YouTube Backs 'No Fakes Act' to Combat Unauthorized AI Replicas

Senators Chris Coons (D-DE) and Marsha Blackburn (R-TN) are once again pushing forward their Nurture Originals, Foster Art, and Keep Entertainment Safe, or NO FAKES, Act. This legislation aims to set clear rules about creating AI-generated copies of someone's face, name, or voice. After being introduced in both 2023 and 2024, the bill now enjoys the support of a heavyweight in the online world: YouTube.

In their statement backing the act, YouTube emphasized its focus on finding a balance between protection and innovation. They stated that the bill empowers individuals by allowing them to alert platforms about AI-generated likenesses they feel should be taken down. This support aligns YouTube with other endorsers like SAG-AFTRA and the Recording Industry Association, though it faces opposition from civil liberties organizations such as the Electronic Frontier Foundation (EFF), who argue that earlier versions of the bill were too broad in scope.

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The 2024 iteration of the bill includes provisions that protect online services like YouTube from liability for hosting unauthorized digital replicas if they remove the content upon receiving claims of unauthorized use and notify the uploader of the removal. An additional exception is made for services designed or marketed specifically for creating deepfakes.

During the bill's announcement press conference, Senator Coons highlighted that the updated "2.0" version addresses concerns about free speech and limits on liability.

YouTube has also thrown its weight behind the Take It Down Act, which criminalizes the sharing of non-consensual intimate images, including AI-generated deepfakes. The act also requires social media platforms to have efficient processes for removing such content when reported. Despite opposition from civil liberties groups and some advocates against non-consensual intimate imagery (NCII), the Senate has passed this act, and it has moved forward from a House committee this week.

Simultaneously, YouTube is expanding its pilot program for "likeness management technology," which it initially launched last year in collaboration with CAA. This technology allows celebrities and creators to identify AI-generated copies of themselves and request their removal. Notable participants in this expanded pilot include top creators like MrBeast, Mark Rober, and Marques Brownlee, among others.