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This bill adds the intentional creation or disclosure of deep fake images or videos, depicting a composite fictitious person with recognizable characteristics of a known person, to the offense of violation of privacy in the first degree, with intent to substantially harm the depicted person.
Hawaii's SB309 addresses privacy concerns related to deep fake technology by adding specific provisions to existing privacy laws. It targets the intentional creation and disclosure of deep fake images or videos that could substantially harm individuals. Businesses and individuals involved in digital media creation should be aware of the legal implications of using such technology.
Key Provisions
Adds deep fake creation and disclosure to violation of privacy in the first degree, with intent to substantially harm.
Defines conditions under which deep fakes are prohibited, including recognizable characteristics of a known person.
Establishes penalties for violations as a class C felony.
Includes exemptions for certain public and commercial scenarios.
Mandates destruction of recordings made in violation of this section.
Seals and keeps confidential any recordings not destroyed.
Latest Legislative Action
Act 059, 06/23/2021 (Gov. Msg. No. 1160).
Bill Sponsors
Name
Role
District
Karl RhoadsD
Sponsor
SD-013
Roll Call Votes (showing 3 of 5)
S ·
Senate Conference: Passed, With Amendments ·
Apr 22, 2021
3 Yea 0 NayPassed ✓
H ·
House Conference: Passed, With Amendments ·
Apr 22, 2021
3 Yea 0 NayPassed ✓
H ·
House Judiciary & Hawaiian Affairs: Passed, With Amendments ·
Mar 30, 2021
11 Yea 0 Nay 1 OtherPassed ✓
H ·
House Consumer Protection & Commerce: Passed, With Amendments ·
Mar 18, 2021
11 Yea 0 NayPassed ✓
S ·
Senate Judiciary: Passed, With Amendments ·
Feb 2, 2021
7 Yea 0 NayPassed ✓
Compliance Checklist
Ensure compliance with privacy laws regarding deep fakes. Who: Individuals and businesses creating or sharing digital media. Penalty: Class C felony charges for violations.
Full Legal Analysis
SB309 amends Hawaii's privacy laws to include the intentional creation, disclosure, or threat of disclosure of deep fake images or videos, depicting a composite fictitious person with recognizable characteristics of a known person, as a violation of privacy in the first degree, provided there is intent to substantially harm the depicted person. This means that individuals or entities that create or share deep fakes with such intent could face serious legal consequences. The bill outlines specific exemptions, such as images of individuals who were voluntarily nude in public. Non-compliance could result in felony charges, emphasizing the importance of understanding the legal landscape surrounding digital media. The bill reflects a growing trend in various states to regulate the use of emerging technologies that pose risks to personal privacy.
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