Although each state’s law is slightly different, there are general rules regarding anti-deepfake laws. Thank you to Ben Sobel for sharing this information through a working draft of his paper: A Real Account of Deep Fakes which can be found at www.bensobel.org
The following list of elements is required to prove civil or criminal liability across the United States:
- Addresses nonconsensual deepfakes depicting sex or nudity.
- Requires that the victim be identifiable.
- Forbids dissemination of a deepfake, but not mere creation or
possession. - Does not necessarily require intent to harm the depicted person.
- Applies only to images and videos and focuses on digitally altered media.
- Does not require that the deepfake be deceptive, and expressly forecloses
defenses based on a disclaimer that the deepfake is unauthorized and
ahistorical. - Applies only to photorealistic media.
I highlighted the two elements that should concern parents the most. First, sharing the deepfake is the key act. Second, sharing the deep fake to punish the person who made and/or sent the deep fake could create serious problems. In total, please remind your children that they should not share the deep fake with anyone other than law enforcement. Not even you.
And if your kids are not scared enough, then you should remind that child pornography and so many other laws could create even bigger problems.
David Seidman is the principal and founder of Seidman Law Group, LLC. He serves as outside general counsel for companies, which requires him to consider a diverse range of corporate, dispute resolution and avoidance, contract drafting and negotiation, and other issues. In particular, he has a significant amount of experience in hospitality law by representing third party management companies, owners, and developers.
He can be reached at david@seidmanlawgroup.com or 312-399-7390.
This blog post is not legal advice. Please consult an experienced attorney to assist with your legal issues.
Image from: 40 Fake People Quotes And Sayings With Images (centralofsuccess.com)
