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Explicit deepfake scandal shuts down Pennsylvania school
(arstechnica.com)
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this post was submitted on 20 Nov 2024
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I have mixed feelings about this prosecution of ai deepfakes.
Like obviously people should have protection against becoming a victim of such and perpetrators should be held accountable.
But the line “feds are currently testing whether existing laws protecting kids against abuse are enough to shield kids from AI harms” would be a incredibly dangerous precedent because those are mostly designed for actual physical sex crimes.
As wrong as it is to create and distribute ai generated sex imagery involving non consenting people it is not even remotely as bad as actual rape and distributing real photos.
Creating and distributing anything should be legal if no real person suffers during its creation and if it's not intended at defamation, forgery, such things.
How do you litigate 'intention' in this way?
intention is litigated every day. Intention is what differentiates murder from manslaughter. Intention is what differentiates free speech from defamation.
My understanding is that intention is not uncommonly litigated; I believe the question of "intent to deceive" is central to trademark law, for example. That's also what the the "degrees" of murder etc are about.
Disclaimer: I'm not a lawyer. I do read an awful lot of contacts and talk to lawyers.
This is not a legal text, you little cheat.
This is a sentence in natural language, want me to start asking such questions about everything you write?
If you make a deepfake of someone and share it, then it's defamation. Taking a picture voluntarily shared and editing it is not a crime.
By litigate I mean, if a person is creating something and says they don't plan to distribute it, do we take their word for it?
If it ends up getting distributed anyway, should we take their word that it was an accident?
We consider people's private data important enough that if you leak it even by mistake you are on the hook for that. You have a responsibility.
I think that rather than framing this as something harmless unless distributed and therefore intent to distribute matters, we should treat it as something you have a responsibility not to create because it will be harmful when it is inevitably distributed.