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09 February 2024 / David Locke
Issue: 8058 / Categories: Opinion , Criminal , Cyber , Cybercrime , Artificial intelligence
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Taking down the deepfakes

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Legislating against deepfake images seems necessary, but the practicalities are complex, writes David Locke
  • Considers the creators and publishers of deepfakes, and the respective challenges when it comes to prosecuting.
  • Explains the various factors governing the offence threshold that complicate legislative intervention.

The circulation of AI-generated ‘deepfakes’ of Taylor Swift has prompted calls for urgent legislative intervention. Even the White House was moved to offer its support for criminalisation, apparently failing to recognise its own failure to take action despite the proliferation of deepfake technology for many years. However, translating the outrage into workable legislation will prove a significant challenge on both sides of the Atlantic.

The creator

Various deepfake AI programmes are openly accessible online. Anyone can visit a hosting website and request the creation of an image. Typically this is done by selecting preferences across various categories, but leaving significant latitude in respect of the final design. The AI programme will then produce the image. Herein lies a difficulty that is both literal and philosophical:

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

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Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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