New Mexico AG and Lawmaker Propose Legislation Regulating AI Creation and Use
New Mexico’s top prosecutor, Attorney General Raúl Torrez, has joined forces with a state legislator to propose new legislation aimed at addressing the misuse of artificial intelligence (AI) technologies, particularly in relation to deepfakes and their potential to cause harassment and exploitation.
The Wake-Up Call
During a recent news conference, Torrez highlighted a disturbing case that underscored the urgency of the issue: the arrest of Richard Gallagher, an Albuquerque resident accused of using AI to create child pornography by manipulating innocent photographs into sexually explicit images. This incident marks the first such case in New Mexico and serves as a “wake-up call” regarding the necessity for accountability and governance in AI technology.
“Because of that rising threat to members of our community and to our society, I think it’s important for New Mexico to take a leading role in trying to develop a framework that sets clear guidelines and boundaries for the ethical development of this technology,” Torrez stated.
Legislative Framework
Rep. Linda Serrato (D-Santa Fe) is set to sponsor the bill in the upcoming legislative session, which begins on January 20. Serrato expressed her belief in the beneficial uses of AI while emphasizing the need to “root out bad actors” and hold them accountable.
“We are promoting responsible AI, transparency, and responsibility — that is core to what that is,” she explained. “And if you fail to do that, there are real penalties that take place.”
Key Provisions of the Bill
Though the bill has not yet been filed, a fact sheet from the New Mexico Department of Justice outlines its primary goals:
- Address the rapid growth of malicious deepfakes by requiring clear labeling.
- Specify remedies for victims of deepfake harassment, defamation, exploitation, or any form of misuse.
- Create state-level accountability for large AI providers.
The proposed legislation would impose civil penalties of up to $15,000 against tech companies that fail to comply with these regulations. Furthermore, individuals harmed by deepfake images would have the right to sue creators or those who knowingly and recklessly disseminate such AI-generated content, seeking actual damages or up to $1,000 per view, whichever is greater.
“That’s a steep and heavy price to pay,” Torrez commented, “but I think it is in line with the type of harm and a necessary deterrent for making sure that this activity is not in any way allowed.”
Enhancing Criminal Sentences
The bill would also allow prosecutors to enhance sentences by an additional year for crimes committed using synthetic images, audio, and video. Examples of such felonies include fraud, elevated stalking, and extortion. The definition of synthetic content includes any depiction that realistically represents someone engaged in actions they never performed, without their consent, and is believable as authentic by a reasonable individual.
Prepared for Legal Challenges
Torrez indicated that the state is ready to defend against any potential litigation from the federal government aimed at banning states from enforcing their own AI regulations. “Most Americans, including a lot of people who voted for the president, are profoundly uncomfortable with a hands-off approach with this,” he noted, adding that this public sentiment could aid in passing the legislation and in any ensuing legal battles.
This proposed legislation aims to set a precedent for responsible AI use while safeguarding the rights of individuals against malicious content, reinforcing New Mexico’s commitment to ethical governance in technology.
