AI deepfakes are cheap, easy, and coming for the 2024 election

Legal Frameworks

The current legal landscape surrounding AI technology, particularly deepfakes, is a patchwork of state and federal laws, with varying degrees of effectiveness. Adi Robertson explains that while some states have enacted laws addressing non-consensual AI pornography and manipulated images in elections, there is no comprehensive federal framework yet 1. The complexity of these issues is further highlighted by the challenges in applying existing copyright laws to AI-generated content, as there is no original work to claim ownership over 1.

The idea that someone should be in absolute control of a photograph of themselves has only gained prominence over time.

--- Nilay Patel

Likeness laws, primarily at the state level, attempt to address these issues, but they often clash with First Amendment rights, making it difficult to create a one-size-fits-all solution 2.

   

Legislative Efforts

Proposed legislation in Congress aims to tackle the misuse of AI, particularly deepfakes, but faces significant challenges. Two bills, the No Fakes Act and the Defiance Act, seek to restrict the creation and distribution of non-consensual and fraudulent AI-generated images 3. However, Adi Robertson notes that these efforts risk infringing on constitutionally protected speech, such as satire and political commentary 3.

We want to create a giant federal likeness law. And I think that's much riskier.

--- Adi Robertson

Defamation law is another avenue being explored, as it provides a framework for addressing false and damaging representations. Yet, as Nilay Patel points out, defamation law is complex and often favors those with the resources to pursue legal action 4.