In today’s digital age, the rapid advancement of artificial intelligence (AI) technologies has given rise to a new set of legal challenges. Among these challenges are AI-generated images, such as deepfakes, voice cloning, and other AI-created content, which can potentially cause significant harm to individuals, businesses, and reputations. At National Security Law Firm, our internet law and content removal lawyers specialize in navigating the complex legal landscape surrounding these emerging technologies, helping clients protect their rights and remove harmful content from the internet.

What Are Deepfakes, Voice Cloning, and AI-Generated Images?

Deepfakes are AI-generated images or videos that use deep learning techniques to manipulate or superimpose an existing image or video onto another, creating hyper-realistic but fabricated content. This technology can create highly convincing videos of people saying or doing things they never actually did, posing serious risks to personal privacy, reputation, and even public safety.

Other AI-generated images can include artwork, photos, and content created using algorithms that mimic human creativity. While many uses of AI in generating images are harmless or even innovative, the potential for misuse—such as spreading misinformation, impersonating individuals, or violating intellectual property rights—has prompted a growing concern and legal scrutiny.

AI voice cloning is a technology that uses artificial intelligence (AI) and machine learning to create a digital copy of a person’s voice. This digital clone can then be used to generate speech that sounds almost indistinguishable from the original speaker’s voice. The technology has advanced significantly in recent years, making it possible to replicate the tone, pitch, accent, and speaking style of a person with a high degree of accuracy.

Legal Concerns and Harmful Impacts of AI-Generated Images and Sounds

The misuse of AI-generated images and sounds, particularly deepfakes and voice cloning, has raised several legal concerns, including:

  • Defamation and Damage to Reputation: Deepfakes and manipulated images can cause significant reputational harm, particularly when used to create misleading or false content about an individual. False videos or images depicting someone engaging in illegal, immoral, or unethical behavior can spread rapidly online, leading to defamation claims.
  • Privacy Violations: Using someone’s likeness without their consent, especially in a way that is misleading or damaging, can result in privacy violations. This is particularly relevant in cases of non-consensual pornography or images that invade an individual’s private life.
  • Intellectual Property Infringement: AI-generated images can also infringe on copyright, trademark, or other intellectual property rights, especially when the content uses recognizable characters, brands, or artistic styles without permission.
  • Fraud and Identity Theft: Deepfakes and AI-generated images can be used to impersonate individuals, leading to potential fraud or identity theft, where someone uses another person’s likeness for financial gain or other malicious purposes.

Current Laws Governing AI-Generated Images and Deepfakes

Several laws at both the federal and state levels in the United States govern the creation, distribution, and use of AI-generated images, particularly deepfakes. However, the legal landscape is still evolving as technology rapidly advances. Here are some of the key laws and legal principles currently in place:

1. Defamation Laws

  • Defamation laws, including libel (written defamation) and slander (spoken defamation), apply to deepfakes and AI-generated images that falsely depict an individual in a damaging way. If the content is false and harms a person’s reputation, the individual may have a claim for defamation against the creator or distributor of the deepfake.
  • For a successful defamation claim, the plaintiff must typically prove that the content was false, harmful, made with at least some degree of fault (such as negligence or actual malice), and published to a third party.

2. Right of Publicity Laws

  • The right of publicity is a state law doctrine that protects an individual’s name, likeness, and other personal attributes from being commercially exploited without consent. When deepfakes or AI-generated images use someone’s likeness to promote a product or service without permission, it can lead to a violation of the right of publicity.
  • These laws vary by state, with some states like California and New York having robust protections, while others have more limited or no explicit statutory protections.

3. Privacy Laws and Cybersecurity Regulations

  • Privacy laws, such as the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR) in the European Union, provide some protection against the misuse of personal data, including likenesses used in AI-generated images. Individuals may have rights to request removal or deletion of content that uses their personal information without consent.
  • In cases of non-consensual pornography or explicit deepfakes, laws like the Revenge Porn Laws in various states provide avenues for criminal and civil action against perpetrators who create or distribute such harmful content.

4. Intellectual Property Laws

  • Copyright laws protect original works of authorship, including images and videos. If an AI-generated image or deepfake incorporates copyrighted material without authorization, it may be considered an infringement. However, determining ownership and infringement involving AI-generated content can be complex, especially when the content is generated algorithmically.
  • Trademark laws can also come into play if AI-generated content uses logos, brand names, or other trademarks in a way that causes consumer confusion or suggests endorsement or affiliation.

5. Anti-Deepfake Laws and Legislation

  • Several states have enacted specific laws targeting the misuse of deepfakes. For example, California has laws prohibiting deepfakes that interfere with elections or are used to create non-consensual pornography. Texas has also criminalized the creation and distribution of deepfake videos intended to harm others.
  • At the federal level, the DEEPFAKES Accountability Act has been proposed to address the use and misuse of AI-generated content, particularly for malicious purposes. While not yet law, it signals growing legislative interest in regulating deepfakes.

6. Fraud and Identity Theft Laws

  • When deepfakes are used to impersonate someone for financial gain, it can result in charges of fraud, identity theft, or impersonation under both state and federal laws. This includes potential criminal penalties and civil liability for damages caused by the fraudulent use of someone’s likeness.
  1. Cyber Harassment Laws and AI-Generated Images
  • The rise of AI technology has also brought new challenges in the realm of cyber harassment, particularly with the use of AI-generated images. Cyber harassment laws are evolving to address the misuse of AI tools that can create realistic but fake images of individuals without their consent. Such images—often referred to as deepfakes—can be used maliciously to defame, impersonate, or otherwise harm a person’s reputation and privacy. Current laws around cyber harassment and digital impersonation are being tested as these technologies become more sophisticated. Some jurisdictions are enacting specific legislation to criminalize the non-consensual creation and distribution of AI-generated images, especially those that are explicit or defamatory. The implications of these laws are far-reaching, emphasizing the need for victims to understand their legal rights and for legal professionals to stay informed on how AI is transforming the landscape of cyber harassment.

What Can You Do if You Are Harmed by AI-Generated Images?

If you believe that a deepfake or other AI-generated image has harmed you or violated your rights, there are several steps you can take:

  1. Document the Harm: Gather evidence of the deepfake or AI-generated image and its impact on your reputation, privacy, or intellectual property. This includes screenshots, URLs, and any communications that show the harm caused.
  2. Contact an Experienced Attorney: Legal action can be complicated, especially when dealing with rapidly evolving technologies like AI. An experienced internet law and content removal lawyer, such as those at National Security Law Firm, can help assess your case, determine the appropriate legal claims, and guide you through the process of pursuing action.
  3. Send a Cease-and-Desist Letter: In many cases, a cease-and-desist letter from an attorney can effectively stop the further distribution of harmful content and demand its removal from platforms.
  4. File a Lawsuit: If informal efforts are unsuccessful, you may need to file a lawsuit for defamation, invasion of privacy, violation of the right of publicity, copyright infringement, or other applicable claims.
  5. Report to Platforms and Authorities: Report the harmful content to the platform hosting it (e.g., social media, websites) and to relevant authorities if the content is criminal in nature (e.g., non-consensual pornography, election interference).

Understanding the Laws Surrounding AI-Generated ImagesHow Can You Protect Yourself from AI-Generated Images?

Protecting yourself from deepfakes is increasingly important as AI technology becomes more sophisticated and accessible. Deepfakes, which use AI to create highly realistic but false representations of people, can be used for malicious purposes such as defamation, identity theft, fraud, and non-consensual pornography. Here are some steps you can take to protect yourself from deepfakes:

1. Enhance Your Digital Privacy Settings

  • Review and Adjust Privacy Settings: Ensure that your privacy settings on social media platforms are set to limit who can view your photos, videos, and personal information. Restricting access to only trusted friends and family reduces the chances of your likeness being used for deepfake creation.
  • Be Cautious About Sharing Personal Media: Limit the amount of personal photos, videos, and other media that you share publicly online. The more content that is available, the easier it is for someone to create a deepfake.

2. Monitor Your Digital Footprint

  • Set Up Google Alerts and Social Media Alerts: Use tools like Google Alerts to monitor the internet for any unauthorized use of your name, image, or other personal information. You can also use social media alert tools to be notified if your photos or videos are being used or tagged without your consent.
  • Regularly Search for Yourself Online: Periodically search for your name, images, and videos on search engines and social media platforms to ensure that no unauthorized or suspicious content has been created or uploaded.

3. Use Technology to Detect Deepfakes

  • Employ Deepfake Detection Tools: Use AI-powered deepfake detection tools and software to identify manipulated content. Some tools can analyze videos and images to detect signs of tampering or AI-generated modifications.
  • Look for Visual Artifacts: While detection technology is advancing, human observation can still be useful. Look for irregularities like unnatural facial expressions, inconsistent lighting, or blurred edges, which may indicate a deepfake.

4. Protect Your Online Identity

  • Strengthen Account Security: Use strong, unique passwords for all your online accounts and enable two-factor authentication (2FA) to protect your personal information from being hacked or stolen.
  • Limit Third-Party App Access: Be cautious about granting third-party apps access to your camera, microphone, or other personal information. Review app permissions regularly and revoke access for apps you don’t trust.

5. Understand Your Legal Rights

  • Familiarize Yourself with Relevant Laws: Laws surrounding deepfakes and AI-generated content are evolving. Familiarize yourself with federal and state laws that protect against unauthorized use of your likeness, such as defamation, invasion of privacy, and right of publicity laws.
  • Know When to Take Legal Action: If a deepfake has been created that harms your reputation, violates your privacy, or is used for malicious purposes, consult with a lawyer specializing in internet law and content removal. They can help you understand your rights and pursue legal action if necessary.

6. Take Preemptive Legal Measures

  • Create a Cease-and-Desist Template: Have a cease-and-desist letter template ready to send to websites or individuals hosting or sharing harmful deepfake content. This letter demands the immediate removal of the content and warns of potential legal consequences.
  • Implement Digital Watermarking: If you frequently post videos or images online, consider using digital watermarking to protect your content. Watermarking can deter unauthorized use and make it easier to prove ownership in case of a dispute.

7. Educate Yourself and Your Network

  • Stay Informed About Deepfake Trends: Follow reputable news sources, cybersecurity blogs, and AI experts to stay updated on the latest trends in deepfake technology and detection methods.
  • Raise Awareness Within Your Circle: Educate your friends, family, and colleagues about the dangers of deepfakes and the importance of online privacy. Encourage them to take similar steps to protect their digital identities.

8. Use AI Tools Wisely

  • Be Skeptical of What You See Online: Given the prevalence of deepfakes, it is important to be skeptical of videos and images online, especially if they are sensational or out of character for the person depicted. Cross-reference with trusted sources before believing or sharing.
  • Report Deepfakes to Platforms: If you come across a deepfake of yourself or someone else, report it to the hosting platform immediately. Most social media and video-sharing platforms have policies against manipulated media and will take action to remove it.

9. Consult with a Legal Professional

  • Work with a Content Removal Lawyer: If you are a victim of a deepfake, consider working with a content removal lawyer who specializes in digital privacy and internet law. They can help you navigate the legal landscape, send cease-and-desist letters, and pursue legal action to remove the content and seek damages.
  • Develop a Legal Strategy: A legal professional can help you develop a proactive strategy to prevent deepfake-related issues, including drafting contracts or terms of service that protect your likeness and personal information.

10. Join Advocacy and Support Groups

  • Participate in Digital Rights Advocacy: Join digital rights advocacy groups that work to strengthen laws and regulations against deepfakes and unauthorized use of AI-generated content. These groups often provide resources, support, and information on how to protect yourself and fight back against digital harms.
  • Seek Emotional Support: If you have been harmed by a deepfake, consider joining support groups or seeking counseling. The emotional impact of such incidents can be significant, and connecting with others who have faced similar experiences can be helpful.

Conclusion

Deepfakes and other AI-generated content pose a serious threat to privacy, reputation, and security in today’s digital world. By taking proactive steps to protect your digital footprint, staying informed about the latest detection tools and legal options, and working with experienced professionals, you can better safeguard yourself against the potential harms of deepfakes. If you believe you have been targeted by a deepfake or other harmful AI content, don’t hesitate to reach out to National Security Law Firm or another experienced internet law firm for guidance and support.

How National Security Law Firm Can Help

At National Security Law Firm, we specialize in representing clients whose rights have been violated by harmful AI-generated content, including deepfakes. Our experienced internet law and content removal lawyers understand the complexities of these emerging legal issues and are ready to fight for your rights. We offer comprehensive services, including:

  • Content Removal: We work aggressively to remove defamatory, infringing, or otherwise harmful content from websites, social media platforms, and search engines.
  • Legal Representation: Whether it’s negotiating with platforms or pursuing litigation, we provide strong legal representation to hold accountable those responsible for creating and distributing harmful AI-generated content.
  • Protecting Your Rights: We ensure that your privacy, reputation, and intellectual property rights are protected in this rapidly evolving digital landscape.

Conclusion

As AI technology continues to advance, the legal challenges surrounding AI-generated images, deepfakes, and other harmful content will only grow. Understanding your rights and the laws in place is essential to protect yourself from the potential harms of this new technology. At National Security Law Firm, we are here to help you navigate these uncharted waters and fight back against those who misuse AI for harmful purposes. Contact us today for a consultation and learn how we can help you remove harmful content and restore your peace of mind.