Attorney at WilmerHale; Senior Fellow, National Security Institute; George Mason University, Term Member; Council on Foreign Relations. I write on disinformation, deepfakes, and potpourri. Views are mine but could be yours.
Trying to learn a new platform...slowly
On that other network here: https://twitter.com/MatthewFFerraro
It was a true pleasure to speak with #Sarahkrouse of @WallStreetJournalBot on #deepfakes and #generativeAI:
""This woke everyone up." AI tools such as ChatGPT are transforming Hollywood and raising questions of ownership, from SpongeBob to Tom Cruise's likeness."
I am very much looking forward to this event on Wed Mar 22 at 12:15 ET via Zoom:
"#Deepfakes: Navigating the Information Space in 2023 and Beyond" with Beth Sanner, formerly of #ODNIgov, https://mas.to/@brittparis, of #Rutgers and @MinerPhD of #BelferCenter
https://www.belfercenter.org/event/deepfakes-navigating-information-space-2023-and-beyond
13 Posts, 57 Following, 163 Followers · Asst. Professor of Library and Information Science at Rutgers School of Communication & Information. Political economy, time, Internet infrastructure, STS, solidarity. /views mine/
I'm very proud of this piece, "The Top 10 Legal and Business Risks of Chatbots and Generative AI", co-written with my #WilmerHale
colleagues Natalie Li Haixia Lin & Louis Tompros
We look broadly at #ChatGPT/#AI #business & #legal risks. Pls take a look!
https://www.wilmerhale.com/en/insights/client-alerts/20230227-the-top-10-legal-and-business-risks-of-chatbots-and-generative-ai
As generative AI advances, companies will face a number of legal and ethical risks, both from malicious actors leveraging this technology to harm businesses and when businesses themselves wish to implement chatbots or other forms of AI into their functions.
This is a great piece on the #deepfake regulation landscape by @tiffkhsu: "As #Deepfakes Flourish, Countries Struggle With Response" https://nytimes.com/2023/01/22/business/media/deepfake-regulation-difficulty.html?smid=tw-share
A few additional angles
- Two states now protect property rights in digital likenesses, NY (for celebrities after death) and LA (all people at all times). I expect more states to follow
- Congress has adopted 4 laws to require research/reports on #deepfakes More likely to come
- While, as @tiffkhsu writes, the EU doesn't have #deepfake-specific laws, nonconsensual #deepfakes probably qualify as personal data under the #GDPR, the Audiovisual Media Services Directive sets forth common rules covering ads and minors protection, and the AI Act is forthcoming
- #Taiwan is close to enacting a strong anti-#deepfake porn law
- In the USA, forthcoming decisions by the US Copyright Office and the US Supreme Court will help clarify what kind of AI-generated work is protected by copyright and when #deepfakes are "fair use."
Watch this space!
#NewYork State Sen. @MichelleHinchey introduced on Jan. 9 filed a new bill S1042 to prohibits the unlawful dissemination or publication of intimate images created by digitization (#deepfakes) and of sexually explicit depictions of an individual.
This bill is similar to a 2020 law that amended NY civil rights law to establish a private right action for the unlawful dissemination/publication of a “sexually explicit depiction of an individual.” A “depicted individual” means someone who appears digitized, like in a #deepfake
On the existing #NewYork #deepfake law, see here by me and @LouisTompros of @WilmerHale: https://www.wilmerhale.com/en/insights/publications/20210308-new-yorks-right-to-publicity-and-deepfakes-law-breaks-new-ground
I was delighted to share with @eriqgardner of Puck News my year-end prediction on #deepfakes and #generativeAI on courtroom #evidence.
https://puck.news/will-s-b-f-make-a-deal/
It was a privilege to be quoted alongside so many attorneys I admire.
My WilmerHale colleague Brent Gurney & I discuss this issue in a recent article for Law360:
In this piece for #law360, Brent Gurney and I of #WilmerHale dig into a growing issue: concerns over #deepfakes in the courtroom.
In several recent high-profile trials, defendants have sought to cast doubt on the reliability of video evidence by suggesting that #artificialintelligence may have surreptitiously altered the videos.
These challenges are the most notable examples yet of defendants leveraging the growing prevalence in society of #AI-manipulated media to question evidence that, until recently, many thought was nearly unassailable.
These challenges will only get more prominent with the rise of #GenerativeAI (see e.g., #OpenAI
#ChatGPT, etc.)
#Jan6 defendants like Joshua Christopher Doolin and Guy Reffitt raised concerns over #deepfake evidence, as did Kyle Rittenhouse and prosecutors (briefly) in the "Pennsylvania Cheer Mom Case".
How can litigants prepare for litigation in a post-truth age? In light of recent experience, consider the following best practices.
For Litigants Proffering Evidence
- Follow Federal Rules of Evid 902(13)-(14)
- Do not take any evidence for granted
- Provide circumstantial evidence to help establish the authenticity of open-source imagery
- Prepare forensic witnesses to address questions around #deepfakes
- Be knowledgeable about the technology you are using.
For Adverse Parties
- Review disclosed evidence in advance of the trial.
- If media is questionable, consider retaining an expert to explain why it may be inauthentic.
- Have a good faith basis to question any evidence.
Attorneys must act consistent with the Rules of Evid & with their duties as public citizens with special responsibility for the quality of justice to zealously represent their clients, while not recklessly undermining the idea of epistemic truth in an era riven by heedless doubt.
It was a pleasure to speak on this panel for @SynthFutures on the Future of Film - Legal issues with @thibverbiest & Jordan Manekin
https://t.co/EHRDY3mzrf
We discuss #deepfakes,#AI, #IP rights and governance issues
