CRIMINALIZING DEEP FAKES?

in #law5 years ago

https://www.jordanbpeterson.com/blog-posts/i-didnt-say-that/

I can see Dr. Peterson's point about the danger of the misuse of Deep Fakes. The article is short and worth reading.

My inclination is not to criminalize in this area, but to regulate to require that the person's creating Deep Fakes label or identify their creation in a manner that is apparent to the viewer to avoid any confusion or distress caused by the Deep Fake. Civil liability for damages should be assigned to the creator of a Deep Fake that causes damage or is not properly labeled.

I had not envisioned the use of Deep Fake voices over the telephone in the context of a ransom demand. That could indeed cause a lot of damage. Such behavior is already criminalized (fraud). I also admit that I have no idea how a misappropriated voice can be labeled (which is easier to do with a video).

I am guessing we will see developments in this area as high profile Deep Fakes are misused and hurt people. I can see an "October surprise" being manufactured in advance of an election that could cause real problems. The parody and comedic uses of the technology should be allowed - maybe a "fair use" type law will govern the use of celebrity images? Interesting area of the law that will develop as the technology pushes the envelope.

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