CDT Endorses and Calls on Congress to Pass the DEFIANCE Act
Yesterday, the Center for Democracy & Technology endorsed the Disrupt Explicit Forged Images and Non-Consensual Edits, or DEFIANCE, Act. The bipartisan, bicameral legislation clarifies the existing Violence Against Women Act federal civil cause of action for the nonconsensual sharing of intimate images to include victims of AI-generated images.
The nonconsensual production and disclosure of intimate images, including those produced through AI technology, is a profoundly harmful act that is weaponized disproportionately against women and members of the LGBTQ+ community. The proliferation of advanced, easy to use AI technology has made AI-facilitated NCII far easier to produce and disseminate. NCII can cause acute and potentially irreversible emotional, financial, reputational, and interpersonal harm. Often created and shared with the intention of humiliating and marginalizing its victims, NCII can have a chilling effect on the speech of those depicted, silencing their voices and reducing the prominence of their perspective within the marketplace of ideas.
Carefully drafted to survive legal scrutiny, the DEFIANCE Act focuses squarely on the unique harms posed by AI-generated NCII while minimally impacting valuable speech. The DEFIANCE Act would provide meaningful clarification and enhancements to existing law for those harmed by NCII, however it’s created, while including important and necessary protections for free expression. CDT urges Congress to pass the DEFIANCE Act immediately.
