Why Congress Should Reject the NO FAKES Act

• The NO FAKES Act, currently before the Senate Judiciary Committee, is criticized for creating broad property rights in likeness rather than addressing AI privacy harms.
• EFF argues the legislation threatens free speech by enabling new forms of internet censorship and failing to protect artists from exploitation.

Concerns with the Bill

• Free Speech Risk: The broad definition of personal likeness could inadvertently sweep up protected expression such as parody, news, and criticism.
• Exploitation of Artists: By establishing a property right rather than a privacy right, the bill allows studios and record labels to force artists to sign away rights in contracts, leading to potential exploitation.
• Increased Censorship: The legislation effectively functions as an expansion of existing copyright takedown regimes, forcing platforms to implement automated filters to detect digital replicas.
• Inadequate Redress: Critics note that recent provisions for handling bad-faith takedowns lack the necessary power to effectively deter malicious actors.

Core Arguments

• Proponents of the EFF stance argue that policy should focus on direct privacy concerns rather than creating property regimes that constrain technology and innovation.
• The organization urges Congress to reject the act, citing its negative impact on tools and legitimate speech.