Deepfakes have garnered widespread attention for their potential use in creating child sexual abuse material, celebrity pornographic videos, revenge porn, fake news, hoaxes, bullying, and financial fraud. This has elicited responses from both industry and government to detect and limit their use.
More than 90 percent of deepfakes are porn, according to the research company Sensity AI. Using someone's image without their consent to create porn can have damaging effects, emotionally and physically. But no federal law criminalizes the creation or sharing of non-consensual deepfake porn in the United States.
Australia has no specific legislation which addresses the potential misuse of deepfake technology, and we have yet to see a case concerning a deepfake reach the Australian judicial system. Other jurisdictions, however, have begun the process of legislating to address the potential for deepfakes to be misused.
Though the concept of a deepfake is not technically illegal, its potential to create chaos and manipulate public perception makes it a threat, both at individual and societal scales. Intellectual property rights are given to a person for their creation. This can include books, paintings, films, and computer programs.
In addition, where deepfake videos are used for illicit purposes such as blackmailing or fraudulent purposes, this would clearly fall under criminal provisions against extortion or fraud.
However, deepfakes have some drawbacks such as for post truth politics and harassment of women in the form of revenge porn, manipulation of the public, intervention to the elections, violations of personal data protection rights and intellectual property rights.
Cybersecurity experts say deepfake technology has advanced to the point where it can be used in real time, enabling fraudsters to replicate someone's voice, image and movements in a call or virtual meeting.
But despite some states taking steps forward, there is no federal law tackling deepfake porn, which means the ability to bring criminal or civil charges against an individual differs between states and certain illegal conduct in one state may not be illegal in another.
If you don't agree to your image being used or manipulated, then it's wrong for someone to do so. It's a line that can be (and has been) easily turned into law — if you deepfake someone without their consent, then you risk a criminal charge. The illegality would certainly limit (if not stop) its use.
Cybersecurity threats
Forged passports with a deepfake photograph will be difficult to detect. These could then be used to facilitate multiple other crimes, from identity theft and trafficking to illegal immigration and terrorist travel. Deepfakes of embarrassing or illegal activity could be used for extortion.
'Illegal and restricted online content' refers to content that ranges from the most seriously harmful material such as images and videos showing the sexual abuse of children or acts of terrorism, through to content that should not be accessed by children, such as simulated sexual activity, detailed nudity or high ...
Yes. It's against the law to make a fake ID. This means it is illegal to forge, or even scratch or change an ID.
Other than copyright, there are a panoply of rights potentially available to prevent the promotion and circulation of a deepfake including passing off, trademark law, infringement of privacy and breach of the Human Rights Act 1998, breach of confidence, defamation, false attribution of authorship under section 84 CDPA, ...
Deepfakes make it even easier for fraudsters to commit identity theft. By mimicking the images and voices of customers or staff, deepfakes can fool your business into granting account access, authorizing purchases, transferring funds, and more.
EEG is a test that shows activity occurring on the brain's surface layer. Study participants' brains were able to identify deepfakes 54 percent of the time, as determined via neural activity, while participants could only verbally identify deepfakes 37 percent of the time. America is changing faster than ever!
Social Implications of Deepfakes
Furthermore, using deepfakes to create fake adult videos and images of public figures and celebrities can tarnish their reputation and dignity. Academics are split on the impact of deepfake technology. Some believe deepfakes can potentially sway public opinion and change voting habits.
However, it can also pose serious risks to individuals and society, such as spreading misinformation, violating privacy, damaging reputation, impersonating identity, and influencing public opinion. In my last article, I discussed Deepfake Technology, how it works, and its positive and negative impacts.
California, Texas, and Virginia were the first states to enact deepfake legislation back in 2019, before the current frenzy over AI. Minnesota most recently enacted a deepfake law in May, and a similar bill in Illinois awaits the governor's signature.
Deepfake technology has been developed by researchers at academic institutions beginning in the 1990s, and later by amateurs in online communities. More recently the methods have been adopted by industry.
An organization thought they hired a remote employee to provide technical support. Instead, they hired a criminal who created a false persona using deepfake technology and stolen personal identifiable information with the intent of gaining access to the company's network and data.
While there are legitimate uses for deepfakes, they can also put businesses at risk for exploitation and fraud, and pose a significant threat to authentication technologies.
Commonwealth penalties for knowingly making, providing or possession of a false travel or identity document are 10 years in prison and/or a $110,000 fine.
Can someone confiscate my ID? Yes. Staff members on licensed premises (e.g. a bouncer at a bar or club) can confiscate your ID (unless it is a passport).