Senate Judiciary Committee Unanimously Advances NO FAKES Act to Combat AI Deepfakes and Voice Cloning

The NO FAKES Act (Nurture Originals, Foster Art, and Keep Entertainment Safe), a federal bill targeting AI-powered voice cloning and deepfake technology, passed a significant milestone on June 18, 2024, when the Senate Judiciary Committee voted unanimously to advance the legislation to the full Senate.

This bill has attracted broad backing from major stakeholders across the entertainment and technology sectors, including the three largest music companies, the Recording Industry Association of America (RIAA), the Recording Academy, the National Music Publishers Association (NMPA), tech giants such as OpenAI, Google, and TikTok, streaming platforms like Spotify, the Motion Picture Association, and unions including SAG-AFTRA and AFL-CIO.

NO FAKES aims to address the rapid proliferation of AI-generated digital replicas of individuals’ voices and likenesses, which have surged due to advances in artificial intelligence. These replicas often appear in misleading videos and audio clips, leaving victims with limited legal remedies under current frameworks.

Historically, protections for a person’s likeness have been governed by a patchwork of state publicity rights laws, primarily focused on preventing unauthorized commercial use. Federal copyright and trademark laws protect creative works and brands but do not extend to an individual’s identity. In response, some celebrities, such as Taylor Swift and Lionel Richie, have sought to trademark their voices, though the effectiveness of such measures remains uncertain.

The NO FAKES Act would create a new federal property right over digital replicas of a person’s voice or likeness, allowing individuals to sue unauthorized users and the technology providers facilitating such content. This right would endure beyond death and be inheritable for decades, with licensing permitted but limited to ten-year terms.

The bill also introduces a safe harbor system for online platforms, shielding them from liability if they promptly remove infringing content. Unlike current copyright takedown procedures, NO FAKES would require platforms to prevent the rapid re-upload of the same unauthorized material, addressing a common criticism of existing rules.

Since its introduction in 2024, the bill has undergone three iterations to balance protection with free speech concerns. Explicit exemptions have been added for news reporting, biographical works, and criticism. Additionally, provisions now exist to restore content removed in bad faith and penalize improper takedowns.

Despite the broad coalition of supporters, opposition remains. Digital rights organizations such as Public Knowledge and the Electronic Frontier Foundation continue to express worries about potential abuses that could chill lawful expression. The Entertainment Software Association, representing the video game industry, recently urged the Senate Judiciary Committee to reject the bill in its current form, citing risks to legitimate digital replicas used in games and the possibility of frivolous lawsuits from individuals resembling game characters.

The committee vote marks a critical step, as most bills fail to advance beyond committee. However, further revisions are anticipated as NO FAKES moves toward a full Senate vote.

RIAA Chairman and CEO Mitch Glazier praised the committee’s action, stating, “An extraordinary cross-sector coalition… have come together to support these protections for Americans’ voice and likeness from exploitive digital deepfakes, and consumers agree: 92% worry about the impact of AI deepfakes on authenticity, society and culture. The NO FAKES Act answers the call.”

Similarly, the Human Artistry Campaign, an advocacy group promoting AI restrictions, emphasized the importance of human creativity and the right to control one’s voice and identity in the evolving AI landscape.

As AI technologies continue to advance, the NO FAKES Act represents a significant legislative effort to safeguard individuals’ digital identities while navigating complex free speech and technological challenges.