Deep Fakes: A Looming Challenge for Privacy, Democracy, and National Security
68 Pages Posted: 21 Jul 2018 Last revised: 17 Dec 2019
Robert Chesney
University of Texas School of Law
Danielle Keats Citron
University of Virginia School of Law
Date Written: July 14, 2018
Abstract
Harmful lies are nothing new. But the ability to distort reality has taken an exponential leap forward with “deep fake” technology. This capability makes it possible to create audio and video of real people saying and doing things they never said or did. Machine learning techniques are escalating the technology’s sophistication, making deep fakes ever more realistic and increasingly resistant to detection. Deep-fake technology has characteristics that enable rapid and widespread diffusion, putting it into the hands of both sophisticated and unsophisticated actors. While deep-fake technology will bring with it certain benefits, it also will introduce many harms. The marketplace of ideas already suffers from truth decay as our networked information environment interacts in toxic ways with our cognitive biases. Deep fakes will exacerbate this problem significantly. Individuals and businesses will face novel forms of exploitation, intimidation, and personal sabotage. The risks to our democracy and to national security are profound as well. Our aim is to provide the first in-depth assessment of the causes and consequences of this disruptive technological change, and to explore the existing and potential tools for responding to it. We survey a broad array of responses, including: the role of technological solutions; criminal penalties, civil liability, and regulatory action; military and covert-action responses; economic sanctions; and market developments. We cover the waterfront from immunities to immutable authentication trails, offering recommendations to improve law and policy and anticipating the pitfalls embedded in various solutions.
Keywords: Deep Fake, Deep Fakes, deepfake, deepfakes, Section 230, CDA, Communications Decency Act, fake news, democracy, privacy, sexploitation, gendered violence, social media, cognitive bias, filter bubble, truth decay, information operations, psyops, First Amendment, speech, expression, democracy
Suggested Citation: Suggested Citation
Robert Chesney (Contact Author)

University of Texas School of Law ( email )
727 East Dean Keeton Street
Austin, TX 78705
United States
Danielle Keats Citron

University of Virginia School of Law ( email )
580 Massie Road
Charlottesville, VA 22903
United States
Do you have a job opening that you would like to promote on SSRN?
Related eJournals
-
University of Maryland Francis King Carey School of Law Legal Studies Research Paper Series
University of Maryland Francis King Carey School of Law Legal Studies Research Paper Series
Subscribe to this free journal for more curated articles on this topic
FOLLOWERS4,947PAPERS812 -
University of Texas School of Law Legal Studies Research Paper Series
University of Texas School of Law Legal Studies Research Paper Series
Subscribe to this free journal for more curated articles on this topic
FOLLOWERS3,594PAPERS986This Journal is curated by:Melissa F. Wasserman at The University of Texas at Austin - School of Law -
U.S. Constitutional Law: Rights & Liberties eJournal
U.S. Constitutional Law: Rights & Liberties eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS2,115PAPERS15,375This Journal is curated by:Matthew D. Adler at Duke University School of Law, Brian Bix at University of Minnesota Law School -
Cyberspace Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS2,028PAPERS12,498This Journal is curated by:Peter Swire at Georgia Institute of Technology - Scheller College of Business, Jonathan L. Zittrain at Harvard Law School and Harvard Kennedy School of Government, Kalie Mayberry at Harvard University - Harvard Law School -
Legal Perspectives in Information Systems eJournal
Legal Perspectives in Information Systems eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS1,873PAPERS5,877 -
Criminal Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS1,310PAPERS7,906This Journal is curated by:Paul H. Robinson at University of Pennsylvania Carey Law School -
U.S. Administrative Law eJournal
U.S. Administrative Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS978PAPERS6,618This Journal is curated by:William Funk at Lewis & Clark Law School -
Torts & Products Liability Law eJournal
Torts & Products Liability Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS816PAPERS8,587This Journal is curated by:Keith N. Hylton at Boston University - School of Law -
Law & Society: Legislation eJournal
Law & Society: Legislation eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS815PAPERS7,977This Journal is curated by:Luis E. Fuentes-Rohwer at Indiana University Maurer School of Law -
National Security & Foreign Relations Law eJournal
National Security & Foreign Relations Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS685PAPERS11,002This Journal is curated by:Oren Gross at University of Minnesota Law School -
Information Privacy Law eJournal
Information Privacy Law eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS449PAPERS7,855This Journal is curated by:Daniel J. Solove at George Washington University Law School, Chris Jay Hoofnagle at University of California, Berkeley - School of Law -
Political Behavior: Cognition, Psychology, & Behavior eJournal
Political Behavior: Cognition, Psychology, & Behavior eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS425PAPERS7,211This Journal is curated by:Yusaku Horiuchi at Affiliation not provided to SSRN -
Artificial Intelligence - Law, Policy, & Ethics eJournal
Artificial Intelligence - Law, Policy, & Ethics eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS291PAPERS3,963This Journal is curated by:J. B. Ruhl at Vanderbilt University - Law School, Dennis D. Hirsch at Ohio State University (OSU) - Michael E. Moritz College of Law -
Law, Politics & the Media eJournal
Law, Politics & the Media eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS287PAPERS3,053This Journal is curated by:Keith J. Bybee at Syracuse University - College of Law -
Democratization: Building States & Democratic Processes eJournal
Democratization: Building States & Democratic Processes eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS266PAPERS3,250This Journal is curated by:Timothy William Waters at Indiana University - Maurer School of Law, Brian Dale Shoup at Mississippi State University - Department of Political Science and Public Administration -
Cybersecurity & Data Privacy Law & Policy eJournal
Cybersecurity & Data Privacy Law & Policy eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS205PAPERS6,561This Journal is curated by:Brian Ray at College of Law, Cleveland State University -
Decision-Making in Public Policy & the Social Good eJournal
Decision-Making in Public Policy & the Social Good eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS120PAPERS4,225 -
Communication & Technology eJournal
Communication & Technology eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS94PAPERS2,994 -
International Political Economy: Globalization eJournal
International Political Economy: Globalization eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS87PAPERS8,406 -
Communication Law & Policy eJournal
Communication Law & Policy eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS70PAPERS1,698 -
Decision-Making in Computational Design & Technology eJournal
Decision-Making in Computational Design & Technology eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS66PAPERS2,564 -
Political Economy - Development: Public Service Delivery eJournal
Political Economy - Development: Public Service Delivery eJournal
Subscribe to this fee journal for more curated articles on this topic
FOLLOWERS58PAPERS25,020