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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
VETOED
AMENDED
deep fake recordings or
images
(NOW: deepfake recordings or images)
Purpose
Deems intentionally disseminating a nonconsensual deepfake recording or image to be unlawful and classifies the offense as a class 6 or class 4 felony, as prescribed, and excludes specified content.
Background
A person is guilty of a class 6 felony who knowingly places explicit sexual material on public display or fails to take prompt action to remove such a display from property in the person's possession or under the person's control after learning of its existence. A person is guilty of a class 5 felony who, with knowledge of the character of the item involved, knowingly produces, publishes, sells, possesses or presents obscene items for the purposes of sale or commercial distribution (A.R.S. §§ 13-3502 and 13-3507). Class 6 and class 4 felonies carry presumptive prison sentences of 1 year and 2.5 years, respectively (A.R.S. § 13-702).
An interactive computer service is any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions (47 U.S.C. § 230).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Deems, as unlawful, intentionally disseminating a deepfake recording or image if:
a) the person that intentionally creates and disseminates the recording or image knows, or reasonably should know, that the depicted individual does not consent to the dissemination;
b) the recording or image realistically depicts:
i. the intimate parts of another individual that are presented as the intimate parts of the depicted individual;
ii. intimate parts that are generated by synthetic media and presented as the intimate parts of the depicted individual; or
iii. the depicted individual engaging in a sexual act; and
c) the depicted individual is identifiable by the individual, from the recording or image itself or personal information that is displayed in connection with the recording or image.
2. Classifies, as a class 6 felony, the unlawful dissemination of deepfake recordings or images.
3. Classifies, as a class 4 felony, the unlawful dissemination of deepfake recordings or images, if the depicted individual suffers financial loss due to the intentional dissemination or the person:
a) disseminates the recording or image with intent to profit or harass the depicted individual;
b) maintains an internet website, online service or application or mobile application to disseminate the recording or image;
c) posts the recording or image on an internet website;
d) obtains the recording or image by committing theft, criminal trespass, computer tampering or unauthorized computer access; or
e) has previously been convicted of unlawfully disseminating deepfake recordings or images.
4. Exempts an interactive computer service from being liable for an unlawful deepfake dissemination for content that is:
a) created or developed by another person or entity, in whole or in part; and
b) provided through the internet or any other interactive computer service.
5. Defines a deepfake recording or image as any video or sound recording, motion picture film, electronic image or photograph or any technological representation of speech or conduct substantially derivative thereof and that both:
a) appears to authentically depict any speech or conduct of an individual who did not in fact engage in such speech or conduct; and
b) the production of which was substantially dependent on technical means rather than the ability of another individual to impersonate the individual physically or verbally.
6. Defines synthetic media as an image, audio recording or video recording of an individual's appearance, speech or conduct that has been created or intentionally manipulated with the use of digital technology in a manner to create a realistic but false image, audio or video.
7. Defines dissemination as distribution to one or more persons, other than the depicted individual, or publication by any publicly available medium.
8. Defines a depicted individual as an individual in a deepfake recording or image who appears to be engaging in speech or conduct that in which the individual did not engage.
9. Defines a sexual act as either:
a) sexual contact which is the intentional touching of intimate parts or intentional touching with seminal fluid or sperm onto another individual's body; or
b) sexual penetration which is sexual intercourse, cunnilingus, fellatio or anal intercourse or any intrusion, however slight, into the genital or anal opening of an individual by another's body part or an object used by another for this purpose.
10. Defines intimate parts as the genitals, pubic area or anus of an individual, or if the individual is female, a partially or fully exposed nipple.
11. Defines personal information as any identifier that permits communication or in-person contact with a person, including a person's:
a) first and last names, first initial and last name, first name and last initial or nickname;
b) home, school or work address or geological data; and
c) telephone number, email address or social media account information.
12. Defines social media as any electronic medium, including an interactive computer service or telephone or data network that allows users to create, share and view user-generated content.
13. Defines harass as an act that would cause a substantial adverse effect on the safety, security or privacy of a reasonable person.
14. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Modifies the unlawful dissemination of a deepfake recording or image as follows:
a) adds that the person must intentionally create the recording or image and know, or should know, that the depicted individual does not consent to the dissemination;
b) the recording or image realistically depicts intimate parts that are presented as the depicted individual's intimate parts and are generated by synthetic media, rather than artificially generated; and
c) removes requiring the depicted individual to be identifiable by another person.
2. Adds an exemption from liability for specified content.
3. Makes conforming changes.
Amendments Adopted by the House of Representatives
2. Defines synthetic media.
3. Makes technical changes.
Governor's Veto Message
The Governor
indicates in her veto message
that S.B. 1336 significantly overlaps with
S.B. 1078 and is duplicative.
Senate Action House Action
TTMC 2/12/24 DP 5-2-0 JUD 3/20/24 DPA 6-3-0-0
3rd Read 3/11/24 21-7-2 3rd Read 5/15/24 40-17-3
Final Read 5/22/24 17-9-4
Vetoed by the Governor 5/29/24
Prepared by Senate Research
May 31, 2024
KJA/slp