AGs to payment companies: help us stop 'deepfakes'

A bipartisan coalition of 47 state attorneys general called on payment platforms to do more to stop the spread of computer-generated deepfakes. Deepfakes are realistic-looking but fabricated video images or audio files created using artificial intelligence to depict someone doing or saying something they never did.

The deepfakes that have raised the ire of the AGs are what they describe as nonconsensual intimate imagery (NCII), sometimes referred to as "revenge porn." NCII is pervasive online and easily accessible, causing harm to the individuals depicted and to young people exposed to the content, the office of the Pennsylvania attorney general explained in a press release.

A sweeping call to action

Letters were sent to the legal counsels of Visa, Mastercard, American Express, PayPal, Google Pay and Apple Pay.

"[W]e respectfully request : 1) a description of how your companies currently work to identify and remove payment authorization for deepfake NCII tools and content, if at all; and 2) your commitment to take further action to avoid being complicit in the creation and spread of deepfake NCII," the attorneys general wrote.

The letters also urge payment platform companies to deny sellers the ability to use their services when they learn of connections to deepfake NCII creation tools and content, and remove those sellers from their networks. 

In addition to calling out payment companies, the AGs sent letters to major search engine companies, outlining failures of those companies to limit the creation and accessibility of image-based sexual abuse material. The letters demands stronger safeguards from the search engine companies, such as warnings and redirects, to better protect the public, especially impressionable youth.

"The rise of artificial intelligence has unfortunately enabled the widespread dissemination of deepfakes and other illicit digital content that has a direct impact on the mental health and wellbeing of Pennsylvanians, especially young people," Dave Sunday, Pennsylvania's AG said in a statement. Sunday has been co-leading the charge to stop the spread of deepfakes.

No tolerance for causing harm, particularly to women and girls

In letters sent to payment companies, the AGs noted that payment platforms have "demonstrated in the past that they have terms of service and acceptable use policies that prohibit their payment services from being used in connection with harmful content.

"We ask that payment platforms direct their attention to the threat of deepfake NCII and work to ensure they enforce their policies and avoid playing any role in allowing people to profit from deepfake NCII," they wrote.

A Mastercard spokesman said the company is on the same page as the AGs. "We have zero tolerance for unlawful activity on our network," he said in an email. "When we see or are made aware of specific instances of such activity, we investigate the allegations and take action to ensure compliance with both local laws and our rules and standards." he said.

The spread of computer-generated NCII poses significant harm to the public, particularly women and girls who are most often targeted and victimized by it. It has increasingly been used to embarrass, intimidate and exploit people around the world, including notable cases involving celebrities like Taylor Swift, as well as school-aged young people in the United States and worldwide, Sunday's office pointed out. 

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