In the near future, we will be introducing legislation to modernize our state’s forgery statute by explicitly addressing the rise of “deepfakes” and other forms of digital impersonation.
Technological advances, especially in artificial intelligence and generative artificial intelligence, now allow individuals to create convincingly realistic images, audio, and video of others, often without consent, that are nearly indistinguishable from reality.
These digital forgeries have already been used to commit financial scams, injure personal reputations, and disrupt the political process. We have witnessed distressing examples of technology’s misuse: criminals impersonating loved ones to swindle the elderly; fabricated political videos and calls intending to fraudulently mislead and misinform voters; and malicious digital content targeting celebrities and private citizens alike.
What we are seeing amounts to forgery in the digital world, an imitation with the intent to defraud, so close to reality that many cannot discern real from fake. The potential for widespread harm will only grow as artificial intelligence tools become more sophisticated and more readily accessible.
Our proposed legislation will amend the current forgery provisions to include “forged digital likeness.” Under this new provision, if someone creates a digital representation of a real person without their consent and distributes it as genuine—with the intent to defraud, injure, or deceive —they would be subject to penalties.
At the same time, this measure takes great care to protect First Amendment rights and preserves valid expressions of parody, satire, and other forms of free speech. It is imperative that we address harmful impersonations while safeguarding legitimate artistic, journalistic, and expressive works.
This is a common-sense, balanced approach that will help protect our constituents, businesses, and institutions. By updating our laws, we ensure law enforcement will have the tools they need to hold perpetrators accountable, while preserving the constitutional freedoms we cherish.
We respectfully ask that you join us in co-sponsoring this legislation. Together, we can strengthen Pennsylvania’s ability to combat digital fraud and protect individuals from the real harm these forgeries create.