The creation of sexually explicit deepfake content is likely to become a criminal offense in England and Wales as concern grows over the use of artificial intelligence to exploit and harass women.
I have a hard time accepting this as a crime. What if the illustration hand-drawn, or clothed but still sexual in character? Is caricature illegal, by this standard?
I wonder what happens when it just accidentally looks like someone but was intended to be a fictional person. Also, how much can you base it on a real person before it's considered a deep fake of that person? Would race-swapping be enough to make it a "new" person so it's not illegal anymore? My intuition is that just eye colour or something wouldn't be enough, but it's a sliding scale where the line must be drawn somewhere even if it's a fuzzy line.
What about an AI generated mashup of two people like those "what the child would look like" pictures back in the day. Does that violate both people or neither?
What about depicting a person older than they are now? That's technically not somebody that exists, but might in the future.
What if you use AI but make it look like it's hand-drawn or a cartoon?
What if you use AI to create sexual voice clips of a real person but use images that don't look like them or no image at all?
There are just so many possibilities and questions that I feel it might be impossible to legislate in a way that isn't always 10 steps behind or has a million unforeseen consequences.
There's already laws against using someone's likeness for commercial purposes without their consent, I'm guessing this will require the same fuzzy cutoff and basically just be up to the jury to decide or the judge to dismiss.
This is why we should be making laws around likeness rights. If you damage somebody by publicly using their name to spread falsehoods, that's defamation or libel. But, if you produce an image or video of their likeness instead of using their name, there's no legal recourse. Makes no sense this day in age
Who decides how similar somebody is "allowed" to look to another? There are people who bear an uncanny resemblance to others. And what of identical twins? Can one sue the other if they do porn?
I can imagine a non-zero amount of people would consent to a deep-fake porn video of themselves having sex with some generic hot woman, just as one example.
Could be very lucrative if you are already in porn and want to make some money from your likeness. This guy's gonna pay me $500 to make a video and I don't even have to do anything?
Could also be very good for porn stars who have "aged out" but can still make videos using their younger bodies as weird as that may be.