“The New Weapon of Choice”: 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.
Anne Pechenik Gieseke