Minnesota Considers Groundbreaking Bill to Combat Deepfake Pornography

Minnesota Considers New Strategy to Crack Down on Deepfake Pornography

Molly Kelly was shocked to discover someone had used readily available "nudification" technology to create explicit images and videos of her using family photos from social media.

Backed by her testimony, Minnesota is considering a new strategy to crack down on deepfake pornography. A bipartisan bill would target companies that run "nudification" websites and apps, requiring them to block access for Minnesota users or face hefty fines.

The bill aims to prevent the harmful material from ever being created, before it spreads online. However, AI law experts caution that the proposal might be unconstitutional on free speech grounds.

The lead author, Sen. Erin Maye Quade, argues that additional restrictions are necessary due to the rapid advancement of AI technology. Her bill would require operators to turn off access for Minnesota users or face civil penalties up to $500,000 per violation.

"It's not just the dissemination that's harmful," she said. "It's the fact that these images exist at all."

Kelly, who is a massage therapist, feels especially humiliated by the experience. "It is far too easy for someone to create convincing, synthetic, intimate imagery of you," she said.

However, AI law experts Wayne Unger and Riana Pfefferkorn believe the bill is too broadly constructed and might not survive a court challenge. They suggest limiting the scope to images of real children, which are generally not protected by the First Amendment.

Maye Quade remains confident in the bill's constitutionality, arguing that it regulates conduct, not speech. "This cannot continue," she said. "These tech companies cannot keep unleashing this technology into the world with no consequences.