A Comprehensive Review of the Legal Challenges Posed by Deepfake Technology

Abstract

Deepfake technology has steadily evolved since it’s creation in 2017 - the term refers to a form of technology that creates realistic digital falsifications using deep learning. This paper examines the impact the inception of deepfake technology will have on a legal basis as well as future implications on society. Due to the nature of deepfake technology, it is becoming increasingly accessible, raising ethical and legal concerns. Specifically, the technology can and has been misused in the context of nonconsensual pornography, misinformation, and threats to political stability. Taking this into consideration, the implementation of legislation is essential and has been attempted at both the federal and state level, and yet substantial gaps remain in the legal framework. Much of this paper explores current legislation including the Communications Decency Act and various attempts to address deepfake-related consequences. In addition to this, it emphasizes the societal implications and proposes a collaborative approach to developing a policy that safeguards against many of the dangers posed by deepfakes.