呼吁国会否决NO FAKES法案
SOURCE / EFF-Updates · Tell Congress: Just Say No to NO FAKES
原文
Tell Congress: Just Say No to NO FAKES
完整原文
The Senate Judiciary Committee is set to consider and vote on the Nurture Originals, Foster Art, and Keep Entertainment Safe Act (NO FAKES). Instead of targeting the real privacy harms posed by AI-generated replicas, this law would create another layer of internet censorship on top of the already existing legal and voluntary takedown systems. Congress should reject NO FAKES. Take action Tell Congress to Say No to NO FAKES As currently written, NO FAKES proposes to tackle the problems of misleading AI-generated replicas by creating a broad property right in someone's look, voice, and general style. However, there are all kinds of First Amendment-protected expression that would be swept under the NO FAKES regime—think about parody, news, criticism. NO FAKES also does a laughable job of protecting artists from use of their image in misleading ways. It doesn’t create a privacy right, but rather a property right that can easily be signed away—as major studios and record labels are almost certain to require in their contracts with artists. As a result, NO FAKES actually creates a new avenue for the exploitation of artists by companies instead of protection from misleading replicas. The bill also makes it trivially easy for protected speech to be censored. It is a supercharged version of the already flawed copyright takedown regime. It would essentially require platforms to institute filters that don't just look for exact matches of copyrighted material, as current filters do, but anything that might be a digital replica. Even though the latest version of this bill adds some forms of redress for bad faith takedowns, those provisions lack the teeth required to deter a malicious actor. NO FAKES targets speech, tools, and innovation instead of focusing on the real concern posed by these replicas: privacy. This bill was a bad idea when it was introduced, and got even worse when it was amended last year. Tell Congress to just say no to NO FAKES. Take action Tell Congress to Say No to NO FAKES
归纳
美国参议院司法委员会即将审议并投票表决《培育原创、促进艺术和保障娱乐安全法案》（NO FAKES）。该法案旨在应对AI生成误导性复制品问题，但批评者认为其创设的是可轻易转让的财产权而非隐私权，可能导致艺术家被公司剥削；同时法案要求平台过滤数字复制品，可能过度审查受第一修正案保护的言论（如讽刺、新闻、批评）。尽管最新版本增加了对恶意下架的部分救济，但不足以遏制滥用。因此，多个组织呼吁国会否决该法案。
点评
NO FAKES法案将数字复制品定性为可转让财产权，可能架空隐私权保护并加剧平台对合法言论的过度过滤。
法律视角点评
AI 生成 · 人工审核核心关切
NO FAKES法案将数字复制品定性为可转让财产权，可能架空隐私权保护并加剧平台对合法言论的过度过滤。
实务启示
中国法律人应警惕AI生成内容立法中财产权与人格权的边界混淆，避免重蹈美国法案中平台审查义务过重的覆辙。