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Brooklyn Journal of International Law

Authors

Yi Yan

First Page

767

Abstract

Deepfake technology is becoming increasingly sophisticated, and with it, the potential to pose a significant threat to the digital community, democratic institutions, and private individuals. With the creation of highly convincing but entirely fabricated audio, video, and images, there is a pressing need for the international community to address the vulnerabilities posed by deepfake technology in the current legal landscape through unambiguous legislation. This Note explores the ethical, legal, and social implications of deepfakes, including issues of privacy, identity theft, and political manipulation. It also reviews existing international legal frameworks, i.e., the Convention on Cybercrime (“Budapest Convention”) and proposes a set of principles that could guide the development of new legislation. This Note concludes that the digital nature of the deepfake threat requires a coordinated international response in the form of international policy development on the creation, distribution, and use of deepfakes. Most significantly, international legislation is essential to provide legal recourse for individuals and safeguard democratic institutions from the harm that deepfakes can cause in the digital age.

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