Suing Deepfakes: Legal Strategies for Victims of AI-Generated Revenge Porn
According to a recent survey, one in 25 Americans have been victimized by revenge porn – the distribution of intimate or sexual images or videos without consent. With the rise of artificial intelligence, a new form of revenge porn has emerged known as “deepfakes”. Deepfakes use AI algorithms to seamlessly superimpose a person’s face onto another individual in a video, making it appear as though they are participating in sexual acts they never actually engaged in. This technology has serious implications for victims and raises questions about the legal avenues available for seeking justice. In this article, we will explore the legal strategies victims of AI-generated revenge porn can pursue to hold perpetrators and platforms accountable.
Understanding Deepfakes and their Impact on Victims
Deepfakes use AI and machine learning techniques to manipulate and alter videos, often with malicious intent. These videos can be used to create fake news, cyberbullying, and in the case of revenge porn, to humiliate and defame victims. The use of AI technology makes it difficult for viewers to distinguish between a real and fake video, often leading to the spread of false and harmful content.
The Impact of AI-Generated Revenge Porn on Victims
The consequences of AI-generated revenge porn can be devastating for victims, both personally and professionally. It can lead to emotional distress, loss of employment and reputation, and even result in physical harm. As these videos can be shared and replicated quickly and easily, it can be nearly impossible for victims to fully remove them from the internet, leading to constant fear and anxiety.
Federal and State Laws Against Deepfakes and Revenge Porn
While there is currently no specific federal law criminalizing deepfakes and revenge porn, there are several applicable laws that can be used to prosecute perpetrators:
State Criminal Laws
Many states have laws in place specifically targeting revenge porn. As of 2021, 46 states have passed laws criminalizing the non-consensual distribution of intimate images or videos. These laws vary in their definitions, penalties, and requirements for proving non-consent.
State Civil Laws
In addition to criminal laws, victims of deepfake revenge porn can also pursue civil action against perpetrators. These civil laws, often referred to as “revenge porn laws”, provide victims with the right to sue for damages, including emotional distress and loss of income.
Federal Cyber Harassment Laws
Other federal laws, such as the Cyber Civil Rights Initiative, have provisions specifically addressing the distribution of intimate images without consent. These laws make it illegal to knowingly distribute sexually explicit images of an individual without their consent, regardless of the medium used.
Legal Strategies for Victims
1. Reporting to Law Enforcement
If you are a victim of deepfake revenge porn, it is important to first report the incident to your local law enforcement. This will initiate a criminal investigation and may result in the removal of the videos and prosecution of the perpetrator.
2. Pursuing Civil Action
Victims can also pursue civil action against perpetrators and platforms that host and distribute the deepfake videos. This can include seeking damages for emotional distress, loss of income, and punitive damages. However, civil lawsuits can be lengthy and expensive, making it important to carefully consider the potential outcomes before pursuing this legal strategy.
3. Contacting Tech Companies
Due to the nature of deepfake technology, the responsibility to prevent and remove these videos falls largely on tech companies. Victims can contact social media and hosting platforms to report the videos and request their removal. While this may not always be successful, it can be a helpful step in reducing the spread of the deepfake and holding the platforms accountable.
4. Working with Advocacy Groups
There are a growing number of advocacy groups and organizations dedicated to fighting deepfake revenge porn and supporting victims. These groups can provide legal assistance, resources, and support for victims seeking justice.
Conclusion
The rise of deepfakes has created a new and frightening form of revenge porn that can have far-reaching and devastating consequences for victims. While there are currently limited legal protections in place, victims can pursue a variety of legal strategies to hold perpetrators and platforms accountable. It is necessary for lawmakers and tech companies to continue to address this issue and provide better protections for victims in the future.
