Deceptive AI-generated replicas can cause real harms, such as leading the public to think an individual has endorsed a product or engaged in unsavory conduct. In many cases, however, the use of a replica—in news articles, commentary, art, and so on—is First Amendment protected speech. Existing law addresses many harms caused by deceptive images, balancing competing interests as needed. But Congress may consider targeted, proportionate fixes to fill in any gaps.

The NO FAKES Act, however, is neither targeted nor proportionate.

NO FAKES Act creates an expansive new federal intellectual property right that allows companies or individuals (or their heirs) to sue anyone who makes or shares an image they don’t like, or builds products and services that help others do so.

NO FAKES is an overbroad bill that is ripe for abuse.