{"id":5495,"date":"2018-02-14T12:04:50","date_gmt":"2018-02-14T16:04:50","guid":{"rendered":"http:\/\/ncjolt.org\/?p=5495"},"modified":"2020-06-04T20:52:33","modified_gmt":"2020-06-04T20:52:33","slug":"deepfakes-technology-pornography-laws","status":"publish","type":"post","link":"https:\/\/journals.law.unc.edu\/ncjolt\/blogs\/deepfakes-technology-pornography-laws\/","title":{"rendered":""Deepfakes" Technology and Pornography Laws"},"content":{"rendered":"

\u201cDeepfakes technology\u201d<\/a> uses machine learning to doctor film and replace the face of one person with the face of another. It does so by condensing the film editing task into three, easy steps:<\/a> (1) \u201cgather a photoset of a person;\u201d (2) \u201cchoose a video to manipulate;\u201d (3) wait for your computer to do the rest. There are several different softwares available to create Deepfakes. One software, dropped less than a month ago, already has 100,000 downloads<\/a>. The softwares are most commonly being used to take celebrities\u2019 faces and put them on iconic characters<\/a>. However, a far more insidious use of the software is taking celebrities\u2019 faces and placing them over the faces of adult film actors<\/a>. Considering that the software works on anyone\u2019s face, so long as the user obtains a set of clear photos of the person, which is easier than ever with sites like Facebook, Instagram, and Snapchat, any person can use the software.<\/p>\n

Thus far, no one has taken legal action to have the videos removed. Under current law, it is unclear whether the videos can be considered nonconsensual porn.<\/p><\/blockquote>\n

Most people are familiar with the concept of \u201crevenge porn,\u201d<\/a> defined as posting \u201c[r]evealing or sexually explicit images or videos of a person . . . on the Internet\u201d \u201cwithout the consent of the subject,\u201d and \u201cin order to cause them distress or embarrassment.\u201d However, because people also post revealing or nude content without consent for non-revenge reasons, for example, profit, thirty-four states and the District of Columbia passed legislation making \u201cnonconsensual pornography\u201d<\/a> a crime. Nonconsensual pornography laws provide greater protections to adult victims who, unlike minors, do not receive additional protection under federal and state laws against child pornography<\/a>.
\nLaws prohibiting nonconsensual porn vary by jurisdiction, and because they are fairly new, have gaps that allow acts of nonconsensual porn to slip through the cracks. If, for example, someone was to post a nonconsensual nude photo where they used emojis to cover the victim\u2019s private areas, in many jurisdictions, the nude image \u201cwould likely fall outside a criminal statute\u2019s definition of pornography.\u201d<\/a> Considering that actual nude photos may fall outside of the laws\u2019 scope, the emergence of \u201cDeepfakes\u201d technology is particularly concerning.<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cDeepfakes technology\u201d uses machine learning to doctor film and replace the face of one person with the face of another. It does so by condensing the film editing task into three, easy steps: (1) \u201cgather a photoset of a person;\u201d (2) \u201cchoose a video to manipulate;\u201d (3) wait for your computer to do the rest. …<\/a><\/p>\n","protected":false},"author":1,"featured_media":5496,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[51],"tags":[],"_links":{"self":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/5495"}],"collection":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/comments?post=5495"}],"version-history":[{"count":1,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/5495\/revisions"}],"predecessor-version":[{"id":6979,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/posts\/5495\/revisions\/6979"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/media\/5496"}],"wp:attachment":[{"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/media?parent=5495"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/categories?post=5495"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/journals.law.unc.edu\/ncjolt\/wp-json\/wp\/v2\/tags?post=5495"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}