Latest news with #Brooke'sLaw
Yahoo
11-06-2025
- Politics
- Yahoo
Florida beefs up laws against deepfake porn, luring children, sex trafficking. What to know
Florida has taken some big steps in the fight against sexually explicit deepfakes. On June 10, Gov. Ron DeSantis signed five bills designed to protect children against sexual crimes. The bills expand Florida laws against luring or enticing children, add more registration and reporting requirements for sexual predators and offenders and mandate minimum terms for subsequent offenses, add harsher penalties — including the death penalty — for anyone convicted of human trafficking for sexual exploitation of children under 12 or individuals who are mentally incapacitated, and provide an enforceable framework to remove deepfake material from online platforms. The bill against deepfakes is called "Brooke's Law" after Brooke Curry, the daughter of former Jacksonville mayor Lenny Curry, who was 16 when a teenage boy she didn't know used a picture from her Instagram account to create an image she later described as 'embarrassing, vulgar, rude and against everything I stand for.' Curry, now 18, testified at a Florida House of Representatives committee hearing for passage of House Bill 1161 and was on hand when DeSantis signed the bill. 'Florida has zero tolerance for criminals who exploit children,' DeSantis said. 'Throughout my time in office, we've worked with the legislature to strengthen penalties for child abuse, hold predators accountable, and ensure that Florida remains a safe place to raise a family.' Here's what to know. "Deepfakes" are fake images or video created through graphics software or AI generators of real people. Faces taken from social media posts or other pictures available online are photoshopped onto adult movie actresses or models or used to generate explicit AI-generated content without consent, which is then shared around school, sent to family members or employers, or uploaded to websites for millions to see. Software to create convincing deepfake nudes has become increasingly accessible and the content it produces is often indistinguishable from real images and video. It's used as a tool of abuse, humiliation and harassment that disproportionately targets teenage girls and women. Celebrities such as Taylor Swift, Jenna Ortega and Megan Thee Stallion have seen false sexual imagery of themselves spread across the web, and women politicians are frequent targets. One in eight teens age 13 to 17 personally know someone who has been victimized by deepfake nudes, according to a report from Thorn, a nonprofit company focused on childhood safety online. One in 17 said they were a direct victim. Deepfake penalties: Students used AI to create nude photos of their classmates. For some, arrests came next. Law enforcement was slow to address the problem as they worked out how to address the everchanging murky world of cybercrime, and many websites refused to remove images or video after they were reported. If they were removed, offenders would share them somewhere else, further traumatizing the victim. In May, President Donald Trump signed the bipartisan Take It Down Act to federally criminalize publication of non-consensual intimate imagery, also known as NCII. The law requires social media platforms and similar websites to remove nonconsensual intimate imagery — defined as including realistic, computer-generated pornographic images and videos that depict identifiable, real people — within 48 hours of notice from a victim. Florida's HB 1161, Removal of Altered Sexual Depictions Posted without Consent, provides victims with a legal mechanism to fight deepfakes by requiring specified websites and online services to establish a process for victims to request removals, with a clear and conspicuous notice of the process in easy-to-understand language. Once a victim makes a written request for removal, the platform must remove the content and any copies within 48 hours. Failure to reasonably comply will be considered an unfair or a deceptive act or practice under the Florida Deceptive and Unfair Trade Practices Act, subject to cease and desist orders and civil penalties of up to $10,000 for each violation, plus actual damages and attorney's fees and costs. The bill provides liability protections for platforms that act in good faith. The platforms are required to establish a clear and prominent process for reporting such content. Email providers, information services and websites whose content is not user-generated are not included. The bill is effectively immediately. HB 777 expands the laws on luring and enticing children: Expands the age of the victim involved to be any child under 14 (previously it was a child under 12) Prohibits a person 18 years of age or older from intentionally luring or enticing, or attempting to lure or entice, a child under the age of 14 into or out of a structure, dwelling, or conveyance for other than a lawful purpose 1st violation: Bumped up from a first-degree misdemeanor to a third-degree felony 2nd or subsequent violation: Bumped up from a third-degree felony to a second-degree felony If committed by an offender with a previous violation of certain offenses: Bumped up from a third-degree felony to a second-degree felony Expands the scope of the offense by including "or out of" buildings and vehicles, not just into one Prohibits ignorance of the victim's age, misrepresentative of the victim's age by another person, or what the defendant sincerely believed the victim's age as a legal defense This bill takes effect Oct. 1, 2025. HB 1351 adds sexual predator and offender reporting requirements to block some reporting loopholes, including: Requires registrants to report their occupation, business name, employment address, and employment phone number Requires sexual offenders and predators to report in-state travel residences within 48 hours either online through the Florida Department of Law Enforcement (FDLE)'s online system or in person with the sheriff's office, removes a requirement to report it to the Department of Highway Safety and Motor Vehicles Requires local law enforcement agencies to conduct address verifications of sexual offenders at least one time per calendar year and sexual predators four times per calendar year to ensure the accuracy of the information Clarifies that 'permanent residence,' as far as sexual predator and sexual offender registration and reporting requirements go, means the person's home or other place where the person primarily lives This bill takes effect Oct. 1, 2025. HB 1455 provides mandatory minimum sentences for certain sexual offenses when committed by registered offenders or predators: Requires a court to impose a mandatory minimum sentence if a person who has previously been convicted of a specified sexual offense is convicted of committing a subsequent specified sexual offense, even if the mandatory minimum exceeds the maximum authorized sentence 10 years for: Lewd or lascivious molestation of a victim under 16 years of age Lewd or lascivious molestation of an elderly or disabled person Online solicitation of a minor, traveling to meet a minor, or prohibited computer usage Possession or transmitting of child pornography 15 years for possession of child pornography with the intent to promote 20 years for: Use of a child in a sexual performance Promoting a sexual performance by a child Buying or selling minors Specifies that except in the case of a pardon or conditional medical release, a person sentenced must serve the full minimum sentence This bill takes effect Oct. 1, 2025. SB 1804 establishes a new felony offense, "Capital Human Trafficking of Vulnerable Persons for Sexual Exploitation," and makes it a capital offense punishable by life imprisonment without the possibility of parole or death. Under the law, Capital Human Trafficking of Vulnerable Persons for Sexual Exploitation is committed by a person 18 years or older who knowingly initiates, organizes, plans, finances, directs, manages, or supervises a venture that has subjected a child less than 12 years of age, or a person who is mentally defective or mentally incapacitated. The U.S. Supreme Court has held that death sentences are limited to murder cases with at least one aggravating factor. "No one has been executed for a non-murder offense in this country since 1964," an analysis of the bill states, and life imprisonment without the possibility of parole is the current maximum sentence for capital sexual battery due to a string of court cases in both the U.S. and Florida Supreme Courts. According to six other states — Georgia, Louisiana, Montana, Oklahoma, South Carolina and Texas — and the U.S. military allow for death sentences for various specifications of underage rape. There have been no executions under those laws so far, and two people sentenced in Louisiana had their sentences overturned by the U.S. Supreme Court. This bill takes effect Oct. 1, 2025. Steve Patterson, Florida Times-Union, contributed to this story. This article originally appeared on Tallahassee Democrat: Florida strengthens laws against deepfake nudes, sex trafficking
Yahoo
10-06-2025
- Politics
- Yahoo
DeSantis signs Brooke's Law targetting deepfakes
Brooke's Law is aimed at protecting minor victims of deepfakes on social media. (Stock photo by Daniel de) Gov. Ron DeSantis signed a slew of bills Tuesday, including one requiring social media platforms to delete deepfakes, or AI-generated sexual depictions of people created without their consent. Brooke's Law, named after the Jacksonville teen who spearheaded the proposal, also requires platforms to create by Dec. 31 a process for people to submit requests to remove the sexually explicit content within 48 hours. While she was a minor in high school, Brooke Curry, daughter of the former Jacksonville mayor, had a picture taken from her social media and sexually altered using AI without her consent. 'Brooke's Law is not just about me, it's about all of us. It's about accountability, dignity, and hope for every person who has been exploited or violated,' Curry said during the bill signing ceremony. Companies that don't make good faith efforts to remove deepfakes would violate the Florida Deceptive and Unfair Trade Practices Act, meaning the state could pursue damages and civil penalties. Meanwhile, the governor criticized Donald Trump's 'Big, Beautiful Bill' for a provision prohibiting states from regulating AI for 10 years. 'They can have you depict you doing awful things. That's not the world that we want to live in, and so I think that the states need to be able to retain their ability to handle the emerging AI issues,' DeSantis said. 'We're not going to run away from it.' DeSantis signed three other bills: HB 777 increases penalties for luring children; HB 1351 requires convicted sexual predators to report in-state travel; and HB 1455 establishes mandatory sentences for repeat offenders of sexual offenses. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
26-05-2025
- Politics
- Yahoo
University of Florida researchers find uptick in AI-generated pornography
Researchers at the University of Florida say more people are becoming victims of pornography generated by artificial intelligence. A team from the university looked into a growing number of platforms that allow users to upload an image, then manipulate things like clothing, body shape and pose to transform it into a sexually explicit photo without the subject's consent. The study found that less than half of the websites they looked at required or enforced any kind of age verification in the photos. One week ago, President Donald Trump signed a federal law making it illegal to share such nonconsensual images. Florida lawmakers also recently passed a bill called 'Brooke's Law' to try to get such deepfake imagery removed within 48 hours. It was named for a Jacksonville teenager who was victimized by AI-generated nude photos shared online. The bill is now waiting for Gov. Ron DeSantis' signature. Click here to download our free news, weather and smart TV apps. And click here to stream Channel 9 Eyewitness News live.
Miami Herald
22-04-2025
- Politics
- Miami Herald
Florida revenge porn victims are about to get more recourse, even if not enough
Social media is a powerful tool, but, in the wrong hands, platforms can be weaponized. For victims of deepfakes and AI-generated revenge porn, the damage is deeply personal and immediate. To have those images removed, victims are left with zero guidance and forced to navigate an evolving landscape with limited recourse against the person posting the fake images. Recognizing the increased concerns over deepfakes — images or audio altered by artificial intelligence — the Florida Legislature is taking action toward cracking down on fake, pornographic depictions of people. Known as Brooke's Law, House Bill 1161 and companion Senate Bill 1400, introduced by Miami Sen. Alexis Calatayud, would require internet platforms to create a way for people to have altered sexual depictions and copies of such depictions removed from their platform upon request of the victim. The bill gets its name from former Jacksonville Mayor Lenny Curry's daughter, Brooke Curry, who was a victim of a deep fake pornographic image circulated on the social media platform Snapchat. Sadly, Brooke's story isn't unique. Sponsor state Rep. Wyman Duggan, R-Jacksonville, told lawmakers in a committee hearing last week, 'The Department of Homeland Security has declared that deep fakes and the misuse of synthetic content pose a clear, present and evolving threat to the public — 98% of the deep fake videos found online are explicitly pornographic, and 99% of those feature women.' Lawmakers on both sides of the aisle recognize the problem, and the bipartisan consensus is encouraging for victims who have found themselves with little protection. Last week, Brooke's Law unanimously cleared the House and is poised for Senate passage on Wednesday. The legislation avoids sweeping mandates and focuses on civil enforcement, and treats failure by social media platforms to comply as a deceptive business practice under Florida's consumer protection laws. Michael Flynn, a professor at Nova Southeastern University Shepard Broad College of Law, said that while the legislation offers a form of recourse, it's only part of the solution. 'Once the content is posted, the damage is done and any remedy for the victim cannot take back what is already out for others to view,' he told the Miami Herald Editorial Board. Flynn argues that, 'criminal penalties in addition to a civil remedy might be more effective.' Florida lawmakers aren't the only ones tackling the issue of deepfakes and revenge porn. The U.S. Senate has taken up the TAKE IT DOWN Act, bipartisan online safety legislation aimed to increase protections against the non-consensual dissemination of sexual images, including artificial intelligence generated images as well as deepfake and revenge porn. The difference between Brooke's Law and the TAKE IT DOWN Act is that Brooke's Law is civil and applies within Florida. The TAKE IT DOWN Act establishes federal criminal penalties against people who post non-consensual intimate images. Both bills would require a platform to remove the content within 48 hours of a request Brooke's Law is a significant step forward. By requiring platforms to create a take-down process, it ensures victims can take immediate action to protect themselves. However, as Flynn noted, 'the law may act as a deterrent but does not protect the victim once the posting of the images is complete.' There should be broader protections, such as creating victim support services and the consideration of criminal implications at the state level. Miami-based First Amendment attorney Tom Julin said Brooke's Law may prompt social media platforms to 'become much more aggressive in terms of limiting the content that they allow to be posted on their sites.' That may not be a bad thing, especially if it means fewer victims of deepfakes and revenge porn. Brooke's Law could have more teeth, but it still progress toward regulation on the destructive ways artificial intelligence can be used. Click here to send the letter.
Yahoo
07-04-2025
- Politics
- Yahoo
‘Take back control': Bill named after former Jacksonville mayor aims to help victims of deepfake crimes
Imagine being sent a pornographic photo of yourself, only it isn't actually you in the photo, that is exactly what happened to former Jacksonville Mayor Lenny Curry's 16-year-old daughter. >>> STREAM ACTION NEWS JAX LIVE <<< [DOWNLOAD: Free Action News Jax app for alerts as news breaks] Brooke spoke out publicly for the first time since she fell victim to a new AI crime two years ago in an exclusive on-camera interview with Action News Jax. She was just 16 at the time, playing pickleball with friends. 'I just finished the game and gone back to my phone and my phone was flooded with notifications. Basically, people reaching out saying this kid that I didn't know had taken a photo off my Instagram and through AI-generated fake nudes and posted it to his Snapchat story for everyone to see,' said Brooke. Brooke was humiliated as the images spread like wildfire among her peers. 'I had people that I didn't know and that I did know reaching out saying, like, hey, I think this kid accidentally leaked this photo of you. And then that's when I had to be like, no, it's not real. I don't know who this kid is. Kind of just defend my reputation and my side,' said Brooke. She tried to reach out to the original poster directly and even his parents but got no response. Eventually, she told her parents. 'I was pretty upset. I won't use the word I want to use,' said former Mayor Curry. The Currys decided to press charges, and in the end, the teen who made the pictures pleaded guilty. But the damage had already been done. 'Multiple people got their hands on it, screenshotted it, and to this day I don't know who has it,' said Brooke. Creating and posting pornographic AI images of people is already a crime in Florida, but Brooke soon found out as far as social media platforms are concerned, there's no teeth in the law to ensure the content is taken down. '99% of deepfake pornography depicts women and the Department of Homeland Security has said it is a clear and present danger to the public and to society in general,' said State Representative Wyman Duggan (R-Jacksonville). Duggan is leading the charge to help victims take back some control, sponsoring 'Brooke's Law' this legislative session. The bill lays out how victims can petition social media companies to have unauthorized AI-generated content of themselves removed from the platforms, and allows victims to sue if the companies don't comply. 'You never get out from under it. And that's what we need to provide for these mostly very young women who are facing this trauma,' said Duggan. Until now, the Brooke behind Brooke's Law was anonymous, but during the bill's last stop in the House she shared her story publicly for the first time. 'I am very proud of her for coming out and sort of reliving it and bringing it up to help other people and to sponsor this bill and putting her story with the bill, I think helps quite a bit,' said Brooke's mother, Molly. Now, with the bill teed up for final votes in both chambers, Brooke and her family can look towards the future knowing they were able to take a horrible situation and generate positive change to help all victims moving forward. 'Get your parents involved, get the people around you that love you and care about you involved, as Brooke has done, take back control of yourself,' said former Mayor Curry. 'I'm very lucky to have them with connections because a normal person doesn't have that,' said Brooke. 'And that's why I want to go out and give my story and make people aware that you can take back control.' Representative Duggan told Action News Jax he expects the bill could make it to the Governor's desk as early as next week., [SIGN UP: Action News Jax Daily Headlines Newsletter] Click here to download the free Action News Jax news and weather apps, click here to download the Action News Jax Now app for your smart TV and click here to stream Action News Jax live.
