Leaders Propose Legislation to Regulate Harmful AI-Generated Images
The emerging threat posed by deepfake and pornographic images created with new artificial intelligence tools has prompted two state leaders to advocate for a comprehensive law aimed at protecting the residents of New Mexico. This proposal was outlined by New Mexico Attorney General Raúl Torrez and state Representative Linda Serrato, D-Santa Fe, during a news conference in Albuquerque.
Overview of the Proposed Legislation
The proposed bill, termed the Artificial Intelligence Accountability Act, aims to establish the state’s first legal framework for regulating AI-generated images. It seeks to enhance both civil and criminal penalties for those who violate these regulations. Key elements of the legislation include:
- Setting technical standards for AI developers.
- Authorizing the New Mexico Department of Justice to investigate compliance by large tech companies.
Digital Markers and Civil Actions
One significant aspect of the legislation is the requirement for AI companies to incorporate digital markers within their content. This addition will assist in identifying the creators of harmful deepfakes and grants individuals the ability to take civil action against violators.
Torrez emphasized the anonymity that this technology affords, enabling individuals to cause real harm without accountability. The bill would allow victims of malicious video or audio content to pursue civil litigation against the creators, establishing a private right of action for those harmed by unlawful production and dissemination of such materials. Victims could seek actual damages or a penalty of $1,000 per view of the harmful content.
Legislative Timeline and Context
The lawmakers plan to introduce the bill in the 2026 regular session of the Legislature, starting Tuesday. The necessity for this measure was highlighted by a recent case involving an Albuquerque man who allegedly used AI tools to create thousands of sexual exploitation images of children, drawn from social media platforms. This incident marks a significant concern regarding the misuse of AI technology.
Richard Gallagher, 68, was arraigned on 12 felony charges, including the manufacturing and distribution of visual mediums depicting the sexual exploitation of children. This case exemplifies the pressing need for a legal framework to address the ethical implications of AI in image generation.
Stricter Sentences for Offenders
The proposed legislation would also enhance prison sentences by one year for those convicted of using AI to create harmful deepfake images. This aims to serve as a deterrent against such activities.
Community Engagement and Future Directions
Serrato noted her leadership in an AI summit in December, which attracted 140 participants interested in utilizing AI technology for legitimate purposes. However, she recognized the urgent need to tackle the bad actors who misuse this technology, stressing the importance of developing a safe and ethical AI ecosystem in New Mexico.
The proposed legislation represents a significant step in addressing the challenges posed by harmful AI-generated content, aiming to protect individuals and establish clear boundaries for the ethical use of technology.
