Friday, March 1, 2024

The DEFIANCE Act and Deepfake AI technology

        Deepfake technology refers to using artificial intelligence to fabricate images, videos, or audio to make it seem as if someone is doing or saying things they have not actually done. This new phenomenon is incredibly dangerous because the general public often does not even realize they are consuming media that is tampered with or completely manipulated. Deepfake techniques can alter someone’s facial expression in a video, seamlessly placing their image onto a different body, editing a voice, or placing a person into a completely different setting. While this new AI technology can be dangerous for everyone, it poses a distinct threat to celebrities. 

         Deepfake poses particular dangers for celebrities due to their high visibility as public figures and the fact that many people idolize and actively search for their content. Using their images in fake videos or other material can ruin their reputation, invade their privacy, and cause them overall stress and emotional consequences. For example, AI technology can portray celebrities engaging in inappropriate behavior and spread this explicit content to many media platforms. These fabricated videos are a non-consensual breach of a celebrity’s privacy, but they are often harder to legally combat as it is easier for creators of deepfake content to evade law enforcement and more challenging to track down digital copies of videos online. 

The news article “How a New Bill Could Protect Against Deepfakes” by Solcyre Burga covers a new bipartisan bill, “DEFIANCE,” that addresses the topic of legal protection against deepfake AI. The Disrupt Explicit Forged Images and Non-consensual Edits, or DEFIANCE Act, allows victims of deepfake content (like celebrities) to sue the creators for neglecting to gain their consent. This Act would particularly persecute creators and distributors of sexually explicit deepfake content. The article cites celebrity Taylor Swift as an example of someone who has suffered extreme deepfake attacks in the form of pornographic videos and images with her face flooding the internet. Taylor Swift is not alone in this new development; a 2019 study discovered that approximately 96% of all deepfake videos on the web consisted of non-consensual pornography. This shocking statistic comes from the fact that websites that manufacture deepfakes are relatively easy for anyone to access and utilize. If the DEFIANCE Act passes, it will be the first federal law to protect deepfake victims’ rights. While there has not been any action taken on the bill, the large majority of Americans surveyed are in favor of legislation that would make AI pornography illegal. 

As Joe Vukov discussed in his presentation “Can Silicon be Conscious,” AI technology is rapidly advancing and improving its algorithm, including deepfake technology. Every day, it advances its capabilities through access to more data, amplified computing power, and more people dedicated to helping its development. As AI and deepfake technology advance, so must protective measures like legislation and other countermeasures. 


References: 

Burga, Solcyre. “Deepfakes Are at the Center of a New Federal Bill.” Time, Time, 31 Jan. 2024, time.com/6590711/deepfake-protection-federal-bill/.

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