IL SB3248: PROTECTS VOICE & IMAGES Verified

The No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act of 2024, also known as the No AI FRAUD Act, establishes a legal framework to protect individuals' rights over their voice and likeness. It prohibits the unauthorized distribution of personalized cloning services and the publication of digital voice replicas or likenesses without consent. Individuals and entities that violate these provisions may face significant financial penalties, including damages of $50,000 per violation for unauthorized cloning services and $5,000 for unauthorized digital replicas. The bill emphasizes the importance of consent and provides a private cause of action for individuals affected by such violations. The rights over an individual's likeness and voice are transferable and descendible for ten years after death. The bill applies to any person or entity that engages in these prohibited activities, particularly those operating in interstate or foreign commerce. It includes specific definitions for key terms such as 'digital voice replica' and 'personalized cloning service,' ensuring clarity in its application. The act also outlines defenses, including First Amendment protections and a defense for negligible harm caused by unauthorized use, which will be evaluated against the public interest and intellectual property rights. In terms of compliance, businesses must take proactive measures to secure consent from individuals before using their voice or likeness in any AI-generated format. The act will take effect 180 days after becoming law, giving businesses a window to adjust their practices accordingly. Failure to comply could result in substantial financial liabilities, making it crucial for companies to review their use of AI technologies in this context.