Deepfakes and the Law: Can Tom Cruise Protect His Name?

Contents:

• Virtual Double: Fake Tom Cruise on TikTok
• Deepfakes: How Technology is Changing Our Perception of Reality
• Regulating Deepfakes: International Experience

Virtual double: Fake Tom Cruise on TikTok

At the end of February 2023, The TikTok account @deeptomcruise quickly gained popularity thanks to its original deepfake videos featuring Hollywood actor Tom Cruise. Three videos, featuring a virtual Cruise playing golf, tripping, and sharing a less-than-stellar joke about Mikhail Gorbachev, garnered over 11 million views and 1.1 million likes. The account became an example of how deepfake technology can create entertaining content while attracting a wide audience. The @deeptomcruise account quickly gained popularity, amassing nearly 370,000 followers. Despite the videos' obvious artificial origins, some viewers genuinely believed them to be authentic, though most quickly saw through the deception. TikTok, for its part, refused to delete the account, stating that the content was neither dangerous nor misleading. This raises questions about the boundaries of acceptable content creation on social media platforms and how algorithms influence user perception.

The videos, created with a high degree of realism, show a fake Tom Cruise wearing a hat and glasses, actively gesturing and interacting with the camera. Despite the high level of detail, it is not difficult to recognize the fake. Telltale signs include the account name and a noticeable age difference, as the fake Cruise appears significantly younger than his real age. The deepfake was likely created using old photos and videos of the actor, highlighting the importance of careful consideration of online content.

Researchers have begun actively studying the popularity of deepfake videos. Professor Hani Farid of the University of California, Berkeley, a recognized expert in deepfake technology, noted that these videos are high quality but contain some subtle errors. One such flaw is the change in eye color in the fake Tom Cruise. Farid speculates that the neural network used to create the deepfake could only process certain facial features of the actor, while the mouth and chin belong to another person, carefully disguised as Tom Cruise. These observations highlight the importance of critically analyzing deepfakes and their impact on public perception.

Tom Cruise has not yet commented on the creation of his virtual double, which can be considered a reasonable step. The possibility of suing the account's creators and removing deepfakes featuring him remains theoretical at this point. However, several other artists have already taken legal action against the creators of similar videos. Questions about image rights and the use of celebrities' likenesses in deepfakes are becoming increasingly relevant in light of technological advances.

Deepfakes: How Technology Is Changing Our Perception of Reality

Since the emergence of deepfakes in 2017, when a Reddit user named deepfakes posted pornographic videos featuring celebrity faces, the world has faced new challenges and opportunities. Within months, a team of scientists from the University of Washington demonstrated a stunning deepfake video of Barack Obama, confirming the high level of verisimilitude of such technologies. Deepfakes have opened new horizons in media, but have also raised serious concerns about image and video manipulation, requiring attention to the ethical and legal aspects of their use.

According to the Italian IT company Sensity, by mid-2020 there were over 49,000 deepfake videos online. More than 62% of these belonged to the entertainment category, including pornographic content, while 21.7% were related to fashion. Political and business videos each accounted for 4% of the total. The data indicates a significant proliferation of deepfake technology, highlighting the importance of understanding its impact on various areas of life.

With the rise in popularity of deepfakes, many online platforms are stepping up their efforts to combat pornographic content, which in turn has led to a rise in interest in celebrity parodies. Many celebrities choose to ignore such videos, fearing that their efforts to remove the content will only attract additional attention, as happened with the Streisand effect. This creates a difficult situation in which celebrities are forced to balance protecting their reputations with not wanting to contribute to the spread of inappropriate content.

In 2020, rapper Jay-Z filed a lawsuit against the YouTube channel Vocal Synthesis for using a synthetic voice to create parody videos. This channel, which specializes in harmless content, released several videos in which it imitated Jay-Z's voice, performing famous songs and delivering monologues. Despite legal action from the artist, YouTube reinstated the videos, noting that the takedown requests were incomplete. This case raises important questions about voice rights and copyright in the digital age.

The problem of deepfakes affects not only the entertainment sphere but also raises serious security and law enforcement concerns. This technology can be used for fraud and the spread of disinformation. In 2019, an incident occurred in which attackers synthesized the voice of the CEO of a major energy company, leading to the transfer of 220,000 euros into their accounts. This case highlights the importance of developing effective methods of protection against such threats and the need to raise awareness of the risks associated with deepfakes.

The use of deepfakes to spread political disinformation raises serious concerns. In early 2019, a video appeared on social media showing Speaker of the House Nancy Pelosi appearing drunk. While the video wasn't a true deepfake, the manipulation of her speech by slowing it down had significant negative consequences. This incident highlights the importance of understanding the impact of digital technologies on public opinion and the need to develop effective strategies to combat political disinformation.

The Nancy Pelosi video scandal sparked significant concern ahead of the 2020 presidential election, as society began actively discussing the dangers of deepfakes to democracy. In response to these threats, social media platforms began implementing strict regulations against the spread of disinformation. Four US states have even criminalized the use of deepfakes in political advertising, underscoring the seriousness of this problem. This escalation has drawn attention to the need to protect voters from manipulation and fraud, a crucial topic in the context of modern elections and digital technologies.

The US Department of Defense is launching the MedFor (Media Forensics) program, which aims to automatically detect manipulated media content, including deepfakes. This initiative aims to protect the country's democratic processes and ensure information security. Developing technologies to detect fakes in the media will help combat disinformation and maintain trust in the media.

Regulating Deepfakes: International Experience

Regulating deepfakes is becoming an increasingly important topic globally. Natalia Golubitskaya, a leading lawyer in the International Cooperation Department of the National Bureau of Intellectual Property Expertise, shares her opinion on the different approaches of countries to this phenomenon. With the rapid development of technologies and their impact on society, it is necessary to develop effective measures to prevent the negative consequences associated with the use of deepfakes. Various countries are already taking steps to create a legislative framework aimed at protecting the rights of citizens and ensuring information security.

In the United States, deepfakes are considered in the context of the broader problem of the spread of fake news. Experts such as Golubitskaya emphasize that this phenomenon also includes fake accounts on social media. These accounts can be either automated bots or fake accounts of famous people, which creates additional risks for public opinion and trust in information. The spread of deepfakes and fake accounts contributes to disinformation and manipulation, making critical analysis of information sources especially important in today's digital space.

US law offers a variety of privacy protection mechanisms, which are regularly updated. Experts note that celebrities like Jay-Z have the ability to seek removal of their voice deepfakes using privacy laws. Similar situations may arise with other celebrities, such as Tom Cruise. Protecting privacy rights is becoming especially relevant in light of the rapid advancement of technologies such as deepfakes, which underscores the importance of upholding individual rights in the digital space.

In 2019, California passed a law criminalizing the use of deepfakes in political advertising. This law highlights the seriousness of the problem of deepfakes, which can significantly influence public opinion and the political landscape. The use of such technologies in politics raises concerns, as they have the potential to misinform voters and manipulate their elections. Legislative measures aimed at combating this threat demonstrate the need to protect democratic processes and ensure the integrity of elections.

Golubitskaya raises an important issue regarding deepfake detection. In March 2019, voicemails were presented in court cases in which the defendant claimed that his voice could have been generated using deepfake technology. This calls into question the reliability of such evidence and highlights the need to develop effective methods for its identification. In the face of the growing threat of audiovisual content manipulation, it is important to consider how deepfake technology may influence justice and public opinion.

The European Court of Justice is taking approaches similar to those used in the United States. The Court emphasizes that in such cases, laws aimed at protecting an individual's honor, dignity, and reputation must be applied. However, commercial regulation has proven insufficiently effective in addressing such issues.

China has strict regulations regarding deepfakes. Publishing content created using deepfake technology without adequate warning can lead to criminal prosecution. These measures are aimed at preventing the dissemination of pornographic material and protecting society from the negative consequences of using such technologies. Given the growing popularity of deepfakes, Chinese law seeks to ensure safety and ethics in the digital space.

Singapore is actively regulating the fight against false information. In 2019, the country's parliament passed a law prohibiting the publication of false information if a person has reasonable grounds to believe it to be so. This legislation aims to protect the public from manipulation and disinformation, as well as to strengthen trust in information in the digital age.

Golubitskaya notes that the methods for regulating deepfakes depend on the purpose of their use. For harmless jokes and parodies, a request from the person portrayed is sufficient to remove the content. However, the use of deepfakes for the purpose of manipulating public opinion or covering up crimes requires stricter measures and the development of specialized legislation. It is important to recognize that the various contexts in which deepfakes are used can have a significant impact on society, highlighting the need for a comprehensive approach to their regulation.

Regulating deepfakes is an important and pressing issue for legal systems worldwide. New technologies and laws aimed at protecting society from potential abuses associated with deepfakes are expected to be developed in the future. The need to create effective legal mechanisms to control and limit the dissemination of manipulative content is becoming increasingly urgent. Protecting citizens from disinformation and the misuse of deepfakes requires a comprehensive approach that includes both legislative initiatives and educational programs.