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Federal prosecutors have indicted two people who used artificial intelligence to make nude movies and images of female celebrities under new legislation that seeks to curb the spread of deepfake pornography.
The individuals — who don’t seem to be affiliated with each other — are among the first defendants to face charges under the Take It Down Act, a bill enacted last year by President Donald Trump that imposes tougher penalties for publishing AI-generated deepfakes and “revenge porn.”
The bill had support from both parties and the backing of First Lady Melania Trump.
In a statement, Joseph Nocella, the U.S. attorney in Brooklyn, said the men had ”used cutting-edge digital technology to create images that degraded and violated” dozens of women.
“This case makes clear that posting deepfake pornography is not a victimless crime,” he added.
Prosecutors said Hernandez, of Texas, posted the deepfakes of both celebrities and private ladies, including recent high school grads.
In Ohio last month, a man became the first person convicted under the Take It Down Act when he pleaded guilty to utilizing AI to manufacture child sexual assault material.
In a separate lawsuit filed earlier this year, three teens in Tennessee sued Elon Musk’s xAI, alleging the company’s Grok tools turned their genuine photos into sexually explicit images.
High school students seek class-action status to represent what the lawsuit says are thousands of others who were similarly affected as minors.
Texas GOP Sen. Ted Cruz and Minnesota Democratic Sen. Amy Klobuchar co-sponsored the legislation, and First Lady Melania Trump later supported it.
Meta, which owns and operates Facebook and Instagram, supports the legislation.
“We must provide victims of online abuse with the legal protections they need when intimate images are shared without their consent, especially now that deepfakes are creating horrifying new opportunities for abuse,” Klobuchar said in a statement.
Klobuchar called the law’s passage a “major victory for victims of online abuse” and said it gives people “legal protections and tools for when their intimate images, including deepfakes, are shared without their consent, and enables law enforcement to hold perpetrators accountable.”
“This is also a landmark move towards establishing common-sense rules of the road around social media and AI,” she added.
Cruz said, “Predators who weaponize new technology to post this exploitative filth will now rightfully face criminal consequences, and Big Tech will no longer be allowed to turn a blind eye to the spread of this vile material.”
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