Summary
September 4, 2024
The Honorable Gavin Newsom
Governor of California
1021 O Street, Suite 9000
Sacramento, CA 95814
Re: Support for AB 1831 (Berman): Inclusion of Artificial Intelligence (AI) generated images under child pornography crimes – Request for Signature
Dear Governor Newsom,
On behalf of the Marin County Board of Supervisors, I respectfully urge your signature on AB 1831 (Berman), which would address the urgent issue that increasingly distributed AI-generated deepfakes pose to law enforcement agencies in their fight against cyberbullying and child pornography production. AB 1831 would clarify the “legal gray area” that AI-generated images are currently facing in state law by expanding the scope of child sexual assault material (CSAM) under the state penal code to include material that is digitally altered or AI-generated, and making needed updates to definitions in the penal code to reflect modern technological capabilities.
Broadly speaking, under the bill, AI-generated images that depict the sexual exploitation of children would be treated as seriously as traditional CSAM. Adults convicted of the distribution of AI-generated CSAM materials would face varying consequences depending on the severity and nature of the crime, but could face fines and/or incarceration.
Incidents involving deepfakes – convincing fake images or videos generated by AI – have targeted both school-aged youth and high-profile figures like Taylor Swift and Congresswoman Alexandria Ocasio-Cortez. Even more concerning, there has been a considerable uptick in the distribution of deepfakes in schools, which use the faces of real minors. Due to the lack of any current statute defining AI-generated content as illegal, perpetrators have not faced legal consequences for creating and sharing content, and victims have not been brought just resolution.
Therefore, with the unanimous passage of AB 1831 in both the California Assembly and Senate, and with strong support from the Marin County Board of Supervisors, I respectfully ask for your signature on AB 1831 to protect children in the digital age.
Sincerely,
Dennis Rodoni
President, Marin County Board of Supervisors
CC: Marin County Board of Supervisors
Senator Mike McGuire
Assemblymember Damon Connolly
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