Political Deepfakes and The Limits of the Law
30 Pages Posted: 27 Aug 2024
Date Written: July 24, 2024
Abstract
Audio and video political deepfakes are increasing in their technical quality, and decreasing in their costs of production. The broad dissemination of political deepfakes can be nearly instantaneous, and carefully timed. Deepfake technology much more generally can, admittedly, be used for good, as well as for ill. But the law is beginning to recognize that deepfake technology poses serious social and political problems. The technology, and the legal problems associated with deepfakes, will doubtless continue to evolve, further enhancing the risks to our legal and political system. Deepfakes, in the form of sophisticated forged political audio and video, already pose a serious threat to meaningful electoral democracy, nationally and globally. As deepfakes become increasingly indistinguishable from authentic political communications, meaningful democracy will be increasingly threatened. The crucial question is whether some combination of emerging technological responses and the law, as the law currently stands, and as it might reasonably be reformed, can adequately meet this threat. We take up this question herein, and ultimately provide an alternative approach that emphasizes the need for a broader cultural adaptation.
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