jan23
In a recent case involving misusing deepfake technology, the New Taipei City District Court entered a judgment (111-Su-Zi No. 2500) against two Taiwanese YouTubers (“Defendants”) on December 8, 2022, finding them liable for damaging other’s reputation, likeness, and sexual autonomy by misappropriating other’s digital facial images through deepfake technology, and subsequently presenting them in porn materials edited and created by the Defendants.
According to the judgment, the Defendants downloaded vast amount of digital images of the targeted influencers on the internet, modified the downloaded images by deepfake image synthesis, applied the modified images to Defendants’ porn materials and then provided such modified porn materials to their paid members. Based on the records, the Defendants earned up to NT$13 millions from July of 2020 to October of 2021.
https://www.lexology.com/library/detail.aspx?g=81916986-c2de-45b3-9573-2ae522488d0a
dez21
Deepfakes can be described as videos of people doing and saying things that they have not done or said. Their potential use in international arbitration leads to two competing threats. Tribunals may be conscious of the difficulties in proving that a deepfake is, in fact, fake. If the ‘clear and convincing evidence’ standard of proof is applied, it may be very difficult, if not impossible, to prove that a sophisticated deepfake is fake. However, the burgeoning awareness of deepfakes may render tribunals less inclined to believe what they see on video even in circumstances in which the video before it is real. This may encourage parties to seek to deny legitimate video evidence as a deepfake. The ‘balance of probabilities’ standard, while not perfect, would appear to address this concern. In order to properly assess deepfakes, tribunals should apply this standard while assessing both technical and circumstantial evidence holistically. https://brill.com/view/journals/jwit/22/5-6/article-p860_9.xml
Jun20
'Os deepfakes podem corroer a confiança no sistema de justiça', disse ao Jornal da ABA a diretora de vigilância e segurança do Centro para a Internet e Sociedade da Faculdade de Direito de Stanford, Riana Pfefferkorn. Os autores de um estudo sobre deepfakes, Robert Chesney e Danielle Citron, também afirma que deepfakes podem minar a confiança pública nas instituições, incluindo o sistema de justiça. Afinal, se uma imagem (como uma fotografia) vale mais que mil palavras, um vídeo pode valer mais de um milhão. https://www.conjur.com.br/2020-jun-12/deepfakes-embaralham-justica-eua
