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Explicit deepfakes are now a federal crime. Enforcing that may be a major problem.


A law that's both narrow and broad may prove too difficult to follow.

But other digital rights groups say the legislation may stir false hope for swift legal resolutions among victims, with unclear vetting procedures and an overly broad list of applicable content. "But given the lack of any safeguards against false reports, the arbitrarily selective definition of covered platforms, and the broad enforcement discretion given to the FTC with no avenue for individual redress and vindication, this is an unrealistic promise." For example, publishers may find it difficult to corroborate that the individuals filing claims are actually depicted in the NDII within the 48 hour period, unless they beef up their own oversight investments — most social media platforms have scaled back their moderation processes in recent years.

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