If they’re going to go this way, I don’t think it should be limited to just porn. There are plenty of ways you could ruin someone’s life without a deepfake being sexually explicit.
There already are a lot of laws covering that. This one is to cover an additional angle where people create deepfake without provably publishing it, the intent being that showing it to friends and verbally threatening to “leak” them should be easier to prosecute.
If you create a deepfake and share it, you’re slapped with two crimes.
the intent being that showing it to friends and verbally threatening to “leak” them should be easier to prosecute.
That’s blackmail, which is already illegal.
Using a mobile phone while driving has always been illegal if you could argue that it was dangerous driving or driving without due care and attention. They made a law specifically saying that using a mobile phone without hands free is illegal anyway. This makes it easier to prosecute because you don’t need to argue that they were driving dangerously or without due care.
I imagine that this law has the same intent of making this specific act illegal to prevent them having to argue that it fits another crime.
I wonder what happens when it just accidentally looks like someone but was intended to be a fictional person. Also, how much can you base it on a real person before it’s considered a deep fake of that person? Would race-swapping be enough to make it a “new” person so it’s not illegal anymore? My intuition is that just eye colour or something wouldn’t be enough, but it’s a sliding scale where the line must be drawn somewhere even if it’s a fuzzy line.
What about an AI generated mashup of two people like those “what the child would look like” pictures back in the day. Does that violate both people or neither?
What about depicting a person older than they are now? That’s technically not somebody that exists, but might in the future.
What if you use AI but make it look like it’s hand-drawn or a cartoon?
What if you use AI to create sexual voice clips of a real person but use images that don’t look like them or no image at all?
There are just so many possibilities and questions that I feel it might be impossible to legislate in a way that isn’t always 10 steps behind or has a million unforeseen consequences.
I have a hard time accepting this as a crime. What if the illustration hand-drawn, or clothed but still sexual in character? Is caricature illegal, by this standard?
You’d better not have a particularly vivid imagination or else you’ll be prosecuted for daydreaming.
Yea, this is a funny thing to think about.
You can jerk off to photos of people, you can imagine some wild things involving other people etc.
If you just create some deepfake porn to masturbate by yourself to, I don’t see a big problem with that.
The only issue I can find is, that due to neglect someone else sees it, or even hears about it.
The problem starts with sharing. Like it would be sexual harassment to tell people who you are masturbating to, especially sharing with the “actors” of your fantasies.
There is however another way this could go:
Everyone can now share nudes with way less risk.
If anyone leaks them, just go: “That’s a deepfake. This is obviously a targeted attack by the heathens of the internet, who are jealous of my pure and upstanding nature. For me only married missionary with lights out.”
Ooohh, can’t wait to see us waste billions of dollars deliberating what is acceptable just like with copyright law.
This is another law that only exists to protect rich people. Poor people can’t afford a lawyer and don’t have time to show up in court.
You seriously can’t see why deep fakes are a serious problem to everyone?
This law won’t protect just rich.
Imagine the chaos as some idiot teen creates a deep fake of some other teen in a compromising position.
Go talk to an attorney and see what they have to say about it.
This is why we should be making laws around likeness rights. If you damage somebody by publicly using their name to spread falsehoods, that’s defamation or libel. But, if you produce an image or video of their likeness instead of using their name, there’s no legal recourse. Makes no sense this day in age
Who decides how similar somebody is “allowed” to look to another? There are people who bear an uncanny resemblance to others. And what of identical twins? Can one sue the other if they do porn?
“Without consent.” I’m very curious who would consent to having deepfake porn made of themselves.
I can imagine a non-zero amount of people would consent to a deep-fake porn video of themselves having sex with some generic hot woman, just as one example.
Could be very lucrative if you are already in porn and want to make some money from your likeness. This guy’s gonna pay me $500 to make a video and I don’t even have to do anything?
Could also be very good for porn stars who have “aged out” but can still make videos using their younger bodies as weird as that may be.
