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55 Colum. J.L. & Soc. Probs. [i] (2021-2022)

handle is hein.journals/collsp55 and id is 1 raw text is: COLUMBIA JOURNAL OF LAW
Volume 55                           Number 1                             Fall 2021
Copyright C 2022 by the Columbia Journal of Law and Social Problems, Inc.
Is This Video Real? The Principal Mischief of Deepfakes and
How the Lanham Act Can Address It...............................................1
This Note argues that the false association cause of action under Section 43(a)(1)(A) of
the Lanham Act is well-suited for addressing problems posed by deepfakes, and outlines
for practitioners the mechanics of such a cause of action. A deepfake, which is a
portmanteau of deep learning and fake, is a digitally manipulated, often highly
realistic video that substitutes the likeness of one person with that of another. Due to
the way they deceive their viewers, deepfakes pose a threat to privacy, democracy, and
individual reputations. Existing scholarship has focused on defamation, privacy tort,
copyright, regulatory, and criminal approaches to the problems raised by deepfakes.
These legal approaches may at times be successful at penalizing the creators of
pernicious deepfakes, but they are not based on a theory of consumer confusion, which
this Note argues is the principal mischief posed by deepfakes. Further, since deepfakes
are often uploaded anonymously and the only effective remedy is against website
owners, certain of these approaches are frustrated by the Communications Decency
Act's immunization of website owners from liability for torts with a publication
element. Hence, this Note proposes that the law of false association, which is
principally concerned with consumer confusion, is best suited for addressing deepfakes.
Importantly, a Lanham Act cause of action would allow victims of deepfakes to sue
website  owners   under   a  theory  of contributory   infringement, because   the
Communications Decency Act does not immunize website owners from intellectual
property claims.
License & Registration:
Addressing New York's Police Misconduct.................................57
In the wake of the police killing of George Floyd, protesters flooded the streets
demanding reform. States across the country responded with legislative action.
Within weeks, New York State repealed Civil Rights Law § 50-a, which shielded
disclosures of police misconduct records. The subsequent release of records showed the
profound lack of accountability of police officers in the state. This Note argues that
New York should enact a police licensing requirement to curb misconduct through
uniform behavioral standards for all law enforcement officers, which would pull
disciplinary power away from local departments, and prevent fired officers from
regaining employment at other departments-problems that the existing remedies like
internal affairs actions, civil suits, and criminal prosecutions fail to address.
Licensing creates stronger accountability because an independent state licensing
commission would have the power to suspend or revoke licenses for violating
professional standards.   Currently, all states certify that officers meet certain
standards prior to employment, and 46 states allow for revocation of these
certifications. Certification boards vary state-to-state, however, in their scope of
authority and permitted grounds for decertification. New York State only permits
decertification of officers who are first fired from their departments. This process
suffers from reliance on local department action. Examining the NYPD demonstrates
how even the most well-resourced departments fail to adequately address officer
misconduct when disciplinary decisions are made at the local level. Police licensing
shifts authority to the state, following many other professions that already require
licensing (lawyers, doctors, barbers, taxi drivers, etc.).

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