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Thursday, September 19, 2024

Congressman Issa introduces legislation to prevent misuse of AI-generated digital replicas

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Darrell Issa U.S. House of Representatives from California | Official U.S. House Headshot

Darrell Issa U.S. House of Representatives from California | Official U.S. House Headshot

WASHINGTON – Today, Congressman Darrell Issa (CA-48), Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet, introduced a discussion draft of the Preventing Abuse of Digital Replicas Act (PADRA). This legislation aims to protect individuals' voices, images, and likenesses from unauthorized commercial use.

“AI is here to stay – and with it all the benefits and risks that are coming into view. We developed this legislation to give individuals the best opportunity to protect their image and likeness and stop its use without their permission for commercial gain,” said Rep. Issa.

Issa's bill represents a step toward safeguarding personal identity in the age of AI by establishing federally recognized protections against misuse of digital replicas.

Specifically, PADRA will:

- Target the commercial misuse of digital replicas of individuals’ identifying characteristics, such as their likeness or voice.

- Protect the public from deceptive uses of digital replicas that could confuse consumers about an individual’s endorsement or affiliation with a product or service.

- Adapt existing trademark law under the Lanham Act to limit uncertainty about scope, process, and court interpretation.

- Establish a clear legal framework for victims to seek redress while incentivizing steps to prevent confusion.

- Clarify preemption and allow victims to obtain relief either under PADRA or state law.

- Include provisions ensuring that protections do not infringe upon free expression rights under the First Amendment.

“Every human soul holds something unique and fundamental: Its true likeness and expressed free will,” said Rep. Issa. “As AI advances in ways and momentum unimagined only a short while ago, the time has come to protect what belongs to each one of us and prepare for what we know is coming.”

The discussion draft of the bill can be found here.

A one-pager for the bill can be found here.

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