It’s not certain whether this activity falls within the US legal definition of “fair use”—an issue that’s currently being litigated in several lawsuits from other types of content creators—but Casper argues that even if it does, it’s ethically murky for porn created by consenting adults 10 years ago to wind up in those training data sets. When people “have their stuff used in a way that doesn’t respect or reflect reasonable expectations that they had at that time about what they were creating and how it would be used,” he says, there’s “a legitimate sense in which it’s kind of … nonconsensual.”
Adult performers who started working years ago couldn’t possibly have consented to AI anything; Jennifer calls AI-related risks “retroactively placed.” Contracts that porn actors signed before AI, adds Silverstein, might provide that “the publisher could do anything with the content using technology that now exists or here and after will be discovered.” That felt more innocuous when producers were talking about the shift from VHS to DVD, because that didn’t change the content itself, just the way it was conveyed. It’s a far different prospect for someone to use your content to train a program to create new content … content that could replace your work altogether.
Of course, this all affects creators’ bottom line—not unlike the way Google’s AI overviews affect revenue for online publishers who’ve stopped getting clicks when people are content with just reading AI-generated summaries. Performers’ “concern is … it’s another way to pirate [their] content,” says Rocket.
After all, independent creators aren’t just “having sex on camera,” as the adult content creator Allie Eve Knox puts it. They’re paying for filming equipment and location rentals, and then spending hours editing and marketing. For someone to then rip off and distort that content “for their own entertainment or financial gain,” she says, “fucking sucks.”
KIM HOECKELE
Tanya Tate, a longtime adult content creator, tells me about another highly unsettling AI-created situation: She was recently chatting with a fan on Mynx, a sexting app, when he asked her if she knew him. She told him no, and “his eyes just started watering,” Tate says. He was upset because he thought she did know him. Turns out he’d sent $20,000 to a scammer who’d used an AI-generated deepfake of Tate to seduce him.
Several men, Tate subsequently learned, had been scammed by an AI version of her, and some of them began blaming her for their losses and posting false statements about her online. When she reported one particularly aggressive harasser to the police, they told her he was exercising his “freedom of speech,” she says. Rocket, too, is familiar with situations where AI is used to take advantage of fans. “The actual content creator will get nasty emails from these people who’ve been scammed,” she says.
Other porn actors say they fear that their likenesses have been used without consent to do other things they wouldn’t do. One, Octavia Red, tells me she doesn’t do anal scenes, “but I’m sure there’s tons of deepfake anal videos of me that I didn’t consent to.” That could cost her, she fears, if viewers choose to watch those videos instead of subscribing to her websites. And it could cause fans to develop false expectations about what kind of porn she’ll create.
“I saw one AI creator saying, ‘Well, AI girls will do whatever you want. They don’t say no,’” says Rocket. “That horrifies me … especially if they’re training those AI models on real people. I don’t think they understand the damage to mental health or reputation that that can create. And once it’s on the internet, it’s there forever.”
