Connecticut’s legislature passed House Bill 5312, creating new civil enforcement mechanisms for deepfake digital sexual assault, including unauthorized dissemination of synthetically created intimate images and AI-generated child pornography. The bill establishes a private right of action for victims and empowers the Connecticut Attorney General to pursue civil injunctions and penalties against abusers and platforms hosting illegal content. This builds on prior Connecticut laws criminalizing unauthorized intimate image dissemination.
The legislation creates a private right of action for victims of unlawful synthetically created intimate image dissemination to sue abusers. It also empowers the Connecticut Attorney General to seek civil injunctions and monetary penalties against platforms that disseminate illegal content, including AI-generated child pornography.
In-house legal teams at social media platforms, content hosting providers, and AI image generation companies should review user agreements, terms of service, and vendor contracts for compliance with Connecticut’s new HB 5312. Key clauses to update include prohibited content provisions to explicitly ban synthetically created non-consensual intimate images and AI-generated CSAM, takedown procedures with strict timelines for removing unlawful content, indemnification clauses for civil liability under the new private right of action, and audit rights to verify AI tools do not generate prohibited content. Vendor agreements with third-party content moderators should include reporting requirements for unlawful content and penalties for failure to promptly remove illegal images. Customer agreements should clearly notify users of prohibited content and consequences for violations to mitigate risk of AG enforcement.
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Bad actor platforms
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Social Media"bad actor platforms"
"House Bill No. 5312, An Act Establishing a Civil Action for the Office of the Attorney General and a Private Right of Action for Victims of Unlawful Dissemination of a Synthetically Created Intimate Images"
"unlawful dissemination of a synthetically created intimate images"
"AI-generated child pornography"
"pursue civil injunctions"
"civil injunctions and penalties"
$10.0M
A March 2023 breach exposed personal and protected health information belonging to more than 13.3 million people after hackers accessed the companies’ systems, including unencrypted files, and security alerts were not properly configured. The companies agreed to pay at least $300,000 in penalties, with up to $9.7 million more due if they fail to comply, and to implement extensive security, incident-response, and data-handling reforms.
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$220.0M
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