Field Dispatch
Matt Connarton Unleashed: Deepfakes
Speaker 1: There's another article here from Billboard dot com. New Senate
Speaker 1: bill could protect artists from AI deep fakes. And this
Speaker 1: is of course part of our ongoing discussions about AI.
Speaker 1: We discussed it a lot on the show, but also
Speaker 1: the music industry is having an ongoing discussion about it.
Speaker 1: And this is called the No Fakes Act, first introduced
Speaker 1: as a draft bill last October, aims to provide federal
Speaker 1: protection on one's voice and likeness for the first time.
Speaker 1: And this is something you know something about from your
Speaker 1: own experience as a state legislator.
Speaker 2: Yes, I've worked on this issue specifically.
Speaker 1: It says here. A bipartisan group of US Senators introduced
Speaker 1: the highly anticipated No Fakes Act on July thirty one,
Speaker 1: which aims to protect artists and others from AI deep
Speaker 1: fakes and other non consensual replicas of their voices, images,
Speaker 1: and likeness. If passed, the legislation would create federal intellectual
Speaker 1: property for detections for the so called right of publicity
Speaker 1: for the first time, which restricts how someone's name, image,
Speaker 1: likeness in voice can be used without consent. Currently, such
Speaker 1: rights are only protected at the state level, leading to
Speaker 1: a patchwork of different rules across the country. Unlike many
Speaker 1: existing state loss systems, the federal right, Yes, the federal
Speaker 1: right that the No Fakes Act would create would not
Speaker 1: expire at death and could be controlled by a person's
Speaker 1: heirs for seventy years after their passing. The balance personal
Speaker 1: publicity rights, I'm sorry, to balance personal publicity rights and
Speaker 1: the First Amendment right to free speech. The No Fakes
Speaker 1: Act also includes specific carve outs for replicas used in
Speaker 1: news coverage, parody, historical works, or criticism. Now, yes, yeah,
Speaker 1: tell us about your experience with the bill about JD. Salinger.
Speaker 3: Right, So this in the articles one hundred percent correct.
Speaker 3: The laws are patchwork across the nation. Here in New Hampshire,
Speaker 3: as an artist, you have the right to protect your
Speaker 3: image and your likeness until you die. The moment that
Speaker 3: you did, you have no protections anymore, nor does your family.
Speaker 3: Nobody can control that or take ownership over your likeness.
Speaker 3: It becomes fair game. So what happened in New Hampshire
Speaker 3: is JD. Salinger's family has tried to protect his image.
Speaker 3: You know, Catcher in the Rye, famous American author. And
Speaker 3: there's a place, it's like a store or something that's
Speaker 3: near where the Salinger family. It has been in New
Speaker 3: Hampshire and they put JD. Salinger's face on toilet paper
Speaker 3: something wasn't too happy about that.
Speaker 2: I don't blame him, but.
Speaker 3: They were putting dad's face on things that weren't very
Speaker 3: respectable and they weren't happy about it, and they wanted
Speaker 3: to have control over their dad's image. But New Hampshire
Speaker 3: law didn't allow it. So the effort was to change
Speaker 3: the law to allow that to happen, because it does
Speaker 3: exist in many, many, many other states. California, it's a
Speaker 3: hundred years, so it's that patchwork. So what I say years,
Speaker 3: I'm talking about when you die, so you are you
Speaker 3: are a public persona you Matt Connorton on this show.
Speaker 3: In theory, you would have the ability to control your
Speaker 3: image up until the point that you die. In some states,
Speaker 3: when you die, whoever is your bequeathed or you're next
Speaker 3: to kin has the right to continue that control over
Speaker 3: your image, your likeness, your voice for a certain amount
Speaker 3: of time. In legislature, it's usually been around lifetime, thinking
Speaker 3: basically like we want your kids and your grandkids to
Speaker 3: be able to control your image. But after that it's
Speaker 3: been enough. But still allowing for people to be criticized
Speaker 3: or be satired, so narrowing the intent of the bill
Speaker 3: of that control like it is in other states. We
Speaker 3: got a lot of pushback trying to do this, like
Speaker 3: this was a huge fight, a bigger fight than I
Speaker 3: ever thought it would be. And I did manage to
Speaker 3: get it out of committee and I almost got it
Speaker 3: passed into the law, but the Republicans on the House
Speaker 3: side would not have it and trashed it because I
Speaker 3: was in a supermajority at the time as a Republican.
Speaker 3: Mind you, they wanted industries to be able to utilize
Speaker 3: people however they wanted to. And my argument was, if
Speaker 3: you look at the New Hampshire State House, it's across
Speaker 3: the street from an adult store. So I would give
Speaker 3: the example of you know, you die and the next
Speaker 3: day your kids see your face on an adult toy
Speaker 3: in the adult store being advertised in the window.
Speaker 2: How do you feel about that? Should that be allowed?
Speaker 3: Should a pub person's image belong ownership of that image
Speaker 3: belong to the next of ken? I think it should.
Speaker 3: I believe it should. You're a public figure, you're making
Speaker 3: money off of your image, you have created a brand
Speaker 3: of you, and you should be able to becreath that
Speaker 3: brand to your next to kin. In my opinion, this
Speaker 3: law gets into that because now it has to. Now
Speaker 3: we're adding this whole new animal into the mixture of
Speaker 3: AI and the ability to mimic people, to pretend to
Speaker 3: be people, to convince people that that really is that person.
Speaker 3: These deep fakes are pretty bad, Like you really can't
Speaker 3: necessarily tell the difference between one person or another. You
Speaker 3: could take somebody's image that you love and means the
Speaker 3: world to you and have them say the most horrific
Speaker 3: things and have no control over that, or we allow
Speaker 3: that to be controlled. I think you should be able
Speaker 3: to do that, and that's what I advocated for, and
Speaker 3: that's what I fought for. Unfortunately, the bill died thanks
Speaker 3: to House Republicans because the Senate was ready to pass it.
Speaker 3: The Salinger family is very respected in New Hampshire and
Speaker 3: we usually take pride in our in our in our
Speaker 3: in the successes that come out of our state. J. D.
Speaker 3: Salander is one of the most amazing American writers that
Speaker 3: is known throughout our country and around the world for
Speaker 3: or his Fourth Catcher in the Ryan his works. So
Speaker 3: you see what I'm saying about but.
Speaker 1: It gets so these things do get complicated though, because
Speaker 1: he do. Because so this happened a few months ago
Speaker 1: and we never got to it on the show. But
Speaker 1: do you remember the Scarlett Johansson thing. Yes, it was
Speaker 1: in the news. Yes, I found an article from the
Speaker 1: Hollywood Reporter. Again, this is from a few months ago.
Speaker 1: But Scarlett Johansson's AI legal threat set stage for actors
Speaker 1: battle with tech giants. So here's what this was about. Artists.
Speaker 1: This is a little bit of a side street, but
Speaker 1: it's relevant. So artists were first to sue. Then authors
Speaker 1: hit generative artificial intelligence companies with a valley of lawsuits,
Speaker 1: followed by publications. As battle lines over the use of
Speaker 1: AI tools in Hollywood are being drawn, actors maybe the
Speaker 1: next group of creators to open another front in what
Speaker 1: would be an industry defining legal battle against AI firms
Speaker 1: over the use of copyrighted works in personal data to
Speaker 1: power their human mimicking chat bots. On Monday, and again
Speaker 1: this is from the end of May, Scarlett Johansson threatened
Speaker 1: legal action against open ai, which is who created chat gpt,
Speaker 1: for allegedly copying and limiting I'm sorry imitating her voice
Speaker 1: after she refused to license it to the company. According
Speaker 1: to the actress, Open Ai asks her to be one
Speaker 1: of the voices called Sky for its newest AI system.
Speaker 1: She declined, though she said that didn't stop chief executive
Speaker 1: Sam Altman.
Speaker 3: And that's part of it right there, like for example,
Speaker 3: sports heroes in games and making sure that they have
Speaker 3: control over that imaging and that money in a game. Yeah,
Speaker 3: so that's where this legislation.
Speaker 1: But here's here's the problem though. Well, okay, so this
Speaker 1: is what she said in her statement, and then I'm
Speaker 1: gonna play Devil's advocate as I like to do because
Speaker 1: this because I when I first heard this, I was
Speaker 1: very skeptical that she had a case. Okay, so she
Speaker 1: wrote in a statement, quote, when I heard the released demo,
Speaker 1: I was shocked, angered, and in disbelief that mister Altman
Speaker 1: would pursue a voice that sounded so eerily similar to
Speaker 1: mine that my closest friends and news outlets could not
Speaker 1: tell the difference. Unquote. Okay, here's the problem. So from
Speaker 1: her perspective, so she feels they asked her, she said no,
Speaker 1: So they just generated a voice that sounded.
Speaker 2: Well, we'll go to court and deal with it in court,
Speaker 2: but we got it.
Speaker 1: But here's the problem. What did they Does Scarlett Johanson
Speaker 1: have such a distinct voice? Is there no one else
Speaker 1: who sounds like her? I?
Speaker 3: Ah, yeah, come on, now, come on, we want you
Speaker 3: to be our voice.
Speaker 2: We want you to be a voice. No no, no
Speaker 2: no no, So we make one up that sounds just
Speaker 2: like you.
Speaker 1: Come on if I if so, if I go and
Speaker 1: hear this, am I going to say? Oh, that's Scarlett Johansson?
Speaker 3: I mean according to her, she's saying yes, she's saying
Speaker 3: that news to her. According to her, So who are
Speaker 3: these news outlets and did they really feel that way
Speaker 3: and contact her?
Speaker 2: If that is true, then she absolutely has a case.
Speaker 1: I'm very skeptical.
Speaker 3: The thing is, even even the Motion Picture Association is
Speaker 3: getting in behind this bill.
Speaker 2: And I do want to say one thing about the bill.
Speaker 3: Senator Blackburn is on it, who's a Republican, and Senator
Speaker 3: Clovisha and Senator they So this bill is bipartisan in
Speaker 3: effort to try and protect artists, athletes, people who have
Speaker 3: a public persona from being turned into some kind of
Speaker 3: an AI.
Speaker 1: Now, and you know, I'll always advocate on the side
Speaker 1: of artists at the end of the day. But I'm
Speaker 1: just saying though from a pra again from a practice
Speaker 1: and pragmatic standpoint. So if somebody sounds like you, now
Speaker 1: you can go and get suit film.
Speaker 3: If this suit, if this actually sounds a lot like her,
Speaker 3: or sounds like her period after them turn after she
Speaker 3: turned them down, that's that's not coincidental.
Speaker 2: That's not a coincidence. That's intention. But they're gonna get.
Speaker 3: What they wanted because they figure tied up in court,
Speaker 3: they get away with it.
Speaker 2: But who they get away with it?
Speaker 1: But who's to say.
Speaker 3: Unless she gets a stay of some kind and some
Speaker 3: kind of emergency injunction to stop them from using it.
Speaker 3: They're getting to utilize it while you're going through court.
Speaker 1: But so this company though, so because that conversation was
Speaker 1: had with Scarlett Johansson, now this company can never ever
Speaker 1: use any voice that might.
Speaker 2: Sound like yeah, I'm gonna say yes.
Speaker 1: See that to me sounds.
Speaker 3: If it sounds just like her, like you can't tell
Speaker 3: the difference. No, they shouldn't be able to.
Speaker 1: There's not another actor somewhere who has a voice like her.
Speaker 1: What is so distinct about her voice?
Speaker 3: If it sounds just like her and you can't tell
Speaker 3: the difference. After they went to her trying to get
Speaker 3: usage and she said, no, I don't know. We have
Speaker 3: to put some kind of limitations on AI or it
Speaker 3: will run rampant. Where is your line, Where is your
Speaker 3: line in the stand that you're protecting the artist?
Speaker 1: Yeah, but I do think there's I do think there's
Speaker 1: the uh. And this is why I bring this up.
Speaker 1: I do think there's the risk of abuse in the
Speaker 1: other direction.
Speaker 3: Man, there is, which is why this is why this Yeah,
Speaker 3: and it's why these kinds of laws are difficult to
Speaker 3: pass because you do have to narrow the scope because
Speaker 3: you still have to allow for perspective, sorry, for protected speech.
Speaker 3: You've got to allow for There's got to be you know,
Speaker 3: we have to be able to have sat tire of people.
Speaker 2: We have to be able to.
Speaker 1: Well that that's the right thing about That's a big thing.
Speaker 2: I'm worried about is part of But that's been done.
Speaker 2: It's done in many places.
Speaker 1: Because satirical works are generally protected and that's already and
Speaker 1: I'm worried about that no longer.
Speaker 3: There's a lot, but it's already been on the books
Speaker 3: for forever, especially in California, there's laws on the books
Speaker 3: that protect artists but allow for satire. California protects your
Speaker 3: image for one hundred years after your death. Some states
Speaker 3: are seventy five. New Hampshire is no time. New Hampshire
Speaker 3: is you're dead, You're done. Your family doesn't get to
Speaker 3: control it. You show up in the middle of some
Speaker 3: adult stores window too bad, too sad, don't show your kids.
Speaker 2: I don't like that.
Speaker 3: I think people should be able to control their image,
Speaker 3: their persona, and when they die that shouldn't just die
Speaker 3: with them if they you know you're you are a
Speaker 3: commodity of your own, and you've established this commodity. You
Speaker 3: get to bequeath that to whoever you wish, and they
Speaker 3: get to contain that ownership for however many years the
Speaker 3: law allows. But like our state doesn't. Our state gives
Speaker 3: no protection at awe when death happens.
Speaker 2: This law is going way, This law has to happen.
Speaker 2: This stuff has to happen.
Speaker 3: AI is exponentially growing on a daily basis. Let's face it,
Speaker 3: technology is amazing. It grows every day. There's good and
Speaker 3: bad about it. The ability to mimic someone's image, likeness, voice,
Speaker 3: there's a lot of danger involved in that. There's a
Speaker 3: lot of nasty, underground, criminal things that can be done
Speaker 3: with that, you know.
Speaker 2: I mean, I worry.
Speaker 3: About that somebody puts a video of somebody making it
Speaker 3: look like they've committed a crime, that person goes to jail.
Speaker 3: This kind of technology can be so horrifically abused that
Speaker 3: if we don't put safeguards now, it's going to be
Speaker 3: too late when it's out of the box.
Speaker 1: For all you know, I might not really be here.
Speaker 1: I could be a deep fake.
Speaker 2: Well I know, because I'm here.
Speaker 1: Oh that's true.
Speaker 2: Listeners could be listening to two deep pakes.
Speaker 1: They could be listening to an AI generated version of
Speaker 1: the show.
Speaker 2: Maybe we're not here, maybe we're in Aruba.
Speaker 1: I do want to do that sometime. I think it'd
Speaker 1: be fun make an AI generated version of the show,
Speaker 1: just to see what it comes up with. They did
Speaker 1: that once on The Howard Stern Show. It's pretty well
Speaker 1: the conversation between Howard and Robin and the AI version
Speaker 1: that they did. It was funny because it was so
Speaker 1: it was so it was like, you know, Howard's like
Speaker 1: asking Robin, Robin, how was your weekend? And Robin's like
Speaker 1: mine was good, Howard, how was you know, It's just
Speaker 1: like a conversation they would never have, but it was
Speaker 1: like it was the best that the AI could come
Speaker 1: up with.
Speaker 3: There is an organization called their Human Artistry Campaign that's
Speaker 3: out there that's actually trying to work on these issues
Speaker 3: to protect artists. We're talking about When you talk about
Speaker 3: artis you talk about everybody. We're talking about music, actors, painters, everyone.
Speaker 3: If we I'm serious, Like, so, I want to know
Speaker 3: from you, Devil's Advocate, where's your line where is it
Speaker 3: that we are protecting? Where do you put that line
Speaker 3: to protect the artists?
Speaker 1: Well, I don't know. I mean, that's that's the thing
Speaker 1: we're kind of That's what's so fascinating about the subject
Speaker 1: to me is it's it's complicated. It's it's complex, and
Speaker 1: we're kind of trying to find our way through it. Now.
Speaker 1: I do tend to be I might be lenient on
Speaker 1: a lot of this, though I might have an internal
Speaker 1: bias because so you know, I'm a co host on
Speaker 1: Retrospect and Radio with Polic on Friday nights, and one
Speaker 1: of the things that one of the uh, if you've
Speaker 1: never heard the show, every week Paul picks a different subject,
Speaker 1: and one of the subjects that we've done a few
Speaker 1: times that Paul has shows in his plagiarism where he'll
Speaker 1: play a song and then yeah, and then it's a
Speaker 1: song where there was some sort of perhaps someone said, hey,
Speaker 1: they you stole my song. I'm going to sue you,
Speaker 1: and there was litigation or the threat of litigation or
Speaker 1: just accusations of plagiarism and so forth. Led Zeppelin, by
Speaker 1: the way, the most plagiaristic band ever. But when we're
Speaker 1: when Paul plays these examples for us, I'm usually the
Speaker 1: one in the room who says not guilty. I'm like,
Speaker 1: I'm the most lenient when it comes to these accusations
Speaker 1: of plagiarism, because I'm the guy who says, yeah, I
Speaker 1: know that song sounds like this other song, but that's
Speaker 1: because it's using a chord progression that is very common
Speaker 1: in rock music and shows up in a lot of songs.
Speaker 1: I'm the most lenient one. So maybe maybe because I
Speaker 1: tend to maybe maybe I have an internal bias that's
Speaker 1: making me say, hey, let's be a little bit careful
Speaker 1: about what we assume that's different is copying something else?
Speaker 3: I want to challenge you on that. That's different because
Speaker 3: you're comparing what's coming out of a human mind to
Speaker 3: a computer pretending to be somebody else.
Speaker 1: But what is the same is this notion of copying,
Speaker 1: this notion of hearing something or reading the data of something. However,
Speaker 1: you want to think about it the way a large
Speaker 1: learning model works machine learning. The part that's similar is
Speaker 1: taking something and replicating it in some.
Speaker 3: Way, true, but without the human element. And that's that's
Speaker 3: a big difference. There's the difference between the human being
Speaker 3: and the computer.
Speaker 1: Well, but it depends on the situation, right, I mean,
Speaker 1: if I take a if I take somebody else's song
Speaker 1: and I just basically copy it and I barely change it,
Speaker 1: and I've plagiarized it, that's actually worse.
Speaker 2: Than that plagiarism not a deep fake, right.
Speaker 1: No, But I'm just saying, though, that's actually worse than
Speaker 1: if I type an AI prompt and I say make
Speaker 1: a song that kind of sounds like this.
Speaker 3: Yeah, No, that is worse because it's a direct right copyright.
Speaker 3: Who's the Who's the rapper that did that? With David
Speaker 3: Bowie's song Queen under Pressure? Who's stole from under pressure.
Speaker 3: Vanilla Vanilla ice, that's what it was. Yeah, yep, but
Speaker 3: see that's that's plagiarism. That's stealing somebody's work.
Speaker 1: Well that's not technically, it's not plagiarism. It's it's a
Speaker 1: it's ample, it's an unclear sample. Yeah, because he didn't
Speaker 1: ask permission and then he got held over a balcony
Speaker 1: by Suge Knight. It's a whole thing. Geez, we can
Speaker 1: do a whole show about vanilla Ice. What a fascinating man.
Speaker 2: This is true. Yes, but you don't want to anger anyone.
Speaker 1: No, that's true. We don't want Sugar Knight to come
Speaker 1: and hurt me.
Speaker 3: Hang you over or we do have a balcony. Yes,
Speaker 3: he could hang you over a balcony by your ankles.
Speaker 2: That would be terrible. Well, it's it's a very I mean,
Speaker 2: I support the effort. I think this bill should pass.
Speaker 2: I think it should be long.
Speaker 3: I think there should be protections against We have to start.
Speaker 3: If we don't, we're already kind of late to the
Speaker 3: late to the Gamia.
Speaker 2: We need these.
Speaker 3: Laws on the books like yesterday. Because technology grows and
Speaker 3: leaps and bounds by the day, AI especially, we don't
Speaker 3: we need we need this stuff now right, not before
Speaker 3: before it gets too far out of the bag. But
Speaker 3: you know, I'm sorry, but I still I have to
Speaker 3: disagree with you on Johansson issue. She was approached, she
Speaker 3: was asked, they wanted her, they courted her, she said no.
Speaker 3: Then they created something that sounded just like her. Yeah,
Speaker 3: I don't, I don't see.
Speaker 1: I don't even know, though, I would have to hear
Speaker 1: it and make my own determination to really have an
Speaker 1: opinion a hundred, which I have not. It's like with
Speaker 1: the George Carlin thing. Remember all these guys who made
Speaker 1: an AI version of a George Carlin album, a new
Speaker 1: George Carlin album. Yeah, And I remember I played a
Speaker 1: little bit of it on the show that and and
Speaker 1: well I ended up listening to the entire hour, and
Speaker 1: I thought it was good. I actually thought it was funny.
Speaker 1: And George Carland's one of my all time favorite Duck comedians,
Speaker 1: of course. But but I remember saying to you, Jesse
Speaker 1: was with us on the show that day, and I
Speaker 1: remember saying, my observation was, you know, yeah, it sounds
Speaker 1: a lot like him, but not exactly. And if you
Speaker 1: were to play this for me, and I'm sure it's
Speaker 1: still on YouTube. If you don't know what we're talking about,
Speaker 1: just look up George Carlin AI. You'll find it and
Speaker 1: it's actually funny, like the jokes are good. But I'm
Speaker 1: skeptical that it's all AI generated because some of those
Speaker 1: jokes don't sound like they could have been generated by AI.
Speaker 1: They're actually too clever. But but I remember saying to
Speaker 1: you and Jesse that if you, if you just played
Speaker 1: this for me and said to me, didn't tell me
Speaker 1: anything about it, and just said, Matt, who is this comedian?
Speaker 1: Do you recognize this? I might say it reminds me
Speaker 1: of George Carlin, or it kind of sounds like George Carlin.
Speaker 1: I would not say, oh, that's George Carlin.
Speaker 2: Well guess, because you know he's dead.
Speaker 1: No, no, no, But I'm just saying. I'm saying, if if,
Speaker 1: if you, if you.
Speaker 2: Just played that for me, you would have it out
Speaker 2: right away and.
Speaker 1: Tell me anything about it. I I probably would have
Speaker 1: said it reminds me of George Carlin, but I would
Speaker 1: not have said that's George Carlin because it didn't sound
Speaker 1: enough like him to me. The AI version.
Speaker 2: That's one example.
Speaker 1: It is, It's just one example. It's anecdotal, but I'm
Speaker 1: just saying I would have to hear the the Scarlett
Speaker 1: Johanson which is not which is not available. They they
Speaker 1: took it down, avoided a lawsuit, and all of that.
Speaker 1: That's all been saying.
Speaker 2: So you in favor or opposed to the legislation.
Speaker 1: I'm generally in favor of protecting artists. I don't know
Speaker 1: enough about exactly what the legislation is to really have
Speaker 1: a firm opinion, but I'm generally in favor of protecting artists.
Speaker 1: At the end of the day, I will always advocate
Speaker 1: on behalf of artists. Having said that, I'm also always
Speaker 1: worried about abuse, I will say, and frivolous lawsuits and
Speaker 1: all of that.
Speaker 3: There are a whole host of organizations that agree with you,
Speaker 3: that are representing artists. Organizations like the Nashville Songwriters' Association
Speaker 3: or the Production Music Association, the Recording Academy are all
Speaker 3: joining together in support of this bipartisan legislation, which is
Speaker 3: nice to see. I just hope that the sun doesn't
Speaker 3: sit on it forever and that they actually do get
Speaker 3: it passed into.
Speaker 2: Law sooner rather than later.
Speaker 3: To protect artists is not artists, culture, art everything needs
Speaker 3: to be protected from AI. It really does. If we
Speaker 3: don't get these laws in place now, it's just going
Speaker 3: to be too late. And I really do think there
Speaker 3: needs to be laws, and especially in regards to deep fakes,
Speaker 3: perhaps
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