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Effectiveness of NCII legislation under anonymity and encryption

Evaluate the effectiveness of legislative measures penalizing the creation and distribution of digitally altered non-consensual intimate imagery when dissemination occurs via anonymous accounts or end-to-end encrypted channels.

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Background

The paper documents significant harm from open text-to-image models being used to generate digitally altered non-consensual intimate imagery (NCII) and notes ongoing legislative proposals intended to deter such activities.

However, the spread of NCII through anonymous or end-to-end encrypted platforms presents enforcement challenges, leaving the real-world efficacy of these legislative approaches uncertain.

References

There are several legislative proposals to penalize the creation and distribution of digitally altered NCII, though given that channels for the spread of NCII can be anonymous or end-to-end encrypted, the efficacy of such legislation remains to be seen.

On the Societal Impact of Open Foundation Models (2403.07918 - Kapoor et al., 27 Feb 2024) in Section: Risks of Open Foundation Models; Table: Instantiation of our risk analysis framework (NCII — Ease of defense)