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Publication Date

2022

Abstract

Deepfake technology recently took the internet by storm. Although they can be used for both innocuous and nefarious purposes, deepfakes overwhelmingly depict people who appear to be creating nonconsensual pornography. The rise of deepfake technology must be accounted for in the existing federal legal framework, specifically in cases implicating images of children. While deepfakes’ malicious uses ought to be criminalized, exceptions should be made to use deepfake technology as a tool to enforce and deter purveyors of child pornography. This Note explores what the emerging legal framework addressing deepfakes should look like and considers the importance of using the “flipside” of deepfake technology—meaning its potentially safe, beneficial uses—to stop child pornography.

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