FTC wants to revise rules to deal with deepfakes

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Motivated by the growing threat of deepfakes, the FTC is looking to do so Revised An existing rule that bans impersonation of businesses or government agencies applies to cover all consumers.

The revised rule – based on the final language and the public comments the FTC received – could make it unlawful for GenAI platforms to provide goods or services that they know or have reason to know will be used for impersonation. This is being done to cause harm to consumers.

“Fraudsters are using AI tools to impersonate individuals with extreme precision and at a very broad scale,” FTC Chairwoman Lina Khan said in a press release. “With voice cloning and other AI-powered scams on the rise, it is more important than ever to protect Americans from impersonation fraud. Our proposed expansion to the final impersonation rule would do just that, strengthening the FTC’s toolkit to address AI-enabled scams that impersonate individuals.

It’s just people don’t like it Taylor Swift Who has to worry about deepfakes. There are online romance scams involving deepfakes on the rise, and are scammers impersonating employees To withdraw cash from corporations.

recently vote From YouGov, 85% of Americans said they were very or somewhat concerned about the spread of misleading video and audio deepfakes. a separate survey The Associated Press-NORC Center for Public Affairs Research found that nearly 60% of adults think AI tools will increase the spread of false and disinformation during the 2024 U.S. election cycle.

Last week, my colleague Devin Koldewey Covered The FCC’s move to make AI-voiced robocalls illegal by reinterpreting an existing rule prohibiting artificial and pre-recorded message spam. In light of a deepfake phone campaign President Biden employed to prevent New Hampshire citizens from voting, the rule change – and the FTC’s move today – are the current extent of the federal government’s fight against deepfakes and deepfaking technology. .

No federal law bans deepfakes outright. High-profile victims such as celebrities could theoretically turn to more traditional existing legal remedies to fight back, including copyright law, equality rights, and torts (e.g. invasion of privacy, intentional infliction of emotional distress). But these patchwork laws can be time-consuming – and laborious – in litigation.

In the absence of congressional action, ten states across the country have enacted laws criminalizing deepfakes — though mostly non-consensual porn. No doubt, we will see those laws amended to include a wider range of deepfakes – and more state-level laws passed – as deepfake-generating tools become increasingly sophisticated. (In case, Minnesota law already goals Deepfakes are used in political campaigning.)



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