ACTION ALERT

Tell Congress to Just Say No to NO FAKES

Another Censorship Tool, Ignoring Real Privacy Harms from AI Replicas

Hi Digital Rights Supporter,

This week, the Senate is taking a major step towards passing the Nurture Originals, Foster Art, and Keep Entertainment Safe Act (NO FAKES). Instead of targeting the real privacy harms posed by AI-generated replicas, this law would create another layer of internet censorship on top of the already existing legal and voluntary takedown systems. Congress should reject NO FAKES.

NO FAKES also makes it trivially easy for protected speech to be censored. It is a supercharged version of the already flawed copyright takedown regime. It lacks meaningful redress for takedowns issued against lawful expression, and doesn’t even rely on something being a copy of a specific work like in cases of copyright. It would require websites to have filters searching for anything that might look like someone that might be AI-generated. That invites over-blocking of content by risk-averse platforms. Even though the latest version of this bill adds some forms of redress for bad faith takedowns, those provisions lack the teeth required to deter a malicious actor.

The right way to protect abuse of AI-generated replicas is with a focus on privacy harms, not a new, easily bargained away, property right. Tell Congress to say no to NO FAKES.

Yours,
Katharine Trendacosta

EFF Activism Team