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Am I the only one that still gets uncomfortable every time the government tries to regulate advanced technology?
—~~It's not a Libertarian thing to me as much as it's a~~ 'politicians don't understand technology thing.'
Arguing against laws that prohibit sexual exploitation with high tech tools, because of the nature of technology, would be like arguing against laws that prohibit rape because of the nature of human sexuality.
The "it still is going to happen" argument doesn't matter, because the point of the law isn't to eliminate something 100%, it is to create consequences for those who continue to do what the law prohibits.
It's not some slippery slope either, it is extremely easy not to make involuntary pornography of other people.
The worrying aspect of these laws are always that they focus too much on the method. This law claims to be about preventing a particular new technology, but then goes on to apply to all software.
And frankly if you need a clause about how someone is making fake pornography of someone then something is off. Something shouldn't be illegal simply because it is easy.
Deepfakes shouldn't be any more or less illegal than photos made of a doppelgänger or an extremely photorealistic painting (and does photorealism even matter? To the victims, I mean.). A good law should explain why those actions are illegal and when and not just restrict itself to applying solely to 'technology' and say oh if it only restricts technology then we should be all right.
There are stark differences between the scenarios you're presenting, but going to the core of your point, is it even legal to paint a photorealistic nude?
I don't know of any court cases about this specific subject, but I remember when Rush painted Tiger Woods ("The masters at Augusta"), he was sued.
He got away with not having to pay money to Tiger Woods, but partly because it's a stylized painting and it pushed towards first amendment rights. This wouldn't work in a photorealistic depiction, so it seems highly unlikely that such a painting would be OK...
Fair, but then this law serves no purpose. The thing it was designed to prevent was already illegal.