Attorney General Takes on Deepfakes, DNA Privacy, and Prison Contraband in Ambitious Legislative Push
State Attorneys General across the country are often tasked with being on the front lines of consumer safety and law enforcement, but the latest push from one state proves just how quickly law must evolve to keep up with twenty-first century technology and crime.
South Dakota Attorney General Marty Jackley has unveiled a sweeping legislative package aimed squarely at some of the most pressing and complex issues of our time: the rise of sophisticated digital crime, the protection of highly personal genetic data, and the pervasive problem of drug trafficking behind bars. The proposed bills underscore the critical need for new laws that address issues ranging from virtual deception to literal drug-soaked mail.
Leading the charge on technology, the package calls for stiffened penalties for those who create and distribute deepfake pornography. This move puts the state in line with a growing national consensus that views this practice as a severe form of non-consensual intimate imagery. The problem is immense, with a vast majority of deepfake content being non-consensual and disproportionately targeting women and minors. This legislation aims to provide prosecutors with the necessary legal teeth to hold offenders accountable for this highly damaging new form of digital abuse.
The legislative focus on technology doesn’t end there. The Attorney General is also taking on the burgeoning field of direct-to-consumer genetic testing with a proposal to create new consumer protections for DNA data. Americans are increasingly sending their genetic material to companies for ancestry and health insights, but the data is rarely protected by federal laws like HIPAA. The current lack of regulation means companies can sometimes share or sell this highly sensitive information, prompting fears about privacy and discrimination. The South Dakota bill joins a movement in over a dozen states that have recently enacted laws to fill this regulatory gap, ensuring citizens have more control over their personal genetic blueprints.
Shifting focus to traditional crime with a modern twist, the package also includes two measures to crack down on drugs in correctional facilities. The first would increase the maximum penalty for possessing controlled substances in prison from ten to fifteen years. The second targets incarcerated individuals who use drugs by making a failed drug test a felony offense for inmates and parolees.
This initiative responds to what law enforcement has described as an epidemic of drug trafficking in state prisons nationwide. Smugglers, often working with outside collaborators and sometimes even correctional staff, have employed increasingly inventive methods to get narcotics like fentanyl and Suboxone behind prison walls, from using drones to simply spraying potent chemicals onto paper disguised as inmate mail. By increasing penalties for both smuggling and in-custody use, the state hopes to disrupt this dangerous and lucrative illicit trade.
Finally, a critical component of the Attorney General’s plan seeks to empower investigators with swifter legal tools to get evidence for internet crimes. As virtually all criminal activity now leaves a digital trail, giving law enforcement the ability to quickly obtain crucial electronic data is seen as essential for successful modern prosecution.
Ultimately, this legislative package is a striking example of how state governments are working to confront a unique blend of old and new challenges, navigating complex policy waters to safeguard public safety and personal privacy in an ever-changing world.