What is a Deepfake?
A “deepfake” refers to a synthetic media — typically in the form of images, videos, or audio recordings — that has been manipulated or generated using deep learning techniques. These deep learning algorithms, particularly generative adversarial networks (GANs) and autoencoders, enable the creation of hyper-realistic content that can be indistinguishable from authentic media to the human eye or ear.How are Deepfakes Created?
Many deepfakes are created using an AI tool called a Generative Adversarial Networks, or GAN. GANs consist of two neural networks — a generator and a discriminator — which are trained simultaneously through a competitive process. The generator network learns to generate synthetic data samples, such as images or videos, that are indistinguishable from real data samples drawn from a training dataset. Meanwhile, the discriminator network learns to differentiate between real and fake data samples. Through this adversarial training process, both networks improve over time, with the generator striving to produce increasingly realistic samples, and the discriminator becoming more adept at distinguishing real from fake — pushing the generator into more and more realistic depictions.What Can Deepfakes be Used For?
The advent of deepfakes has introduced a dual-edged sword, blending innovative applications with serious ethical and legal dilemmas. These digitally altered videos and audios offer a variety of uses, spanning entertainment to education. For example, deepfakes have entered the entertainment industry, where they bring celebrities to life in movies or advertisements through realistic impersonations or digital doubles. In education, they resurrect historical figures or enhance interactive learning experiences, while in accessibility, they assist individuals with disabilities by producing sign language videos or auditory descriptions for the visually impaired. Additionally, deepfakes contribute to research across multiple fields, including computer vision, natural language processing, and human-computer interaction. However, the technology behind deepfakes has also ignited widespread controversies, primarily due to its potential for abuse. One of the most alarming concerns is the spread of misinformation, as deepfakes can craft compelling fake news or propaganda. This capability extends to facilitating identity theft, where individuals are impersonated in realistic videos or audio recordings, leading to reputational or financial damage. The political arena is not immune, with fears that deepfakes could sway public opinion or disrupt elections through fabricated endorsements or speeches. Moreover, deepfakes threaten personal privacy, capable of generating non-consensual pornographic content or manipulated images for blackmail. The dual use of deepfakes underscores a profound challenge—balancing their beneficial applications against the potential for severe misuse.
The Wilder Law Firm helped me overcome my case with the most favorable outcome possible. My case was dismissed very quickly and they kept me updated throughout the process. They handled all of my court appearances which kept me from having to spend time away from work. I greatly appreciate their help and would highly recommend them.”
- Forrest Davis
I hired the Wilder Law Firm to help with my Family Violence Citations due to it’s remarkable reviews, experience in the field and high approval rating! The firm successfully resolved my cases and got both of them dismissed. This has not only given me a greater relief, but I’m happy and excited that I have no record to worry about. Thank you everyone at the Wilder Law Firm for the support and patience with me. I’m very excited."
- Steve Ak
My advice– call Wilder Law Firm– they will help you! I had two cases in two different courts and they were able to get both dismissed! Facing these two charges put me in a really hard time for a few months but with the Wilder Law Firm’s help, I was able to put all this past me and move on with a clean record. This was a hard life lesson but I am thankful for the results."
- Rudy Castanon
What is Deepfake Porn?
Deepfake porn refers to the creation and dissemination of pornographic material that has been manipulated using deep learning algorithms to superimpose the faces of individuals onto explicit images or videos without their consent. This deceptive practice can have devastating consequences for victims, including reputational harm, emotional distress, and violations of privacy and consent.Fighting Deepfake Porn in Texas
Texas authorities are actively working to combat the proliferation of deepfake porn and hold perpetrators accountable for their actions. Law enforcement agencies are leveraging digital forensic techniques to investigate cases of deepfake porn, tracing the origin of manipulated content and identifying individuals involved in its creation and distribution.Laying Down the Law
The Texas Unlawful Production or Distribution of Certain Sexually Explicit Videos law, enacted in 2023, represents a significant step forward in addressing the growing threat of deepfake porn and revenge porn. Codified in Texas Penal Code Section 21.165, the law specifically targets individuals who knowingly and maliciously produce, promote, or distribute sexually explicit visual material without the consent of the depicted individual.Key Provisions
The legislation introduces several significant measures designed to address the unauthorized creation and distribution of sexually explicit videos, including deepfake pornography. One of the primary elements of the law is the Consent Requirement, which makes it unlawful to produce, promote, or distribute sexually explicit visual content featuring an individual without their explicit consent. This rule underscores the critical importance of securing clear agreement from all individuals involved prior to the generation or dissemination of intimate material. Additionally, the law stipulates an Intent Requirement, mandating the demonstration of a motive to harm, harass, intimidate, or coerce the person depicted for criminal liability to be established. This crucial distinction separates the consensual sharing of intimate content from vindictive acts of revenge or exploitation. Regarding penalties, the legislation classifies violations as a Class A misdemeanor, subject to fines up to $4,000 and/or a maximum imprisonment of one year. For repeat offenders or those who distribute such content with a profit motive, the law prescribes heightened penalties, potentially escalating to felony charges and extended terms of incarceration. Moreover, the law offers civil remedies for victims of non-consensual pornography. Victims are entitled to seek injunctive relief, compensatory damages, and coverage for attorney’s fees. This enables those affected to initiate legal proceedings against offenders and pursue reparation for the damages they have endured.Significance and Impact
The enactment of the Texas Unlawful Production or Distribution of Certain Sexually Explicit Videos law represents a significant milestone in the ongoing efforts to combat revenge and deepfake porn and protect the privacy and dignity of individuals. By criminalizing the unauthorized production or distribution of sexually explicit material and providing civil remedies for victims, the law sends a clear message that such conduct will not be tolerated in the state of Texas. Furthermore, the law serves as a deterrent to individuals who may be tempted to engage in the malicious dissemination of intimate content for personal gain or gratification. By imposing criminal penalties and civil liabilities, the law holds perpetrators accountable for their actions and provides recourse for victims who have been harmed by non-consensual pornography.
PROTECTING YOUR RIGHTS AND FUTURE
Criminal Defense Attorney
Douglas Wilder
Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .
