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Criminal Liability For Actions Using Deepfake Technologies That Cause Serious Consequences

Authors: Nadiia Kudriashova;

Criminal Liability For Actions Using Deepfake Technologies That Cause Serious Consequences

Abstract

In recent years, generative artificial intelligence has gained traction, resulting in incredibly realistic synthetic multimedia content that can disseminate misinformation and mislead society. Deepfakes pose serious national security vulnerabilities since they enable sophisticated disinformation operations, foreign meddling, financial crime, and the erosion of faith in institutions. Deepfake detection and legal prosecution became an important agenda for contemporary nation-states. However, serious consequences of deepfakes for national security are still are not properly realized by legislative and regulatory establishment even in the countries of Five Eyes Alliance, known for its advanced cybersecurity awareness and policies. With this in mind, the article makes an attempt of integrating technological and legal domains of combating deepfake technology usage which causes serious consequences, within a single analytical model. Based on a combination of descriptive and exploratory research design, involving comprehensive literature review and semi-structured interviews with the experts across the fields of cybersecurity, machine learning, digital forensics, law, and ethics in the countries of Five Eyes Alliance (sample size 12 participants), the article outlines current landscape of deepfakes creation and detection technologies, as well as institutional awareness and legislative environment in the field of deepfakes law prosecution. The findings allowed making conclusion about scattered landscape of deepfakes identification and, at the same time, the evident lack of legal instruments to prevent deepfakes danger for national security even in the most developed countries, recently especially concerned with national security issues. The integration of findings allowed summarizing the essence of deepfakes serious consequences and developing integrative analytical model, based on Agile Security paradigm, implying predictive analysis of deepfake technology evolutive implications and options of appropriate criminal liability. The novelty of study lies in ‘organic’ combining of technological and legal planes of combating security danger of deepfakes, and the suggested integrative analytical model, based on Agile Security paradigm can become a starting point for further studies and developments in the field.

Keywords

Deepfake detection algorithms, Five Eyes Alliance, Deepfakes Prosecution, National Security, Agile security.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green