By: Meg Cotter
In the end of January, fake sexually explicit images of Taylor Swift spread rapidly across social media platforms specificallyacross X. They racked in tens of millions of views before being reported and taken down. The images originated in a channel on Telegram, a messaging app dedicated to producing similar images. As a result, fans and the public as a whole are reigniting calls to lawmakers to protect people and find a way to patrol platforms when it comes to images of this nature. Images like this can be made easily and circulated without the consent of those portrayed in them.
Artificial Intelligence as an industry has boomed and is becoming more and more a part of our everyday lives. Users can create images, videos, texts, and audio recordings easily. As a result of the advances in this technology, creating deepfakes is easy and cheap.
Deepfakes portray people doing or saying things that they have never done. These sophisticated manipulations use artificial intelligence algorithms to superimpose celebrities’ faces onto explicit or compromising content, often without their consent. A 2019 study found that 96 percent of deepfake video content online was non-consenting pornographic material. The top four websites dedicated to fake pornography received more than 134 million views on videos targeting hundreds of female celebrities around the world. Deepfakes may remove a person’s clothing, make them do things and say things that they did not consent to. This is a violation of someone’s dignity and control over theirbody. This number in recent years, as technology has advanced,has only gone up.
The proliferation of deepfake technology poses multifaceted challenges. First and foremost is the issue of consent. Regardless of whether the content is generated by AI, the unauthorized use of a celebrity’s likeness in explicit or demeaning contexts is a clear violation of their rights. Swift, like many other celebrities, has no control over how her image is manipulated and disseminated online, leaving her susceptible to harassment, defamation, and reputational damage. Moreover, the ease with which deepfake technology can be created and shared exacerbates the problem. What starts as a malicious prank can quickly escalate into a scandal, tarnishing the reputation of the individual involved. In the case of Taylor Swift, the circulation of fake AI-generated images not only undermines her personal dignity but also perpetuates violence and objectification.
Some states have restricted pornographic deepfakes, but they have not had much impact. Until now, there has been little concrete action in federal regulation. However, several lawmakers have addressed concerns prior to this incident. Last year, Democrat Joe Morelle introduced a bill that would make sharing these types of images a federal crime. Senator Mark Warner, chairman of the Senate Intelligence Committee, said following the circulation of Swift’s deepfakes: “I’ve repeatedly warned that AI could be used to generate non-consensual intimate imagery.” Representative Yvette D. Clarke of New York said in response that advancements in AI have made creating deepfakes and exploiting others simple, so what happened to Taylor was “nothing new.” However, Taylor Swift’s experience serves as a stark reminder of the vulnerabilities public figures face in the digital age.
U.S. senators on Tuesday, January 2024, in direct response to the pornographic AI images made of Taylor Swift spreading on X, introduced a bill that would criminalize the spread of non-consensual, sexualized images generated by artificial intelligence. This bill would allow victims depicted in sexually explicit “digital forgeries” to seek a civil penalty against those who made or possessed the nonconsensual image with intent to distribute it, in addition to anyone who received the material knowing there was no consent involved. This bill is the Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2024, or the “Defiance Act.” Senator Josh Hawley stated that “Nobody – neither celebrities nor ordinary Americans – should ever have to find themselves featured in AI pornography. Innocent people have a right to defend their reputations and hold perpetrators accountable in court.” This bill will make that possible.
There are several motivations pushing the need for regulation: (1) the protection of individual privacy and reputation, (2) the prevention of misinformation and manipulation, (3) ethical implications, (4) rapid technological innovation and (5) the borderless nature of the internet.
To first discuss the issue of privacy, AI deepfakes can severely compromise individual privacy and reputation. In the case of celebrities like Taylor Swift, deepfakes have the potential to maliciously spread false information, damage public image, and even incite harassment or violence. Legislation must establish clear boundaries regarding the creation, distribution, and use of deepfakes to safeguard the privacy and reputation of individuals.
In addition, the Taylor Swift incident highlights the ease with which AI deepfakes can be weaponized to spread misinformation and manipulate public discourse. Without adequate legal measures, deepfakes could be exploited for political propaganda, financial fraud, or other malicious purposes, leading to widespread distrust and social unrest. Legislation should aim to prevent the malicious use of deepfakes and hold perpetrators accountable for their actions.
Regarding ethics, legal frameworks must address the ethical implications of AI deepfakes and establish accountability mechanisms for their creation and dissemination. This includes requiring disclosure when content has been manipulated using AI algorithms and imposing penalties for those who create or distribute deepfakes with harmful intent. Moreover, there is a need to regulate the development and deployment of AI technologies to ensure they adhere to ethical standards and do not infringe upon individual rights.
As technology further advances there is a need for regulation efforts to do so as well. Balancing the promotion of technological innovation with the need for regulation presents a significant challenge in addressing AI deepfakes. While innovation drives progress and economic growth, unbridled development of AI technologies without adequate oversight could exacerbate existing societal risks. Legislation should encourage responsible innovation while establishing safeguards to prevent the misuse of AI deepfake technology. Additionally, measures should be put in place to hold platforms accountable for hosting and promoting deepfake content, thereby discouraging its proliferation online.
Lastly, the internet has no bounds. Given the borderless nature of the Internet and the rapid spread of digital content, addressing the challenges posed by deepfakes requires international cooperation and standardization efforts. Collaborative initiatives among governments, tech companies, and civil society organizations can facilitate the development of global norms and standards for combating deepfakes while respecting diverse legal and cultural contexts.
There is an urgent need for clear laws to deter the creation and dissemination of deepfakes; without them, many are left vulnerable to manipulation and exploitation. The Taylor Swift incident serves as a stark reminder of the urgent need for comprehensive legislation and legal frameworks to address this growing threat. By implementing laws that criminalize the creation and distribution of non-consensual deepfake content, policymakers can help safeguard the privacy and dignity of public figures.
Student Bio: Meg Cotter is a 2L at Suffolk University Law School. She is a staff writer on the Journal of High Technology Law. She received a Bachelor of Arts Degree in English & Textual Studies from Syracuse University.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.
