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A.I.-generated ‘revenge porn’ could become illegal in Utah under new bill

The measure would update an existing Utah law that already prohibits “deepfake” pornography.

(Bethany Baker | The Salt Lake Tribune) Sen. Karen Kwan, D-West Valley City, speaks at the Utah Capitol in Salt Lake City on Thursday, Jan. 25, 2024. A new bill sponsored by Kwan would criminalize A.I.-generated pornography created without consent in Utah.

Using artificial intelligence to create sexually explicit images of people without their consent may soon be included in Utah’s definition of what’s considered “revenge porn,” according to a newly proposed bill.

Sen. Karen Kwan, D-West Valley City, sponsored SB66 to close an existing loophole in Utah law. Right now, the distribution of “deepfake” pornography is considered a criminal offense. “Deepfakes” are images created by people, using editing software like Adobe Photoshop, to transpose an individual’s face onto someone else’s body, without the subject’s consent.

“Deepfake” pornography was outlawed in Utah in 2021, when Kwan sponsored a separate bill. This year’s proposal would also outlaw pornographic images generated entirely by A.I., without the subject’s consent, rather than only photos altered by an individual.

Salt Lake County District Attorney Sim Gill helped Kwan draft the bill. He said he is not familiar with any existing cases in his office or in Utah involving people accused of using A.I. to create nonconsensual explicit images.

But Kwan said the goal is to get Utah ahead of a rapidly evolving environment.

“It sends the message that we are mindful of preventing these kinds of things,” Kwan said, noting that there were cases of “deepfake” pornography prior to the 2021 bill. “As technology progresses, we’ll just continue to be on on top of it to to keep our residents safe.”

Gill added that the heart of the bill is to minimize harm from “revenge porn”-like scenarios, where individuals disseminate intimate photos from an ex-partner without their consent.

“It’s about really protecting individuals from humiliation and who may otherwise be vulnerable,” Gill said.