AI Frontier Institute

Prohibiting nudification applications from being offered on online application marketplaces; and prescribing penalties.

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Pennsylvania Senate Bill 1368, the "Stopping Harmful Image Exploitation and Likeness Deception Act," has passed the Senate (49-0) and is now in the House Communications & Technology Committee. It has not been enacted. If enacted, it would bar anyone from knowingly developing or operating a "nudification application" in Pennsylvania (Section 3(1)). A nudification application is an AI-based application that alters or generates an image or video of an identifiable person to realistically show them nude, with clothing removed, or in sexual acts (Section 2). Operators of online application marketplaces, including mobile app stores, could not knowingly offer or distribute such apps to users in Pennsylvania (Section 3(2)). Marketplaces would have to remove or disable access within five days of receiving notice (Section 4(a)). They would also have to provide an online portal for submitting notices (Section 4(c)). A notice should include, to the extent reasonably available, the app name, its listing location, an explanation of why it is a nudification app, and the submitter's contact information (Section 4(b)). A marketplace that removes the app within five days of notice is not in violation (Section 4(a)(2)). Exceptions cover general-purpose editing or AI tools not primarily designed, marketed or used for nudification, tools used solely for bona fide medical, scientific, educational, cybersecurity, law enforcement, legal, journalistic or public-interest research purposes and not made generally available for nudification, and services that detect, block, report or remove AI-generated intimate images or nudification apps (Section 5). The Attorney General or the appropriate district attorney would enforce the act (Section 6). Violators face a civil penalty of up to $100,000 per unlawful download, in addition to other legal remedies (Section 7). The act would take effect 90 days after enactment (Section 8).

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