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Artificial Intelligence (AI) / Deepfakes
What are deepfakes and their legal implications?
Regulating deep fakes: legal and ethical considerations
This article explains the technologies behind the creation of deep fakes and discusses four categories of deep fakes (deep fake porn, deep fakes in political campaigns, deep fakes for commercial uses and creative deep fakes). The authors of this article address ethical and regulatory aspects of each of those four categories of deep fakes. Since the first deep fakes were used for malicious and socially detrimental purposes (eg revenge porn and political campaigns), the authors highlight that these deep fakes—like many other technologies in the past—initially are confronted with fear. (January 2020)
Fake it till you make it: an examination of the US and English approaches to persona protection as applied to deepfakes on social media.
While the use of deepfakes in advertising can be harmful to the consuming public who may be swayed under the guise of false celebrity endorsements, the ability to manipulate videos of public figures has further potentially grievous effects, particularly with regard to political influence. (January 2020)
Deepfakes and image manipulation: criminalisation and control
We already use filters and emojis to alter images by consent, however, deepfakes are particularly problematic because they allow for production of videos that are highly convincing, taken to be a real video of the person depicted. Deepfakes provide for the manipulation of all manner of video, but particular risks include videos produced to incite political deception, voter manipulation, commercial fraud, and ‘revenge porn’. (July 2020)
Dealing with "Deepfakes": How Synthetic Media Will Distort Reality, Corrupt Data, and Impact Forecasts.
Distorted data are nothing new. However, deepfake technology—the term is a combination of “deep learning” and “fake”— has created the ability to distort reality in new and alarming ways. This technology is capable of fabricating audio, video, and even text files that are almost indistinguishable from authentic documentation. Machine-learning capabilities are escalating the technology’s sophistication, making deepfakes ever more realistic and increasingly resistant to detection. The implications for communication, data integrity, forecasting, and decision making are vast and unequivocally grim. Our best hope for dealing with deepfakes may lie with the creative problem solving of the data-science community, sponsored and supported by corporate leadership. (October 2020)
The First Amendment Implications of Regulating Political Deepfakes.
This Note examines the First Amendment protection which may be afforded to political deepfakes. It recognizes the need for federal legislation addressing the emerging problem of maliciously deceptive deepfakes. (January 2021)