The Deepfake Challenge: Targeted AI Policy Solutions for States

Abstract

This study focuses on AI content authenticity issues such as deepfakes. It analyzes the evidence about the extent and nature of AI-enabled malicious content, finding it to be a serious, though often overstated, problem. It then analyzes how existing state and federal laws apply, asking centrally, "Is it already a crime to distribute malicious deepfakes?" The study finds that it often is a crime, but not always under some state common and statutory law. Thus, it suggests, a targeted legislative approach could be taken by either states or the federal government to deal with the problem.

Keywords: AI deepfakes, AI-generated content, AIgenerated fraud, AI misinformation, AI political misinformation, AI safety and policy, content authenticity, deepfake criminal liability, deepfake detection tools, deepfake legal framework, deepfake regulation, deepfake state laws, deepfake technology challenges, digital content provenance, digital watermarking, generative AI law enforcement, generative AI policy, metadata authenticity, synthetic content legislation, synthetic media regulation, technological standards for AI, watermarking standards

JEL Classification: L86, K24, O33, Z18, D86