Are the Laws Keeping Up? The Legal Challenges of Explicit AI-Generated Content
AI-generated content has been taking up space in the ever-changing dynamics of today's tech landscape. Generative AI has emerged as a powerful tool that has enabled the creation of hyper-realistic audio, video, and images. While advantageous, this ability has some downsides, too, particularly in content authenticity and manipulation.
The impact of this content is varied in the areas of ethical, psychological and social harms seen in the past couple of years. A major concern is the creation of non-consensual explicit content, including nudes. This content includes content where an individual’s face gets superimposed onto explicit images or videos without their consent. This is not just a violation of privacy for individuals, and can have humongous consequences for their professional and personal lives. This blog examines the existing laws and whether they are equipped to deal with the challenges that this content poses.
Understanding the Deepfake Technology
Deepfake technology is a media file (image, video, or speech) that typically represents a human subject that is altered deceptively using deep neural networks (DNNs). It is used to alter a person’s identity, and it usually takes the form of a “face swap” where the identity of a source subject is transferred onto a destination subject. The destination’s facial expressions and head movements remain the same, but the appearance in the video is that of the source. In the case of videos, the identities can be substituted by way of replacement or reenactment.
This superimposed content creates realistic content, such as fake nudes. Presently, creating a deepfake is not a costly endeavour. It requires a Graphics Processing Unit (GPU), software that is free, open-source, and easy to download, and graphics editing and audio-dubbing skills. Some of the common apps to create deepfakes are DeepFaceLab and FaceSwap, which are both public and open source and are supported by thousands of users who actively participate in the evolution and development of these software and models.
Legal Gaps and Challenges
Multiple gaps and challenges exist in the legal space for deepfakes and their regulation. They are:
- The inadequate definitions governing AI-generated explicit content often lead to enforcement challenges.
- Jurisdictional challenges due to the cross-border nature of crimes and the difficulties caused by international cooperation measures are in the early stages for AI content.
- There is a gap between the current consent-based and harassment laws for AI-generated nudes.
- Providing evidence or providing proof for the intent and identification of perpetrators in digital crimes is a challenge that is yet to be overcome.
Policy Responses and Global Trends
Presently, the global response to deepfakes is developing. The UK has developed the Online Safety Bill, the EU has the AI Act, the US has some federal laws such as the National AI Initiative Act of 2020 and India is currently developing the India AI Act as the specific legislation dealing with AI and its correlating issues.
The IT Rules, 2021, and the DPDP Act, 2023, regulate digital platforms by mandating content governance, privacy policies, grievance redressal, and compliance with removal orders. Emphasising intermediary liability and safe harbour protections, these laws play a crucial role in tackling harmful content like AI-generated nudes, while the DPDP Act focuses on safeguarding privacy and personal data rights.
Bridging the Gap: CyberPeace Recommendations
- Initiate legislative reforms by advocating for clear and precise definitions for the consent frameworks and instituting high penalties for AI-based offences, particularly those which are aimed at sexually explicit material.
- Advocate for global cooperation and collaborations by setting up international standards and bilateral and multilateral treaties that address the cross-border nature of these offences.
- Platforms should push for accountability by pushing for stricter platform responsibility for the detection and removal of harmful AI-generated content. Platforms should introduce strong screening mechanisms to counter the huge influx of harmful content.
- Public campaigns which spread awareness and educate users about their rights and the resources available to them in case such an act takes place with them.
Conclusion
The rapid advancement of AI-generated explicit content demands immediate and decisive action. As this technology evolves, the gaps in existing legal frameworks become increasingly apparent, leaving individuals vulnerable to profound privacy violations and societal harm. Addressing this challenge requires adaptive, forward-thinking legislation that prioritises individual safety while fostering technological progress. Collaborative policymaking is essential and requires uniting governments, tech platforms, and civil society to develop globally harmonised standards. By striking a balance between innovation and societal well-being, we can ensure that the digital age is not only transformative but also secure and respectful of human dignity. Let’s act now to create a safer future!
References
- https://etedge-insights.com/technology/artificial-intelligence/deepfakes-and-the-future-of-digital-security-are-we-ready/
- https://odsc.medium.com/the-rise-of-deepfakes-understanding-the-challenges-and-opportunities-7724efb0d981
- https://insights.sei.cmu.edu/blog/how-easy-is-it-to-make-and-detect-a-deepfake/
Related Blogs
Introduction
The appeal is to be heard by the TDSAT (telecommunication dispute settlement & appellate tribunal) regarding several changes under Digital personal data protection. The Changes should be a removal of the deemed consent, a change in appellate mechanism, No change in delegation legislation, and under data breach. And there are some following other changes in the bill, and the digital personal data protection bill 2023 will now provide a negative list of countries that cannot transfer the data.
New Version of the DPDP Bill
The Digital Personal Data Protection Bill has a new version. There are three major changes in the 2022 draft of the digital personal data protection bill. The changes are as follows: The new version proposes changes that there shall be no deemed consent under the bill and that the personal data processing should be for limited uses only. By giving the deemed consent, there shall be consent for the processing of data for any purposes. That is why there shall be no deemed consent.
- In the interest of the sovereignty
- The integrity of India and the National Security
- For the issue of subsidies, benefits, services, certificates, licenses, permits, etc
- To comply with any judgment or order under the law
- To protect, assist, or provide service in a medical or health emergency, a disaster situation, or to maintain public order
- In relation to an employee and his/her rights
The 2023 version now includes an appeals mechanism
It states that the Board will have the authority to issue directives for data breach remediation or mitigation, investigate data breaches and complaints, and levy financial penalties. It would be authorised to submit complaints to alternative dispute resolution, accept voluntary undertakings from data fiduciaries, and advise the government to prohibit a data fiduciary’s website, app, or other online presence if the terms of the law were regularly violated. The Telecom Disputes Settlement and Appellate Tribunal will hear any appeals.
The other change is in delegated legislation, as one of the criticisms of the 2022 version bill was that it gave the government extensive rule-making powers. The committee also raised the same concern with the ministry. The committed wants that the provisions that cannot be fully defined within the scope of the bill can be addressed.
The other major change raised in the new version bill is regarding the data breach; there will be no compensation for the data breach. This raises a significant concern for the victims, If the victims suffer a data breach and he approaches the relevant court or authority, he will not be awarded compensation for the loss he has suffered due to the data breach.
Need of changes under DPDP
There is a need for changes in digital personal data protection as we talk about the deemed consent so simply speaking, by ‘deeming’ consent for subsequent uses, your data may be used for purposes other than what it has been provided for and, as there is no provision for to be informed of this through mandatory notice, there may never even come to know about it.
Conclusion
The bill requires changes to meet the need of evolving digital landscape in the digital personal data protection 2022 draft. The removal of deemed consent will ultimately protect the data of the data principal. And the data of the data principal will be used or processed only for the purpose for which the consent is given. The change in the appellate mechanism is also crucial as it meets the requirements of addressing appeals. However, the no compensation for a data breach is derogatory to the interest of the victim who has suffered a data breach.
Introduction
THE DIGITAL PERSONAL DATA PROTECTION BILL, 2022 Released for Public Consultation on November 18, 2022THE DIGITAL PERSONAL DATA PROTECTION BILL, 2023Tabled at LokSabha on August 03. 2023Personal data may be processed only for a lawful purpose for which an individual has given consent. Consent may be deemed in certain cases.The 2023 bill imposes reasonable obligations on data fiduciaries and data processors to safeguard digital personal data.There is a Data Protection Board under the 2022 bill to deal with the non-compliance of the Act.Under the 2023 bill, there is the Establishment of a new Data Protection Board which will ensure compliance, remedies and penalties.
Under the new bill, the Board has been entrusted with the power of a civil court, such as the power to take cognisance in response to personal data breaches, investigate complaints, imposing penalties. Additionally, the Board can issue directions to ensure compliance with the act.The 2022 Bill grants certain rights to individuals, such as the right to obtain information, seek correction and erasure, and grievance redressal.The 2023 bill also grants More Rights to Individuals and establishes a balance between user protection and growing innovations. The bill creates a transparent and accountable data governance framework by giving more rights to individuals. In the 2023 bill, there is an Incorporation of Business-friendly provisions by removing criminal penalties for non-compliance and facilitating international data transfers.
The new 2023 bill balances out fundamental privacy rights and puts reasonable limitations on those rights.Under the 2022 bill, Personal data can be processed for a lawful purpose for which an individual has given his consent. And there was a concept of deemed consent.The new data protection board will carefully examine the instance of non-compliance by imposing penalties on non-compiler.The bill does not provide any express clarity in regards to compensation to be granted to the Data Principal in case of a Data Breach.Under 2023 Deemed consent is there in its new form as ‘Legitimate Users’.The 2022 bill allowed the transfer of personal data to locations notified by the government.There is an introduction of the negative list, which restricts cross-data transfer.
Introduction
Google.org is committed to stepping ahead to enhance Internet safety and responsible online behaviour. ‘Google for INDIA 2023’, an innovative conclave, took place on 19th October 2023. Google.org has embarked on its vision for a safer Internet and combating misinformation, financial frauds and other threats that come from bad actors. Alphabet Big Tech is committed to leading this charter and engaging with all stakeholders, including government agencies. Google.org has partnered with CyberPeace Foundation to foster a safer online environment and empower users on informed decisions on the Internet. CyberPeace will run a nationwide awareness and capacity-building Initiative equipping more than 40 Million Indian netizens with fact-checking techniques, tools, SoPs, and guidance for responsible and safe online behaviour. The campaign will be deployed in 15 Indian regional languages as a comprehensive learning outcome for the whole nation. Together, Google.org and CyberPeace Foundation aim to make the Internet safer for everyone and work in a direction to ensure that progress for everyone is built on a strong foundation of trusted information available on the Internet and pursuing the true spirit of “Technology for Good”.
Google.org and CyberPeace together for enhanced online safety
A new $4 million grant to CyberPeace Foundation will support a nationwide awareness-building program and comprehensive multilingual digital resource hub with content available in up to 15 Indian languages to empower nearly 40 million underserved people across the country in building resilience against misinformation and practice responsible online behaviour. Together, Google.org and CyberPeace are on their way to creating a strong pathway of trusted Internet and a safer digital environment. The said campaign will be undertaken for a duration of 3 years, and the following key components will run at the core of the same:
- CyberPeace Corps Volunteers: This will be a pan India volunteer engagement initiative to create a community of 9 million CyberPeace Ambassadors/First Responders/Volunteers to fight misinformation and promote responsible online behaviour going far into the rural, marginalised and most vulnerable strata of society.
- Digital Resource Hub: In pursuance of the campaign, CyberPeace is developing a cutting-edge platform offering a wealth of resources on media literacy, responsible content creation, and cyber hygiene translated into 15 Indian regional languages for a widespread impact on the ground.
- Public Sensitisation: CyberPeace will be conducting an organic series of online and offline events focusing on empowering netizens to discern fact from fiction. These sensitisation drives will be taken on by start master trainers from different regions of India to ensure all states and UTs are impacted.
- CyberPeace Quick Reaction Team: A specialised team of tech enthusiasts that will work closely with platforms to rapidly address new-age cyber threats and misinformation campaigns in real-time and establish best practices and SoPs for the diverse elements in the industries.
- Engaging Multimedia Content: With CyberPeace’s immense expertise in E-Course and digital content, the campaign will produce a range of multilingual multimedia resources, including informative videos, posters, games, contests, infographics, and more.
- Fact-check unit: Fact-check units will play a crucial role in monitoring, identifying, and doing fact analysis of the suspected information and overall busting the growing incidents of misinformation. Fake news or misinformation has negative consequences on society at large. The fact-check units play a significant role in controlling the widespread of misinformation.
Fight Against Misinformation
Misinformation is rampant all across the world and requires attention. With the increasing penetration of social media and the internet, this remains a global issue. Google.org has taken up the initiative to address this issue in India and, in collaboration with CyberPeace Foundation taken a proactive step to multiple avenues for mass-scale awareness and upskilling campaigns have been piloted to make an impact on the ground with the vision of upskilling over 40 Million people in the country and building resilience against misinformation and practicing responsible online behavior.
Maj Vineet Kumar, Founder of CyberPeace, said,
"In an era in which digital is deeply intertwined with our lives, knowing how to discern, act on, and share the credible from the wealth of information available online is critical to our well-being, and of our families and communities. Through this initiative, we’re committing to help Internet users across India become informed, empowered and responsible netizens leading through conversations and actions. Whether it’s in fact-checking information before sharing it, or refraining from sharing unverified news, we all play an important role in building a web that is a safe and inclusive space for everyone, and we are extremely grateful to Google.org for propelling us forward in this mission with their grant support.”
Annie Lewin, Senior Director of Global Advocacy and Head of Asia Pacific, Google.org said:
“We have a longstanding commitment to supporting changemakers using technology to solve humanity's biggest challenges. And, the innovation and zeal of Indian nonprofit organisations has inspired us to deepen our commitment in India. With the new grant to CyberPeace Foundation, we are proud to support solutions that speak directly to Google’s DNA, helping first-time internet users chart their path in a digital world with confidence. Such solutions give us pride and hope that each step, built on a strong foundation of trusted information, will translate into progress for all.”
Conclusion
Google.org has partnered with government agencies and other Indian organisations with the vision of future-proof India for digital public infrastructure and staying a step ahead for Internet safety, keeping the citizens safe online. Google.org is taking its largest step yet towards online safety in India. There is widespread misinformative content and information in the digital media space or on the internet. This proactive initiative of Google.org in collaboration with CyberPeace is a commendable step to prevent the spread of misinformation and empower users to act responsibly while sharing any information and making informed decisions while using the Internet, hence creating a safe digital environment for everyone.
References:
- https://www.youtube.com/live/-b4lTVjOsXY?feature=shared
- https://blog.google/intl/en-in/products/google-for-india-2023-product-announcements/
- https://blog.google/intl/en-in/partnering-indias-success-in-a-new-digital-paradigm/
- https://telecom.economictimes.indiatimes.com/news/internet/google-to-debut-credit-in-india-announces-a-slew-of-ai-powered-launches/104547623
- https://theprint.in/economy/google-for-india-2023-tech-giant-says-it-removed-2-million-violative-videos-in-q2-2023/1810201/
