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TikTok ran a deepfake ad of an AI MrBeast hawking iPhones for $2 — and it's the 'tip of the iceberg'
(www.businessinsider.com)
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this post was submitted on 04 Oct 2023
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It's fraud to use it for financial gain, however it's not illegal to directly copy someone's likeness for non business uses.
You can legally make videos of people saying or doing things that hadn't, and as this technology gets more advanced we will see more of its effects. Politics will be very tricky when you can upload a video of Presidents or candidates saying literally anything.
Not only that, but make someone commit a crime on camera? Even if you aren't trying to get them prosecuted, it could lead to severe issues. You could ruin someone's career by making them scream slurs at someone in a Starbucks or make videos of them being abusive to their families.
You can argue its slander and libel, but where does that fall into AI? What's the line? What if I make a joke song with someone's voice? What if I make a joke video that has them doing horrible things? What's the line?
Slander and libel laws don't have clearer distinctions when it comes to AI voice and video synth
I also think there should be distinctions here. This isn't just slapping someone's face onto an ad with a fake quote, this is creating a video of them saying something they never said using a technology that doesn't just inch closer, but makes leaps and bounds towards being indistinguishable from reality
Trashing someone's reputation I would imagine, especially if they're a public figure that relies on their reputation monetarily.
These laws require that there is intent to cause harm to a reputation
How do you deal with cases where these AI cause damage financially but you can't prove or prosecute on intent?
IANAL, but not asking for permission to use their image/persona shows intent?
So any and all memes made with someone's face are illegal?
I think the dividing line is if the purpose was to make income or just do satire.
But having said that, it's a Brave New World we are all moving into.
So, never mind the fact that almost any use case is going to be for political or financial gain. Let's just take the Mr Beast example here.
It's an ad. It's being used for financial gain, because it's an ad. Either somebody is actually selling $2 iPhones (doubtful), or it's a scam. Scams are also illegal, under various kinds of laws. Unfortunately, scams are usually committed in other countries.
This is an ad on a Chinese social media platform. Who's going to enforce getting rid of this shit on a Chinese social media platform? Yeah, I know you're going to point out that TikTok US is technically a US company, but we all know who really owns ByteDance and TikTok.
A federal investigation on this matter is going to point to TikTok US and then lead nowhere because the scam was created in China.
in most countries you cannot. Making a fake of someone saying something they didn't is slander at the minimum.