Comment by Electronic Frontier Foundation

For example, the bill includes a safe harbor scheme modeled on the DMCA notice and takedown process. But the DMCA process has been abused for decades to target lawful speech, and there’s every reason to suppose NO FAKES will lead to the same result. In order to stay within safe harbors, when a platform receives a takedown notice for an alleged digital replica, it must remove “all instances” of that unlawful content. That requirement will inevitably lead to content “filters” that will censor lawful speech. [...] NO FAKES is also a major government overreach. A person’s name and likeness are facts, and the Constitution forbids Congress from granting a property right in those facts. Deceptive, AI-generated replicas can cause real harm, and performers have a right to fair compensation for the use of their likenesses, should they choose to allow that use. But the costs of this bill far outweigh the benefits. [...] The Senate should throw it out and start over.