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Man Arrested for Sharing Copyright Infringing Nude Scenes Through Reddit.
(torrentfreak.com)
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this post was submitted on 06 Sep 2024
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It will be interesting to see that tested in court. I don't think anyone would complain about for example a pencil sketch of a naked celebrity, that would be considered free speech and fair use even if it is a sketch of a scene from a movie.
So where does the line go? If the pencil sketch is legal, what if you do a digital sketch with Adobe illustrator and a graphics tablet? What if you use the Adobe AI function to help clean up the image? What if you take screen grabs of a publicity shot of the actor's face and a nude image of someone else, and use them together to trace the image you end up painting? What if you then use AI to help you select colors and help shading? What if you do each of those processes individually but you have AI do each of them? That is not very functionally different from giving an AI a publicity shot and telling it to generate a nude image.
As I see it, The only difference between the AI deepfake and the fake produced by a skilled artist is the amount of time and effort required. And while that definitely makes it easy to turn out an awful lot of fakes, it's bad policy to ban one and not the other simply based on the process by which the image was created.
It's messy legislation all around. When does it become porn vs art vs just erotic or satirical? How do you prove it was a deep fake and not a lookalike? If I use a porn actress to make a deep fake is that also illegal or is it about how the original source content was intended to be used/consumed?
I'm not saying that we should just ignore these issues, but I don't think any of this will be handled well by any government.
Actually I was thinking about this some more and I think there is a much deeper issue.
With the advent of generative AI, photographs can no longer be relied upon as documentary evidence.
There's the old saying, 'pics or it didn't happen', which flipped around means sharing pics means it did happen.
But if anyone can generate a photo realistic image from a few lines of text, then pictures don't actually prove anything unless you have some bulletproof way to tell which pictures are real and which are generated by AI.
And that's the real point of a lot of these laws, to try and shove the genie back in the bottle. You can ban deep fake porn and order anyone who makes it to be drawn in quartered, you can an AI watermark it's output but at the end of the day the genie is out of the bottle because someone somewhere will write an AI that ignores the watermark and pass the photos off as real.
I'm open to any possible solution, but I'm not sure there is one. I think this genie may be out of the bottle for good, or at least I'm not seeing any way that it isn't. And if that's the case, perhaps the only response that doesn't shred civil liberties is to preemptively declare defeat, acknowledge that photographs are no longer proof of anything, and deal with that as a society.
One solution that's been proposed is to cryptographic ally sign content. This way someone can prove they "made" the content. It doesn't prove the content is real, but means you can verify the originator.
However, at the end of the day, you're still stuck with needing to decide who you trust.
Probably the best idea yet. It's definitely not foolproof though. Best you could do is put a security chip in the camera that digitally signs the pictures, but that is imperfect because eventually someone will extract the key or figure out how to get the camera to sign pictures of their choosing that weren't taken by the camera.
A creator level key is more likely, so you choose who you trust.
But most of the pictures that would be taken as proof of anything probably won't be signed by one of those.