“It’s time to give victims their day in court and the tools they need to fight back,” says Sen. Dick Durbin as the DEFIANCE Act heads to the House.
THE SENATE UNANIMOUSLY passed a bipartisan bill to provide recourse to victims of porn deepfakes — or sexually-explicit, non-consensual images created with artificial intelligence.
The legislation, called the Disrupt Explicit Forged Images and Non-Consensual Edits (DEFIANCE) Act — passed in Congress’ upper chamber on Tuesday. The legislation has been led by Sens. Dick Durbin (D-Ill.) and Lindsey Graham (R-S.C.), as well as Rep. Alexandria Ocasio-Cortez (D-N.Y.) in the House.
The legislation would amend the Violence Against Women Act (VAWA) to allow people to sue those who produce, distribute, or receive the deepfake pornography, if they “knew or recklessly disregarded” the fact that the victim did not consent to those images.
Things have already been moving towards nobody models. I think this will eventually have the consequence of nobodies becoming the new somebodies as this will result in a lot of very well developed nobodies and move the community into furthering their development instead of the deepfake stuff. You'll eventually be watching Hollywood quality feature films full of nobodies. There is some malicious potential with deep fakes, but the vast majority are simply people learning the tools. This will alter that learning target and the memes.
That's where the money is, so yes that's where the majority of work is. But I do think one of the drivers of this is to help protect more local instances; to create consequences for things like fake revenge porn or distributing deepfakes of classmates/teachers in your school, etc.
This might make the path to generating slightly harder, but it won't do anything to stop an intelligent person. I haven't seen a ton of info from people talking about this stuff, but exploring on my own, especially with Stable Diffusion 3, diffusion models are very different than LLM's. The filtering for safety type alignment is happening external to the model using CLIP, and in the case of SD3, 2× CLIP models and a T5xxl LLM model. The alignment filters are done with these and some trickery. Screwing with these can enable all kinds of capabilities. It is just hard to understand the effect of some tricks, like SD3 swaps an entire layer in the T5 manually. When these mechanisms are defeated, models can generate freely, which essentially means everything is a deepfake. This is open source. So it can never be extinguished. There was a concerted effort to remove the rogue 4chanGPT. It does not have the ChatGPT derived alignment like all other models. The 4chanGPT is still readily available if you know where to look.
This bill just raises the barrier of entry and makes such content less familiar and more powerful in the end. In reality, we would be socially stigmatizing while accepting the new reality IMO. This is like an weapons arms race. You may not like that the enemy created cannons, but banning the casting of cannons within your realm will do nothing to help you in the end. Everyone in the realm may understandably hate cannons, but you really need everyone familiar with casting, making the and everyone in your realm to learn how to deal with them and what to expect. The last thing you need is a lot of ignorant people on a battlefield bunching up together because they do not understand their opponents.
These tools are also weapons. Everyone needs to understand what is truly possible, regardless of how unpleasant that may seem. They can not have a healthy skepticism without familiarity. If they do not have familiarity, they will bunch up on a battlefield facing cannons loaded with grapeshot.
So I haven't dug deeply into the actual legislation, so someone correct me if I'm misinformed... but my understanding is that this isn't necessarily trying to raise the bar for using the technology as much as much as trying to make clearer legal guidelines for victims to have legal recourse. If we were to relate it to other weapons, it's like creating the law "it's illegal to shoot someone with a gun".
I have not dug deeply either, but have noticed that Civitai has shifted their wording and hosting in ways that indicated a change was coming. In practice, the changes will come from the model hosting sites for open source tools limiting their liability and not hosting content related to real humans.
My main concern is the stupid public reacting to some right wing fake and lacking appropriate skepticism. Like expecting detection tools to be magical and understanding the full spectrum of possibilities.
Of course, eventually somebody will look exactly like the nobody, so the owners of the nobody will sue that somebody to block them from pretending to be that nobody in videos.
I see it eventually happening in porn, but it isn't happening in major motion pictures any time too soon. People won't follow and actively go see a cgi actor in a movie like they would a real one. Hollywood pays big money for A list stars because those people get asses in seats. That, along with tech not being there quite yet, and Hollywood locked under sag contract to only do certain things with AI all adds up to nobody's being a ways off.
I also remember years ago reading scare headlines about how the CG in Final Fantasy: The Spirits Within was so realistic that it would be the end of Hollywood actors, they would all be CG.
So I'll take that claim with a huge grain of salt.
To be fair, The Spirits Within was pretty amazing especially considering when it was made. I briefly had the same thought while I was still in awe of the realism, so I can definitely understand why people would believe those headlines.
I can imagine a scenario where a real voice actor is paired with a particular model and used in multiple films/roles. That's not that dissimilar to Mickey Mouse or any other famous animated character.
The idea that AICG actors will completely replace live actors is clearly ridiculous, but the future definitely has room for fully visually- and vocally-AICG personalities as film "stars" alongside real people.
What I am saying is that I think we are a much longer way away from believable photrealistic CG actors than you think. As far as I know, microexpressions have not even been considered, let alone figured out. Microexpressions are really important.