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“The Good, the Bad, and the Ugly: AI-Generated Deepfakes in 2025”

Senate Committee on the Judiciary, Subcommittee on Privacy, Technology, and the Law”

May 21, 2025 (recording linked here)

HEARING INFORMATION

Witnesses and Written Testimony (Linked):

• Mr. Justin Brookman: Director of Technology Policy, Consumer Reports

• Ms. Suzana Carlos: Head of Music Policy, YouTube

• Mr. Mitch Glazier: CEO, Recording Industry Association of America

• Ms. Martina McBride: Multi-platinum Country Music Singer-Songwriter

• Ms. Christen Price: Senior Legal Counsel, National Center on Sexual Exploitation

HEARING HIGHLIGHTS

IN THEIR WORDS

SUMMARY OF OPENING STATEMENTS FROM THE SUBCOMMITTEE

• Chair Blackburn emphasized the widespread curiosity around AI and its far-reaching effects on content creators, children, and everyday Americans. She acknowledged AI's positive applications in areas like healthcare and logistics, but warned about the serious harms posed by AI-generated deepfakes. Blackburn highlighted the No Fakes Act as a crucial legislative solution to protect artists from unauthorized digital replicas, noting its importance for safeguarding livelihoods in Tennessee’s music community and beyond. She also raised concerns about the use of deepfakes in scams and sexually explicit content involving children, underscoring the urgency of federal action.

• Ranking Member Klobuchar expressed both optimism and concern about the rapid advancement of AI, stressing the need for rules to guide its development responsibly. She shared the success of her Take It Down Act, recently signed into law, which combats non-consensual AI-generated pornography. Klobuchar described the emotional and economic toll of deepfake technology, particularly on young people and artists whose work is being misused. She concluded by supporting the No Fakes Act and highlighting additional legislative efforts to establish AI guidelines through the Commerce Committee.

• Sen. Coons expressed appreciation for the bipartisan collaboration behind the No Fakes Act, noting progress in gaining co-sponsors and industry support. He framed the bill as a way to empower all individuals—not just celebrities—to control their digital likeness. Coons stressed that the latest draft was shaped through good-faith negotiations with stakeholders, including major platforms like YouTube and Google. He concluded by urging continued momentum to move the bill forward and praised the witness panel for representing the broad impact of deepfake harms.

SUMMARY OF WITNESS STATEMENT

• Ms. McBride expressed strong support for the No Fakes Act, calling it a landmark step to protect individuals from AI-generated misuse of their voice and likeness. She shared how her own artistic identity is rooted in her voice and emphasized the emotional and social harm that can result when AI is used to impersonate artists without consent. McBride applauded Congress for passing the Take It Down Act and urged them to complement it with the No Fakes Act, which would allow victims to easily remove harmful deepfakes without legal hurdles. She warned of the personal and professional devastation that could occur if AI tools were used to violate the values and integrity artists work hard to uphold.

• Mr. Glaser emphasized the devastating impact of deepfake technology on artists and celebrated the No Fakes Act as a bipartisan, broad-based solution. He noted support from nearly 400 artists and praised lawmakers for crafting a bill that balances innovation with protections for individuals. Glaser highlighted how the legislation would empower people to remove unauthorized deepfakes without litigation, while preserving First Amendment protections for parody and critique. He warned that without such laws, the U.S. risks undermining its leadership in music, innovation, and cultural identity.

• Ms. Price delivered a stark account of how AI-generated deepfake pornography is fueling a new form of sexual exploitation, overwhelmingly targeting women and girls. Representing the National Center on Sexual Exploitation, she cited disturbing statistics and survivor stories, including high schoolers and family betrayals, to illustrate the irreversible harm caused. Price voiced strong support for the Take It Down Act, the No Fakes Act, and other related legislation that would hold platforms accountable. She criticized language in the House budget that discourages safety-first AI innovation, arguing that dignity must not be sacrificed for technological advancement.

• Mr. Brookman of Consumer Reports highlighted the rising prevalence and realism of deepfake scams, which are now being used in impersonation, fraud, and non-consensual intimate content. He cited a Consumer Reports study revealing that most voice-cloning tools lack meaningful safeguards and are easily exploited. Brookman called for stronger FTC enforcement, platform accountability, and transparency measures, while also supporting recent whistleblower and consumer protection efforts. He concluded by stressing that AI should not be left unregulated and that states must retain authority to address harms effectively.

• Ms. Carlos of YouTube expressed support for the No Fakes Act, emphasizing the platform’s commitment to balancing innovation with the protection of creators’ rights. She highlighted YouTube’s long-standing investment in rights management tools like Content ID, which now handles 99% of copyright issues on the platform. Carlos praised the bill for offering a clear, consistent legal framework and for helping platforms and rights holders navigate the evolving challenges posed by AI-generated content. She affirmed YouTube and Google’s readiness to support responsible AI use and thanked lawmakers for their inclusive, consensus-driven approach to legislation.

SUMMARY OF KEY Q&A

• Chair Blackburn asked about the long-term harm of deepfakes and why legislation like the No Fakes Act is necessary, especially from the perspective of fellow artists. Ms. McBride responded that while she is less concerned about financial impacts due to her established career, she feared how deepfakes could undermine the trust and integrity she built with fans and devastate the careers of younger artists still forming their public identity.

  Chair Blackburn then asked to expand on how the bill helps reduce the need for litigation while protecting artists. Mr. Glazier explained that the bill is structured to allow platforms to quickly remove harmful content without liability, which prevents artists from spending their lives and earnings on legal battles, while still holding platforms accountable when they have direct control over content.

• Ranking Member Klobuchar began her round by emphasizing that deepfake harms affect everyone, not just celebrities, and asked what tools federal agencies need to combat AI voice scams. Mr. Brookman stated that the FTC needs more staff, funding, technologists, rulemaking authority, and the ability to impose penalties and injunctive relief to address the growing threat of AI-driven scams.

  The Ranking Member then asked what YouTube is doing to avoid facilitating such scams. Ms. Carlos explained that YouTube has updated its privacy policies to allow individuals to report unauthorized uses of their voice or likeness, added watermarking technology to AI-generated content, and joined industry coalitions to establish content provenance standards.

  The Ranking Member next asked about the risks of inaction if Congress does not follow the Take It Down Act with more comprehensive laws like the No Fakes Act. Mr. Glazier warned that there is a narrow window for Congress to act before deepfake harms become unmanageable and stressed that further delay would encourage malicious AI development instead of responsible innovation.

  Ranking Member Klobuchar concluded by asking about a proposed ten-year moratorium on state AI regulations. Ms. Price said the moratorium would signal to AI companies that they can act without oversight and would prevent states from responding to rapidly evolving harms with their own protective laws.

• Chair Blackburn asked how the No Fakes Act would help children who are harmed by deepfake content that may not fall under the Take It Down Act. Ms. Price responded that the No Fakes Act adds a critical layer of accountability by allowing private civil actions, which deter bad actors and offer victims another path to justice.

  The Chair then highlighted Tennessee’s Elvis Act as a state-level precedent for the No Fakes Act and emphasized the need to maintain state protections until a federal law is passed. She then asked about the bill’s notification provision and how YouTube ensures individuals can alert the platform about harmful content. Ms. Carlos explained that YouTube has already implemented a voluntary framework allowing users to report unauthorized digital replicas, which the No Fakes Act mirrors, and that this notification enables the platform to assess and remove harmful content. The Chair followed up by asking for the expected timeframe YouTube uses to remove flagged content. Ms. Carlos said YouTube aims to remove content as quickly as possible via a web form system but did not provide a specific timeframe and promised to follow up with the committee. Chair Blackburn noted that delays in content removal have left users feeling ignored.

• Sen. Coons asked why the No Fakes Act is important for protecting both artists and fans. Ms. McBride said the bill is vital to preserving trust between artists and fans, sharing a personal story of a fan being financially scammed by someone impersonating her online, which she found devastating.

  Sen. Coons asked what would happen to the music industry if the bill does not pass. Mr. Glazier warned that allowing deepfakes to proliferate would strip the soul and humanity from music and undermine the entire industry built on the authenticity of artists’ voices and images.

  Sen. Coons asked what message he could relay to other tech companies that have not endorsed it. Ms. Carlos said YouTube supports the bill due to its balance of innovation and safeguards, including First Amendment protections, and that other platforms should see it as a responsible way to manage AI harms without stifling free speech.

• Sen. Hawley began his questioning by asking why YouTube monetizes videos that teach users how to create pornographic deepfakes of women. Ms. Carlos responded that while protecting users is a top priority, her expertise lies in music policy and said she was unaware of the number of such videos or any associated ad revenue and reiterated that such content violates YouTube’s policies. Sen. Hawley cited a Forbes report linking promoted videos to criminal prosecutions and asked about YouTube’s financial gain from them. Ms. Carlos again deferred, noting she lacked details but emphasized YouTube’s endorsement of the Take It Down Act and her limited role in music policy. Sen. Hawley asked what recourse a teenage girl would have if her likeness appeared in a deepfake porn video on YouTube. Ms. Carlos replied that YouTube allows individuals to request removal of unauthorized uses of their likeness or voice. Sen. Hawley asked whether victims receive any portion of profits earned from monetized harmful content. Ms. Carlos said she was unaware of such policies and would follow up. Sen. Hawley questioned why enforcement often occurs only after videos go viral and asked if YouTube proactively removes deepfakes. Ms. Carlos stated that YouTube uses AI tools to search for and remove policy-violating content but again noted this was outside her direct expertise. Sen. Hawley then asked whether YouTube data is used to train Google’s AI models. Ms. Carlos confirmed that YouTube provides data in accordance with agreements but could not comment on specific use cases. Sen. Hawley pressed further on how artists are protected from having their content used to train AI. Ms. Carlos responded that YouTube has strong partnerships with the music industry and follows its terms of service, which govern how content may be used. Sen. Hawley criticized YouTube’s clickwrap agreements and asked where users explicitly consent to data use. Ms. Carlos said users agree to terms of service and privacy policies available on the web.

• Ranking Member Klobuchar asked whether using copyrighted materials to generate copycat content undermines artistic value. Mr. Glazier affirmed that unauthorized use undermines creators’ rights and contradicts the Constitution’s purpose in granting intellectual property protections. Ranking Member Klobuchar then asked how Congress could better educate consumers on AI literacy. Mr. Brookman recommended a public awareness campaign, noting that many people don’t realize online content may be fake, and suggested strategies like using family-safe words to combat scams.

• Sen. Coons asked why the No Fakes Act is still needed after the Take It Down Act became law. Ms. Price explained that the No Fakes Act provides civil remedies for victims, complementing the criminal provisions in existing law and enhancing deterrence. Sen. Coons asked why YouTube chose to support the bill and help move it forward. Ms. Carlos explained that YouTube recognized the real-world harm of digital replicas and is investing in tools like SynthID to help protect creators across its platform.

• Chair Blackburn asked about the importance of a federal standard for contracts concerning voice and likeness rights. Mr. Glazier said the No Fakes Act empowers individuals with control over their image and voice, sets clear terms for contracts during life and posthumously, and includes protections for minors and legal oversight.

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