if I draw a hyperrealistic picture of naked Taylor Swift I've just committed a crime?

      If you do and then claim it is a real photograph of her, then yes you have.

      But there is a slight difference. With Taylor Swift as the example, I think you committed a crime already, before this specific law.
      There is the copyright violation with using her likeness, and depending on what other claims you make along with it possibly slander laws that come into play.

      Things are different regarding political figures. Copyright doesn't apply there, and slander laws regarding political figures have far higher req

    • by AmiMoJo ( 196126 )

      It really depends what you do with it. If you try to pass it off as real and maybe sell it to some gossip rag or a porn site you could be in trouble. If you throw it on Deviant Art with a note that you drew it yourself then you are probably fine.

      See, it's not exercising your speech that will get you in trouble, it's fraudulently trying to pass it off as something that it's not.

  • These toothless laws mean jack diddly outside of the state. It's hilarious how Sacramento thinks it has any bearing outside of its state's boarders.

    • by AHuxley ( 892839 )
      No funny gif loops of coughing, frail, failed politicians will be seen on the internet in CA.
      No drawing. No attempts at ascii art.
      No using journalism to try and get federal protection for freedom of the press... and speech.
      Creating a funny gif is not protected federally.
      Funny art is banned in CA.
      A page of printed ascii art sent as a letter in the mail will also be considered networking political deep fake art.
      No printing political flip books.
  • What a laugh riot (Score:2, Insightful)

    by ArhcAngel ( 247594 )
    California, the land of fakery bans fakery. Film at 11.50
    • by PPH ( 736903 )

      California, the land of fakery

      I want to join the fake police.

      "Excuse me ma'am. Are those real?"

  • Does this guy think CA is in danger of going to Trump in 2020?
  • After PG&E intentionally shuts down the power grid because "fires" nobody will be able to see fakes anyway.

  • News media will be exempt from the requirement, as will videos made for satire or parody

    We all know that the news media and the existing politically appointed power structure that would adjudicate any disputes are perfectly unbiased, so this will be great!

  • Too bad.. (Score:4, Insightful)

    by The Grim Reefer ( 1162755 ) on Wednesday October 09, 2019 @06:24AM (#59287058)
    It's a shame they didn't ban out of context sound bites. It's amazing the difference it makes when you see a 2 or three second sound bite vs. an entire quote. I've gotten to the point where any sound bite I find even remotely surprising I try to find the entire speach or interview before coming to a conclusion one way or the other. Granted, sound bites have always been somewhat questionable, but they have been completely dishonest an increasingly amount in the last 20 years or so. Especially since it's become so easy to verify or debunk them since the rise of the internet.
  • by AHuxley ( 892839 ) on Wednesday October 09, 2019 @08:34AM (#59287396) Journal
    get to the art of a cartoon "made" from a broadcast video clip?
    A funny meme pic?
    A still frame from a video wth political words added?
    When does the fake stop and the CA gov approved political satire start?
    Is a cartoon not art? A series of frames in a gif?
    How much art has to be added by an artist before speech is filly protected from CA "again"?
    • by AmiMoJo ( 196126 )

      I imagine it will be similar to questions of libel and copyright infringement. The court will look at the context, e.g. in the middle of a comedy TV is pretty clearly satire, in a Facebook ad made to look like a news report it's probably intended to mislead.

  • My father always used to say:

    "Believe nothing that you read, and only half of what you see!"

    That advice seems to have aged particularly well, so I now have passed it on to my children.

    • by DogDude ( 805747 )
      "Believe nothing that you read, and only half of what you see!"

      So, I'm guessing there are no educated people in your family, then...
    • by Falos ( 2905315 )

      If you don't read the news, you're uninformed.
      If you do read the news, you're misinformed.

      Riddle solution: Build your own conclusions by aggregating sources, don't be a parrot of a singular one.

    • My father always used to say:

      "Believe nothing that you read, and only half of what you see!"

      If you are listening to the news, you are playing a game of telephone and losing. At least with the written word, there's some chance someone, somewhere, will get it right.

  • Would publishing a transcript that has an entire page replaced by ellipses in order to misconstrue what was said count as a fake? Mueller did the same with President Trump's personal lawyer in an attempt to show "obstruction" that didn't exist. Would that not count as a fake? How about leaving off most of the conversation around the "good people on both sides" hoax?

    The point is that politics is full of lies, and picking out one particular type as if it is something special is counter-productive.

  • Because they can be used to frame you for something you didn't do.
    I don't care so much about politicians as I worry about myself and my loved ones. And I don't have the deep pockets and power attorneys that politicians have to defend themselves.

  • In other words, it is valuable not in itself, but for what it accomplishes: open public discourse.

    A deepfake that is presented as authentic undermines public discourse. It allows your enemies to literally put words in your mouth. This in effect robs you of your right to participate in the public debate by forcing you to deal with the consequences of words and actions you never spoke or did.

    Personally, if it were up to me, I wouldn't ban deepfakes, I'd require labeling, the removal or omission of which su

  • The report notes that Newsom also signed a law that would ban pornographic deepfakes made without consent.

    Prediction: Within 3 years celebrities start licensing their likeness to porn producers openly. Within 5 years celebrities start promoting their own porn brands.

  • Hey, California: you forgot to ban LIES!!

    Come on, do it BAN all LIES! It's easy to do. PLEASE PLEASE PLEASE do it!

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