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Fake Photos, Real Harm: AOC and the Fight Against AI Porn
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this post was submitted on 09 Apr 2024
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Unfortunately, I don't know that there is much to be done at this point. Even if every form of deepfakery were outlawed in the U.S., people would just do it via another country that allows it. They could hide what they were doing with a VPN.
The only way to even come close to truly combating this would be an international treaty. And even then, I think it's highly unlikely to get all of the nations to sign on to it, so people would just do it via Belarus or something.
Even detection tools will not do the trick, because, just like with malware, it will be a never-ending battle between detection tools and the deepfakes' ability to avoid detection tools.
At best, we can stop the wound from gushing so much.
Treat the problem like cp. There is plenty to be done at this point. Not being able to fix it 100% doesn't mean we shouldn't try to fix it at all.
If someone completely independently generates and distributes pornography that ends up looking too much like a real person, and someone else downloads and keeps that image, should the downloader be prosecuted? That's what it's going to come down to, I think. If you want a law that requires intent, it will be too difficult to prove, and if you want a law that does not require intent, it may be a big overreach.
It's easier to write the law for CSAM because you have to be pretty fucked in the head to want to look at that in the first place. Making possession of it illegal isn't interfering with normal human activity.
Those are pretty good concerns. Wonder if meta data about the model used and the prompt data could be required to address the issue of intent. I do think that accidental downloading would have to be an exception but if it's clearly labelled/advertised I think that downloading could still be targeted.
Sure, but then that's a home run for every defense lawyer assigned to these. "Your honor, my client thought they were real photos she published," becomes a legitimate defense. "My client didn't realize a real person was involved at all, he thought the image was entirely fictitious." People publishing AI fakes aren't going to add exif data, and requiring meta data on AI generated images sounds like its own separate overreach.
I'd say for the sake of not jailing the innocent that letting the ones that can plausibly deny beat the charges is what we'd have to accept. I think that requiring that meta data would certainly be a significant new requirement but it doesn't necessarily make it an overreach. I believe that pornography production has to provide verification of the age of their participants and every porn site has some legal statement about the age of the people depicted. Categorize the meta data requirements similarly.