Kevin Parker bill targets fake profiles with felony charges

In New York, the Barakett digital safety act would add a new crime called false pretense for knowingly and without consent impersonating another person through an internet website, digital platform or other electronic means. The bill reaches artificial intelligence, or AI, systems, deepfakes, synthetic media and even someone else’s email account or social-media profile, so long as the impersonation is credible enough that a reasonable person could believe it was real.

If the measure becomes law, it would take effect Nov. 1.

When the charge gets heavier

The baseline offense would be a class A misdemeanor. It would become a class D felony if the impersonation causes more than $1,000 in financial loss, includes a credible threat of physical harm, or uses AI, deepfakes or synthetic media to carry out fraud, extortion or serious reputational, professional or economic harm.

The bill would also give harmed people a civil route: damages, restitution, a court order to remove or stop distributing the fake content, and, in AI or deepfake cases, a civil penalty of up to $50,000. Repeat offenders could be barred from using digital impersonation tools for up to three years.