Deepfake Privacy: Attitudes and Regulation

Using only a series of images person’s face and publicly available software, it is now possible to insert the likeness into video show them saying or doing almost anything. This deepfake technology has permitted an explosion political satire and, especially, fake pornography. Several states have already passed laws regulating deepfakes, more are poised do so. Article presents three novel empirical studies that assess public attitudes towards this new technology. In our main study, representative sample U.S. adult population perceived nonconsensually-created pornographic videos as extremely harmful overwhelmingly wanted impose criminal sanction on those creating them. Labeling deepfakes fictional did not mitigate videos’ wrongfulness. contrast, participants considered nonpornographic substantially less wrongful when they were labeled depict inherently defamatory conduct (like illegal drug use). A follow-up study showed people sought both civil liability creation. second judge creation dissemination pornography be traditional nonconsensual pornography, otherwise known revenge porn, slightly morally blameworthy. Based types harms in these studies, we argue prohibitions should receive same treatment under First Amendment tradition rather than being dealt with less-protective law defamation. can likely via defamation law. Still, there may reason allow for enhanced penalties other regulations based greater harm perceive from written story.