"The New Weapon of Choice": Law's Current Inability to Properly Address Deepfake Pornography
![handle is hein.journals/vanlr73 and id is 1517 raw text is:
NOTES
The New Weapon of Choice:1 Law's
Current Inability to Properly Address
Deepfake Pornography
Deepfake technology uses artificial intelligence to realistically
manipulate videos by splicing one person's face onto another's. While this
technology has innocuous usages, some perpetrators have instead used it to
create deepfake pornography. These creators use images ripped from social
media sites to construct-or request the generation of-a pornographic video
showcasing any woman who has shared images of herself online. And while this
technology sounds complex enough to be relegated to Hollywood production
studios, it is rapidly becoming free and easy-to-use. The implications of deepfake
pornography seep into all facets of victims' lives. Not only does deepfake
pornography shatter these victims' sexual privacy, its online permanency also
inhibits their ability to use the internet and find a job. Although much of the
scholarship and media attention on deepfakes has been devoted to the
implications of deepfakes in the political arena and the attendant erosion of our
trust in the government, the implications of deepfake pornography are equally
devastating. This Note analyzes the legal remedies available to victims,
concludes that none are sufficient, and proposes a new statutory and regulatory
framework to provide adequate redress.
THE NEXT ITERATION OF REVENGE PORNOGRAPHY...................... 1480
I. WHAT IS DEEPFAKE PORNOGRAPHY?................................. 1482
A. The Devastating Consequences of Deepfake
Pornography........................................................... 1482
B. Origins of Deepfake Pornography and Where
Deepfake Technology Is Going ............................... 1484
C. How Deep fakes Work .............................................. 1487
1. Makena Kelly, Congress Grapples with How to Regulate Deepfakes, VERGE (June 13, 2019,
1:30 PM), https://www.theverge.com/2019/6/13/18677847/deep-fakes-regulation-facebook-adam-
schiff-congress-artificial-intelligence [https://perma.cc/5AKJ-GKGZ] (As Rep. Val Demings (D-
FL) put it, 'the internet is the new weapon of choice.' ).
1479](ViewImageLocal?handle=hein.journals/vanlr73&div=39&collection=&method=preview&ext=.png&size=3)
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"The New Weapon of Choice": Law's Current Inability to Properly Address Deepfake Pornography
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