The Hawaii State Legislature is making an effort to regulate the use of "deep fake" technology – the digital alteration of video to make it appear a person is someone else – with legislation that is being presented as protecting privacy.
The content of Senate Bill 1009, one of the pieces of legislation being presented on the subject, is based on the recommendations created by a privacy law task force the legislature established in 2019, according to coverage by the Tribune-Herald.
A part of what has fed the growing concern is advancements in technology that make it easier to create fake footage that makes it appear a person said or did things they did not, according to the Tribune-Herald. Additionally, as technology improves, deep fakes are increasingly difficult to detect as not being authentic.
The task force had recommended that the Legislature create laws that would criminalize the creation and dissemination of such materials without the authorization of the individual portrayed, according to the Tribune-Herald.
Along with SB 1009, introduced by state Sen. Lorraine Inouye (D-Big Island), state Sen. Karl Rhoads (D-Oahu) introduced SB 209 and House Speaker Scott Saiki (D-Oahu) introduced HB 346 to address many of the same concerns, according to the Tribune-Herald. The bills expand the definition of first-degree violation of privacy, a Class C felony, to include video and images created to depict individuals as falsely engaged in sexual activity or in the nude.
SB 1009 also seeks to prohibit selling geolocation information and internet browser information without consent of the pertinent individual, according to the Tribune-Herald. In addition, it would place additional restraints on law enforcement by requiring a warrant for non consensual access to electronic communications.
“Personal privacy of our citizens in Hawaii should be safeguarded against invasive practices, at both private and government levels,” Inouye said, according to the Tribune-Herald. “The public must be rest assured they can use certain tools in confidence without worrying about being tracked or traced or targeted without their explicit permission.”