NO NEED TO REINVENT THE WHEEL: WHY THE U.S. SHOULD IMPLEMENT CO-REGULATORY MECHANISMS TO REGULATE DEEPFAKE CONTENT ON INTERNET PLATFORMS

Loven-Final

“Most people, in fact, will not take trouble in finding out the truth, but are much more inclined to accept the first story they hear.”—Thucydides

Artificial intelligence systems create hyper-realistic fake media—deepfakes—that are completely indistinguishable from
authentic media. As a result, people cannot believe the things they see or hear; it is impossible to determine whether the subject-matter portrayed in any medium is real or fake. This is the beginning of an information apocalypse.

The U.S. has done nothing to deal with deepfakes, but it must do something—and it must do it fast. This Article argues the U.S. should adopt legislation modeled off a co-regulatory system developed by the EU containing two main parts: (1) a broadly worded statute
requiring social media platforms to implement best practices for detecting and labelling deepfakes, and (2) a regularly updated voluntary industry code specifying how platforms can demonstrate compliance with the statute.

Author: Abe Loven

PDF: https://ncjolt.org/wp-content/uploads/sites/4/2023/12/Loven-Final.pdf

Volume 25, Issue 2