Critics are expressing concern that the revised NO FAKES Act has transformed from a targeted initiative to protect against AI-generated deepfakes into a broad tool for censorship. Originally intended to prevent unauthorized digital replicas of individuals, this legislation, known as the Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act, has escalated into a measure that could significantly change the dynamics of the internet.
The expansion of the bill has alarmed members of the tech community. Initially, the concept aimed to safeguard celebrities from harmful fake videos; however, it now risks establishing a comprehensive censorship framework.
Digital rights advocates, such as the Electronic Frontier Foundation (EFF), criticize the approach as an overreach, calling it a “federalized image-licensing system” that introduces new censorship mechanisms encompassing not just images, but also the tools and services required to create them. A striking aspect of the NO FAKES Act is its mandate that internet platforms implement systems to not only remove flagged content but also to prevent the re-uploading of similar materials.
This requirement would compel sites to use notoriously unreliable content filters. For the AI sector, this legislation could threaten development tools by potentially stifling entire platforms used for creating unauthorized images.
Although the bill includes some limitations, such distinctions are ambiguous and subject to interpretation. Moreover, a troubling provision within the bill allows for the identification of anonymous users based solely on allegations.
This could expose critics and whistleblowers to harassment, undermining legitimate discourse. Given that Congress recently passed the Take It Down Act, which already addresses intimate content, the push for broader regulations appears misguided.
As the NO FAKES Act progresses through the legislative process, its implications for internet freedom, technological innovation, and the balance of emerging challenges warrant careful attention.