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

Abstract

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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