Trolls Used Her Face to Make Fake Porn. There Was Nothing She Could Do. Sabrina Javellana was a rising star in local politics — until deepfakes derailed her life.

silence7@slrpnk.net to politics @lemmy.world – 311 points –
Trolls Used Her Face to Make Fake Porn. There Was Nothing She Could Do.
nytimes.com
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Might be unpopular opinion but deepfakes should be considered identity theft.

Eh... identity theft sentencing, assuming you go federal, is 2 years minimum. And most cases are civil.

I prefer fraud, which carries 5 years. Add wire fraud on top of that and now you're talking 20 years.

If doing it ruins the victim's life the sentences should have an equal effect on the perpetrator's life. So yeah I agree with your assessment too.

Hot take: Deep fakes may be much closer to rape (and maybe should be adjudicated similarly) than they are to identity theft or fraud because of the harm they cause and because that social assault is more closely related to power and consent than a simple fraud.

Add in breaking revenge porn and character defamation laws and the perpetrators could theoretically get a good chunk of time in prison depending on where the court is located due to differences in state laws.

I think it's very clear it's libel. We had this framework in place for decades! Technology being better doesn't just flip the issue to another legal genre 🙄

There’s got to be some sort of copyright violation too

If copyright was made to protect people maybe, but as it stands copyright is another form of ownership available to those with the means to hold it and the money to enforce it in court. A whole host of not legal stuff becomes very legal once you realize the other party doesn't have lawyers on retainer.

That's an awful legal take, but I understand what you're saying.