Child Pornography and Revenge Pornography Laws Stand No Chance Against Deepfakes Eryn Yuen
Abstract Deepfake technology is fast approaching a threshold where it will be impossible to discern whether videos are real or computer-generated. This poses a dilemma as proponents of Free Speech have fiercely advocated against its regulation. However, along with the rise in concern of revenge pornography, Deepfake technology further complicates the issue by making it possible for one to falsify pornographic content of a person. This may lead to severe trauma and professional consequences for unsuspecting victims. Deepfake technology has recently been given some boundaries; for example, Deepfake child pornography has been deemed federally obscene, but current laws make it difficult for adult victims of Deepfake revenge pornography to protect themselves. This article first traces the history of legislation against child pornography and revenge pornography, identifying individual rights that protect potential victims as well as the rights many are using to advocate against increased legislation. It then moves on to discuss these rights in the context of newfound Deepfake technology and creates recommendations for increased legislation.
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