Legal gaps expose challenges, dangers of deepfake porn
Nov 6, 2023, 12:23 PM | Updated: Dec 1, 2023, 5:38 pm
SALT LAKE CITY — A school in New Jersey is battling a problem after a group of boys used AI to create pornographic images of fellow female students who are under the age of 18. Nonconsensual deepfake porn has sparked questions over the legality of using AI to create that type of content.
KSL Legal Analyst Greg Skordas told Dave and Dujanovic it’s a serious gray area in the legal system right now.
“The law in America really requires that you define the conduct,” said Skordas. “You say if you do certain things, you do this particular act, that will be illegal.”
Our legal system doesn’t have those definitions as it relates to AI use or AI-generated porn.
“I think the technology, this AI technology, is somewhat ahead of the legislation,” Skordas said.
The mother of one of the girls impacted is calling for lawmakers across the country to better regulate laws around AI.
Skordas said that whilst this is a gray area in the legal system, perpetrators can’t hide behind things like the First Amendment.
“The First Amendment is very broad, it’s certainly you know an important part of our Constitution, but it doesn’t allow this type of thing and it’s never ever been equated to allow certain types of pornography, especially as it relates to children,” Skordas said.
For now, Skordas said really only the school and parents can dish out a punishment regarding this issue.
“We certainly have child pornography laws. But these are superimposed, are not real images, so I think they’d have a hard time pursuing a case like that.”
This comes only weeks after President Joe Biden signed an executive order about AI security. However, that order focused more on industry security rather than personal use.
