New Jersey Senate Bill S3926

New Jersey 2022-2023 Regular Session

• Introduced: 6/5/23
• Refer: 6/5/23

Caption

Extends crime of identity theft to include fraudulent impersonation or false depiction by means of artificial intelligence or deepfake technology.

Impact

Under this bill, the classification of crimes related to identity theft is preserved while adding a framework for assessing penalties based on the number of victims affected by a false depiction. For instance, if a deepfake or fraudulent representation impacts one victim, it is classified as a fourth-degree crime, while affecting multiple victims escalates the crime's severity up to second-degree status for those impacting five or more victims. This structure aims to better reflect the severity and potential harm caused by such technological impersonations.

Summary

Senate Bill 3926 extends the definition of identity theft in New Jersey to include fraudulent impersonation or false depiction through the use of artificial intelligence and deepfake technology. This bill recognizes the growing concerns surrounding technologies that can create realistic impersonations and manipulations of individuals, acknowledging that such technologies can be misused to harm the reputation or identity of others without their consent. The legislation specifically addresses actions that lead to the misrepresentation of a person's identity through advanced digital means, thus qualifying these actions as identity theft offenses subject to criminal penalties.

Contention

One notable aspect of SB 3926 is that it not only sets criminal penalties but also opens avenues for civil actions and restitution for victims. Courts may order the destruction of harmful deepfakes and mandate that individuals responsible for such acts issue public retractions. This dual approach of penalizing offenders while also providing a mechanism for victims to seek justice through civil claims adds complexity to the legal landscape surrounding digital impersonation and identity theft, emphasizing the need for awareness in both legal and technological realms.