MILWAUKEE (CN) - Wisconsin Governor Tony Evers on Friday signed into law a bill that makes it a felony to use artificial intelligence or other technology to create a convincing nude image of someone without their consent.
In Wisconsin, it was already a felony to create or distribute media of someone without their knowledge or consent when they are either completely or partially nude or urinating, defecating or engaging in sexual acts. Likewise, it was a misdemeanor to reproduce and distribute private, intimate representations of someone despite knowing that they did not want them shared.
Evers' signing of Wisconsin Act 34 closes a loophole around computer- or AI-generated content, adding "synthetic intimate representations" to the statute. The term is defined as sexually explicit generated content that uses an identifiable person's face or likeness and is so realistic that a reasonable person would believe it is real.
The act makes it a felony to generate a synthetic intimate representation of someone without their consent and a misdemeanor to duplicate or share intimate content that the depicted party intended to remain private.
The new rules come amid a wave of laws and policy recommendations aimed at regulating the increasing use of generative AI in political ads, insurance rate-setting, language translation and even legal briefs.
Kevin Scholz, a former police officer and member of Evers' Autism Council, was arrested last month after he used an AI app to digitally undress a photo of his ex-girlfriend. He then sent the image to her, authorities wrote in a criminal complaint filed in Milwaukee County.
Although Scholz cannot be retroactively charged with violations under Friday's deepfake act, Assistant District Attorney Erin Karshen brought charges under the intimate representations statute, intending to make the novel legal argument that generating a nonconsensual nude image is no different from capturing one with a camera.
The victim of the deepfake image briefly dated Scholz in 2022. After ending things, Scholz began calling her racial slurs and texting her nonstop throughout the day, Detective James Pittman wrote in an affidavit in support of the charges.
The photo used in the deepfake was a clothed photo of the victim at a Bucks game, which she had posted online. Scholz used the AI app to remove the clothing in the selfie, then add other elements to make it look like the photo had been posted to the dating app Tinder.
Karshen could not be reached by press time to comment on the charges in this case.
A study from the cybersecurity company Deeptrace found that about 96% of deepfake material is nonconsensual pornography targeting women.
"As the capabilities of AI become more and more advanced, bad actors are increasingly using artificially generated sexually explicit images to harass and intimidate innocent people online," said Republican Wisconsin state Senator Andre Jacque. "Act 34 will protect citizens against a new and disturbing form of cyberabuse and ensure that all Wisconsinites can feel comfortable sharing regular images of themselves online without fearing that those images will be manipulated into pornography."
Jacque co-authored the bipartisan bill, which passed both chambers of the Wisconsin Legislature last month. A spokesperson from his office said that news coverage of the Scholz case led the governor's office to request the bill.
Misinformation experts have been warning about the rapid and unregulated rise of generative AI in recent years as it becomes more and more common for internet users to ask: Is this real?
Even President Donald Trump has gotten in on the trend, frequently posting AI-generated images and videos to Truth Social depicting himself and other powerful figures in American politics. More recently, he has also used AI-generated content to mock Democrats.
One recent video depicts Trump sitting in the Oval Office across from House Minority Leader Hakeen Jeffries. He throws "Trump 2028" hat in Jeffries' direction and laughs. The post has no caption, nor any warning that the content is AI-generated.
Another shows Trump playing in a band with Russell Vought, director of the Office of Management and Budget. Vought is dressed as the grim reaper, likely a metaphor for Vought's role in funding freezes and layoffs of federal workers.
Act 34 goes into effect on Saturday. With it, Wisconsin will join at least 40 other states barring the misuse of AI, according to the National Conference of State Legislatures.
Source: Courthouse News Service
