After what feels like a hundred false dawns, this could finally be the year that AI goes mainstream. In the four months since it launched ChatGPT has attracted hundreds of millions of users while embarrassing some of the most established players in tech with its uncanny ability to generate realistic and intelligent-sounding text.
But as a lawyer I was struck by another recent AI story that made the news earlier this month when content creator Brandon “Atrioc” was caught on a stream with a deepfake pornography subscription service open in his browser. Not only that, but the deepfakes he was generating featured other popular creators in gaming space – many of them online friends of Atrioc.
It was a reminder that for all of Generative AI’s potential use cases – from restoring speech to those with medical conditions to bringing us new Elvis tracks – it will put us into a world where anyone with an app can generate convincingly spoofed content. By the end of the decade, we will be living in a world where synthetic media is dominant, and where a new and now unimaginable class of harms will be facing us. According to one estimate, 96% of existing deepfakes are pornographic, and the majority target women.
The law and deepfake porn
There is no federal law tackling deepfake porn, which means the ability to bring criminal or civil charges differs between states. California and Virginia have laws that allow victims of deepfakes to sue, but the internet isn’t delineated around state...
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