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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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NEWS
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
The European Council has postponed the EU-UK summit, where discussions on a youth mobility scheme and other issues had been due to take place, due to Prime Minister Keir Starmer’s resignation
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