Senators Chris Coons (D-DE) and Marsha Blackburn (R-TN) are reintroducing their Nurture Originals, Foster Art, and Keep Entertainment Safe, or NO FAKES, Act, which would standardize the rules for using artificial intelligence to create copies of human faces, names, and voices. This time, the bill, which was previously submitted for consideration in 2023 and 2024, received the support of a major web platform: YouTube.
In a statement of support, YouTube argues that the law “focuses on the best way to balance protection with innovation: putting the power directly in the hands of people to notify platforms of artificially generated similarities they believe should be removed.” He joins a list of supporters that already includes SAG-AFTRA and the Recording Industry Association, despite opposition from civil liberties groups such as the Electronic Frontier Foundation (EFF), which criticized previous bills as overly broad.
The 2024 version of the bill states that online services (such as YouTube) cannot be held liable for storing an “unauthorized digital copy” provided by a third party if they remove the material in response to claims of unauthorized use and notify the uploader that it has been removed. The other exception is if the service is “primarily designed” or marketed for its ability to create deep fakes.
During a press conference announcing the bill, Senator Coons said that part of the “2.0” update includes addressing free speech concerns and limiting liability.
YouTube has also expressed support for the Take It Down Act, which makes it a crime to publish intimate images without consent, even if they are fakes created by artificial intelligence, and obliges social networks to quickly remove such images when reported. The latter provision was strongly opposed by civil liberties groups and even some groups opposed to NCII; despite this, it was passed by the Senate and went to a House committee earlier this week.
Today, YouTube is also announcing an expansion of the “similarity management technology” pilot it debuted last year in partnership with the CAA. YouTube is positioning this program as a way for celebrities and creators to identify AI copies of themselves and request content removal. According to YouTube, those currently participating in the pilot project include MrBeast, Marc Robert, and Marques Brownlee, among others.
