Pornographic Deepfakes: The Case for Federal Criminalization of Revenge Porn’s Next Tragic Act

Objective: to study the problem of pornographic deepfakes - doctored images and videos featuring faces of persons who were not engaged in the acts, and to propose solutions for the problem.Methods: observation, document study, comparison, analysis, synthesis.Results: it is proposed to solve the prob...

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Main Author: R. A. Delfino
Format: Article
Language:English
Published: Tatar Educational Center “Taglimat” Ltd. 2020-03-01
Series:Russian Journal of Economics and Law
Subjects:
Online Access:https://www.rusjel.ru/jour/article/view/132
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author R. A. Delfino
author_facet R. A. Delfino
author_sort R. A. Delfino
collection DOAJ
description Objective: to study the problem of pornographic deepfakes - doctored images and videos featuring faces of persons who were not engaged in the acts, and to propose solutions for the problem.Methods: observation, document study, comparison, analysis, synthesis.Results: it is proposed to solve the problem of pornographic deepfakes at the level of the U.S. federal criminal legislation, as currently there is no federal or state law criminalizing their creation or distribution.Scientific novelty: for the first time, the legal aspect of pornographic deepfakes is considered as a phenomenon of today’s digitalization and using of new techniques for creating virtual reality harmful for humans.Practical significance: a new federal criminal statute is proposed to regulate creation or distribution of pornographic deepfakes. The proposed law combines components of the ENOUGH Act and MDFPA with other necessary elements to combat pornographic deepfakes and protect their victims. The proposed statute text is set forth and analyzed. The research results can be used in further scientific works, to improve legislation and law-enforcement practice not only in the United States but also the Russian Federation and other countries.
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spelling doaj.art-28acdf1041384f839fabf1771c1c3a6f2024-03-20T08:16:52ZengTatar Educational Center “Taglimat” Ltd.Russian Journal of Economics and Law2782-29232020-03-0114110514110.21202/1993-047X.14.2020.1.105-141131Pornographic Deepfakes: The Case for Federal Criminalization of Revenge Porn’s Next Tragic ActR. A. Delfino0Loyola Law SchoolObjective: to study the problem of pornographic deepfakes - doctored images and videos featuring faces of persons who were not engaged in the acts, and to propose solutions for the problem.Methods: observation, document study, comparison, analysis, synthesis.Results: it is proposed to solve the problem of pornographic deepfakes at the level of the U.S. federal criminal legislation, as currently there is no federal or state law criminalizing their creation or distribution.Scientific novelty: for the first time, the legal aspect of pornographic deepfakes is considered as a phenomenon of today’s digitalization and using of new techniques for creating virtual reality harmful for humans.Practical significance: a new federal criminal statute is proposed to regulate creation or distribution of pornographic deepfakes. The proposed law combines components of the ENOUGH Act and MDFPA with other necessary elements to combat pornographic deepfakes and protect their victims. The proposed statute text is set forth and analyzed. The research results can be used in further scientific works, to improve legislation and law-enforcement practice not only in the United States but also the Russian Federation and other countries.https://www.rusjel.ru/jour/article/view/132pornographic deepfakedigitalizationvirtual realitypornographic materialsaudio recordingvideo recordingoffensecybercrimepornographic deepfakedigitalizationvirtual realitypornographic materialsaudio recordingvideo recordingoffensecybercrime
spellingShingle R. A. Delfino
Pornographic Deepfakes: The Case for Federal Criminalization of Revenge Porn’s Next Tragic Act
Russian Journal of Economics and Law
pornographic deepfake
digitalization
virtual reality
pornographic materials
audio recording
video recording
offense
cybercrime
pornographic deepfake
digitalization
virtual reality
pornographic materials
audio recording
video recording
offense
cybercrime
title Pornographic Deepfakes: The Case for Federal Criminalization of Revenge Porn’s Next Tragic Act
title_full Pornographic Deepfakes: The Case for Federal Criminalization of Revenge Porn’s Next Tragic Act
title_fullStr Pornographic Deepfakes: The Case for Federal Criminalization of Revenge Porn’s Next Tragic Act
title_full_unstemmed Pornographic Deepfakes: The Case for Federal Criminalization of Revenge Porn’s Next Tragic Act
title_short Pornographic Deepfakes: The Case for Federal Criminalization of Revenge Porn’s Next Tragic Act
title_sort pornographic deepfakes the case for federal criminalization of revenge porn s next tragic act
topic pornographic deepfake
digitalization
virtual reality
pornographic materials
audio recording
video recording
offense
cybercrime
pornographic deepfake
digitalization
virtual reality
pornographic materials
audio recording
video recording
offense
cybercrime
url https://www.rusjel.ru/jour/article/view/132
work_keys_str_mv AT radelfino pornographicdeepfakesthecaseforfederalcriminalizationofrevengepornsnexttragicact