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Deepfake technology uses artificial intelligence to realistically manipulate videos by splicing one person's face onto another's. While this technology has innocuous usages, some perpetrators have instead used it to create deepfake pornography. These creators use images ripped from social media sites to construct-or request the generation of-a pornographic video showcasing any woman who has shared images of herself online. And while this technology sounds complex enough to be relegated to Hollywood production studios, it is rapidly becoming free and easy-to-use. The implications of deepfake pornography seep into all facets of victims' lives. Not only does deepfake pornography shatter these victims' sexual privacy, its online permanency also inhibits their ability to use the internet and find a job. Although much of the scholarship and media attention on deepfakes has been devoted to the implications of deepfakes in the political arena and the attendant erosion of our trust in the government, the implications of deepfake pornography are equally devastating. This Note analyzes the legal remedies available to victims, concludes that none are sufficient, and proposes a new statutory and regulatory framework to provide adequate redress.
THE NEXT ITERATION OF REVENGE PORNOGRAPHY
One late night, eighteen-year-old Noelle Martin performed a reverse Google image2 search on herself, only to discover that hundreds of images of her face had been grafted onto the bodies of pornography actresses engaged in sexual acts.3 She had never even had a boyfriend- much less shared nude photographs of herself.4 These falsified photos and videos were accompanied by her name and home address, all of which could be found by simply searching her name on the internet.5
Like an ever-growing number of women, Martin had been victimized by deepfake pornography.6 Deepfake technology uses artificial intelligence to realistically manipulate videos by splicing one person's face onto another's.7 Consider this technology to represent the next iteration of revenge pornography: instead of leaking a nude image initially shared privately, the perpetrator can create-or request the creation of8-a pornographic video starring any woman who has shared images of herself, clothed or not, on social media. And while this technology sounds complex enough to be relegated to Hollywood production studios, it is rapidly becoming free and easy-to-use. Deepfake pioneer Hao Li predicted in September 2019 that deepfake technology will...