As the 118th Congress enters its final weeks, artificial intelligence (AI), deepfakes, and digital replicas have emerged as major policy issues. These topics have sparked significant debate across creative industries, law enforcement, and the public. Over the past year, Congress has held numerous hearings and released reports highlighting the potential threats and challenges of generative AI (GenAI).
One alarming example involved a digital replica song, Heart on My Sleeve, created with GenAI mimicking the voices of pop stars Drake and The Weeknd. The song went viral, amassing over 20 million streams before being removed. Congress also heard testimony on “voice cloning,” a method used in many fraudulent schemes, such as impersonating relatives to demand ransom. Additionally, concerns were raised about AI-generated sexual images violating individuals’ privacy. For instance, in early 2024, X (formerly Twitter) blocked searches for “Taylor Swift” after a deepfake depicting false images of her in explicit content was uploaded, garnering 27 million views in under 19 hours.
While the U.S. Constitution’s Patent and Copyright Clause laid the groundwork for intellectual property protections, GenAI technologies have rapidly outpaced these and other existing laws. There is currently no uniform legislation addressing the unauthorized use of name, image, or likeness in digital replicas. Legal scholars and practitioners agree that federal action is needed to protect these rights, create consistency, and equip lawyers with tools to combat AI misuse. With more than 100 AI-related bills pending in Congress, there is broad recognition of the urgent need for new laws.