Douglas Harris, ‘Deepfakes: False Pornography Is Here and the Law Cannot Protect You’

ABSTRACT
It is now possible for anyone with rudimentary computer skills to create a pornographic deepfake portraying an individual engaging in a sex act that never actually occurred. These realistic videos, called ‘deepfakes’, use artificial intelligence software to impose a person’s face onto another person’s body. While pornographic deepfakes were first created to produce videos of celebrities, they are now being generated to feature other nonconsenting individuals – like a friend or a classmate. This Article argues that several tort doctrines and recent non-consensual pornography laws are unable to handle published deepfakes of non-celebrities. Instead, a federal criminal statute prohibiting these publications is necessary to deter this activity.

Douglas Harris, Deepfakes: False Pornography Is Here and the Law Cannot Protect You 17 Duke Law and Technology Review 99 (January 2019).

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