Zachary Schapiro
Improvements in technology have made it easy to create deep fakes: realistic false digital records depicting a person performing actions that did not occur. Although there are legitimate uses for deep fakes, like parodies or finishing a movie where a principal performer has died, they can inflict harm upon the individual depicted or the general public if, for example, used to influence the outcome of an election. Considering these detrimental uses, Congress has proposed the Defending Each and Every Person from False Appearances by Keeping Exploitation Subject to Accountability Act of 2019 (DEEP FAKES Act) to impose civil and criminal liability upon people who create or share deep fakes without an appropriate disclaimer. Despite its purported benefits, this legislation would actually burden legitimate users of deep fake technology and encumber courts with litigation due to its overbroad definition of “deep fake.” Instead, the abuse of deep fake technology should be addressed judicially through a combination of copyright, criminal, and state tort law to impose liability on bad actors.