Shallowfake and deepfake media are AI technologies being used to distort peoples’ words and images in order to deceive mass viewers. And despite their growing ability to undermine influential individuals, legal recourse remains limited.
In his research, Samuel Hodge, published in Hofstra Law Review, notes the various challenges associated with holding creators of this fake media legally accountable. Not only is distribution protected on social media sites, but the first amendment also offers protection to this fake media, which are often considered satire or parody.
As this type of AI technology is still new, a strong legal precedent does not yet exist to inform what civil or criminal suits may be most applicable. Regardless, Hodge urges Congress to remediate the problem before it grows out of hand.