NO FAKES Act: The Comedy of Errors in Digital Rights Protection
The NO FAKES Act’s safe harbor scheme ironically risks over-censoring online expression while attempting to address AI-generated imitations. This legislation, with its hefty penalties, burdens content creators and platforms, making it harder for them to defend their rights. During Copyright Week, it’s crucial to scrutinize these proposals and their potential impact.

Hot Take:
Ah, the NO FAKES Act, gallantly charging into the arena to save us from AI-generated imposters, but instead, it seems to be wielding a censorial sledgehammer. While trying to curb AI mischief, it might just end up hammering down on free expression. You know what they say, the road to internet hell is paved with good intentions and heavy-handed legislation!
Key Points:
- The NO FAKES Act aims to combat AI-generated imitations but risks over-censorship.
- Platforms face hefty penalties for unauthorized content, with a safe harbor resembling the DMCA.
- The proposed safe harbors offer limited comfort compared to the existing DMCA process.
- The Act shifts the burden of proof onto the speaker, making it harder for creators to defend lawful content.
- The Act’s provisions against abuse are weak, similar to the criticized DMCA provisions.
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