Oregon law criminalizing AI goes into effect Jan. 1

In May of this year, the Oregon Senate passed House Bill 2299A. This bill updates existing Oregon law regarding unlawful dissemination of intimate images statute. The modified law expands the definition to include digitally created, manipulated or altered images, including the use of artificial intelligence or deepfake technologies. This includes photographs, film, videotape, recording, digital picture or other visual reproduction

One of the chief sponsors of the bipartisan bill was Rep. Kevin Mannix (R-Salem), who was also a chief sponsor of HB 4156 which modernized Oregon’s stalking laws. Regarding HB 2299A, Mannix said, “This is a serious problem because artificial intelligence has become so sophisticated.”

Prior to the law being passed, dissemination of fake nudes or sexual images created challenges for prosecutors seeking criminal charges. According to paperwork filed by Amanda Dalton on behalf of the Oregon District Attorneys Association, “While Oregon law already protects actual images from being distributed under certain circumstances, it is ambiguous whether the current definition covers digitally altered images. Under this bill, the definition of “Image” adds, “a digitally created, manipulated, or altered depiction that is reasonably realistic.”

In a letter of support of HB 2299A, Director of Legislative Advocacy for Oregon Law Center Sybil Hebb wrote, “Closing the loophole in the statute often referred to as the “revenge porn” statute (ORS 163.472) is of particular and critical importance. Current law only prohibits the use of actual photos of the victim, as opposed to “deepfake” images. HB 2299 would expand the definition of an “image” to include AI-generated images, which can have just as damaging an impact as real photos to manipulate, intimidate, and harass victims. In addition, the bill would increase the sanctions for violation of these statutory prohibitions, creating greater consequences to deter and provide accountability for this extremely abusive behavior.”

The Oregon Law Center cites a third of their cases involve domestic violence, sexual assault or stalking, and the amendment is an important tool to help protect their clients and help “remove barriers to success and justice.”

Deepfakes and altered images can and have been used to terrorize victims through humiliation, blackmail, extortion, and revenge. Studies have found the vast majority of deepfake content is “non consensual intimate imagery” with 96-98 percent of all deepfake videos online falling into this category. This type of content also underscores the role gender-based violence plays with the majority (99 percent) of targets being female. Under the new law, there is an increase in penalties. It moves from a Class A misdemeanor to a Class C felony or a Class B felony if the person has a prior conviction at the time of the offense

The crime is punishable by a maximum of five years imprisonment, $125,000 fine, or both, or 10 years imprisonment, $250,000 fine, or both, if the person has a prior conviction. It also “creates the crime of unlawful dissemination of an intimate image in the second degree, punishes by a maximum of 364 days’ imprisonment, $6,250 fine, or both, or five years’ imprisonment, $125,000 fine, or both, if the person has a prior conviction,” according to the law.