New PA Law Targets Digital Exploitation of Children

In PA, lawmakers have recently passed a law aimed at addressing the violations of deepfake child sexual abuse images. Act 125 seeks to curtail the production, distribution, and possession of these harmful images.  This marks a significant milestone in the fight against digital exploitation and abuse in PA.

What is Deepfake Technology?

Before delving into the specifics of the new law, it’s important to understand what deepfakes are. Deepfakes refer to synthetic media in which a person’s likeness, often a public figure or private individual, is manipulated or replaced by someone else’s face or body. Using sophisticated artificial intelligence (AI) and machine learning algorithms, deepfakes have become increasingly realistic, making it difficult to distinguish between real and fake images or videos.

While deepfake technology has gained attention for its potential in entertainment and media production, its darker uses have raised serious ethical and legal concerns, especially when it comes to child sexual abuse material (CSAM). Deepfake child sexual abuse images are digitally fabricated representations of children that appear to depict them in abusive, explicit, or pornographic scenarios. These images may not involve actual children but can cause significant harm by perpetuating harmful fantasies, encouraging predatory behavior, and, in some cases, leading to the creation of real abuse material.

Pennsylvania’s New Law: A Major Step Forward

Pennsylvania’s new law, signed into effect in 2024, targets the creation, possession, and distribution of deepfake child sexual abuse images. Under this legislation, anyone found guilty of producing or disseminating such content could face severe criminal penalties, including significant prison sentences and hefty fines.

Here are some key provisions of the law:

• Criminalization of Deepfake CSAM: The law makes it a criminal offense to create or share digital images that depict children in sexually explicit scenarios using deepfake technology. This includes both entirely fabricated images and those that manipulate real photographs or videos.
• Stronger Penalties: The law stipulates harsh penalties for those convicted of deepfake-related crimes, including long prison sentences, which can serve as a strong deterrent for offenders. These penalties mirror the severity of those associated with the possession and distribution of real child sexual abuse material.
• Prevention of Exploitation: By targeting digital manipulation specifically, Pennsylvania aims to prevent the exploitation of children in the digital realm before it reaches the point of actual abuse. The law also underscores the state’s commitment to protecting children from being victimized by modern technology.
• Technological Tools for Law Enforcement: The legislation also empowers law enforcement agencies with the tools necessary to track down offenders involved in deepfake crimes. This includes the use of AI and digital forensics to identify and investigate instances of digital abuse, making it easier to detect and prosecute those behind such content.

Why This Law Is So Important

As digital technology continues to evolve, so too do the tactics used by criminals to exploit children. Deepfakes, once seen as a niche or novelty technology, have emerged in our schools. Most recently two students from Lancaster PA are facing five dozen counts of various sex crime charges, accused of creating hundreds of AI deepfake images of 48 students.They allow offenders to create abusive content without physically harming a child, but the emotional and psychological damage they cause can be just as devastating.

This new law is a direct response to the growing threat posed by deepfake technology in the realm of child exploitation. By criminalizing deepfake child sexual abuse images, Pennsylvania is sending a strong message: the state will not tolerate the exploitation of children, whether it occurs in the real world or through digital manipulation.

The Broader Implications of the Law

PA becomes the 18th state with laws in effect in order to protect against deepfakes and other AI-generated content.

Those states are:

• California,
• Connecticut,
• Florida,
• Hawaii,
• Illinois,
• Louisiana,
• Massachusetts,
• Mississippi,
• New Jersey,
• New York,
• North Carolina,
• Oklahoma,
• Rhode Island,
• Texas,
• Utah,
• Washington
• and Wyoming.

As digital media becomes more immersive and convincing, it is essential that lawmakers across the country recognize the dangers posed by these technologies and take action to prevent the exploitation of children.

Additionally, the law highlights the need for comprehensive digital literacy and cybersecurity initiatives to help parents, educators, and children understand the risks posed by deepfakes. In addition to legal measures, education and awareness will play a critical role in combating this form of digital abuse.

How This Law Could Impact Society

1. Protection of Children: Increased protection of children from exploitation and abuse, whether real or digitally fabricated.
2. Preventing Harmful Fantasies: The law aims to disrupt the cycle of exploitation by removing the tools used to fuel harmful fantasies and predatory behavior.
3. Digital Media Accountability: The law encourages tech companies and digital platforms to take greater responsibility for preventing the spread of harmful content. It calls for better monitoring and faster removal of abusive deepfake images from the internet.
4. Stronger Sentences for Offenders: The introduction of harsh penalties for deepfake-related crimes is a crucial deterrent for potential offenders.

The new law in Pennsylvania is an important step in the fight against digital exploitation and abuse. Andreozzi + Foote can offer legal guidance and trauma-informed sexual abuse lawyers to walk you through your rights. 1-866-753-5458