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While Congress stalls, state legislatures have quietly become the front line in the fight against deepfakes. This episode features Ilana Beller, who leads Public Citizen’s state legislative work on AI and has helped move model legislation through more than 40 states, focused on the two areas moving fastest: non-consensual intimate deepfakes and election deepfakes.
We discuss:
* What the Take It Down Act accomplished and left on the table, including the missing private right of action
* How intimate deepfake laws work, and why circulation is easier to prosecute than creation
* What separates a strong law from a weak one: enforcement and a high bar for consent
* App-level bans on nudification tools and barring platforms from advertising them
* How election deepfake laws use labeling and pre-election windows while carving out satire and parody
* Why these bills draw rare bipartisan support, and the federal moratorium threatening to preempt them
By Ashmita RajmohanWhile Congress stalls, state legislatures have quietly become the front line in the fight against deepfakes. This episode features Ilana Beller, who leads Public Citizen’s state legislative work on AI and has helped move model legislation through more than 40 states, focused on the two areas moving fastest: non-consensual intimate deepfakes and election deepfakes.
We discuss:
* What the Take It Down Act accomplished and left on the table, including the missing private right of action
* How intimate deepfake laws work, and why circulation is easier to prosecute than creation
* What separates a strong law from a weak one: enforcement and a high bar for consent
* App-level bans on nudification tools and barring platforms from advertising them
* How election deepfake laws use labeling and pre-election windows while carving out satire and parody
* Why these bills draw rare bipartisan support, and the federal moratorium threatening to preempt them