Technology and the law: Catching up to the existential threat of deepfakes

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To fight back, Canada needs to criminalize the creation and dissemination of malicious deepfakes, even if the perpetrators are sometimes overseas

Except for the hapless employee, every one of the people in those videos was a fake. To be precise, a deepfake – a video, audio file or photograph created with generative artificial intelligence to deceptively mimic the appearance and/or voice of public figures and ordinary people in order to commit fraud, exact revenge, disrupt elections in foreign lands, or just plain cause havoc.

But what was new to Ms. Swift was already an unsettlingly common occurrence for girls and women who have become victims of deepfaked content spread on social media by malicious peers or ex-partners.Police laid no charges in the case for a variety of reasons, including the fact that Ottawa has yet to make it illegal to create and share malicious deepfake images and videos of any kind., if passed, restricts the sharing of deepfakes but only in the context of pornography and nude photos.

As generative AI continues to learn, the deepfakes it produces will become more and more difficult to pre-emptively detect before they go online. In a circular twist worthy of Hollywood, continuing efforts to use generative AI to identify deepfakes could have the unintended consequence of teaching AI how to avoid detection.

To fight back, Canada and its allies need to criminalize the creation and dissemination of malicious deepfakes, even if the perpetrators are sometimes overseas. As well, the provisions of the online harms bill that apply to deepfake porn and photos, in which platforms have 24 hours to respond to a request to remove harmful content, should be extended to all malicious deepfakes.

 

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