The proliferation of AI generated deepfakes has forced change on the laws protecting victims. Keep reading to learn more. 

AI, Deepfakes, and Reality 

Simply put, AI is a broad category of technology that allows computers to perform complex functions. One of these complex functions is creating deepfakes. Deepfakes manipulate an existing video, image, or audio recording to show someone doing something, or saying something, they never did or never said. Many times these deepfakes are used for malicious purposes and women are disproportionately preyed upon through AI generated non-consensual intimate imagery deepfakes. 

There are a number of different types of deepfakes, but most fit under one of the three categories listed below: 

• Video deepfakes: Video deepfakes can use face-swapping (taking one person’s face and superimposing it on another person’s body), lip-syncing (manipulating a person’s mouth movements to fit an audio that is not theirs), and re-enactments (manipulating a video to make it look like a person is doing something they never did). 

• Audio deepfakes: An audio deepfake is a synthesized or altered audio clip that is manipulated to sound like a real person, often making them say things they never said. 

• Text deepfakes: Text deepfakes are AI generated text that is made to mimic a specific person’s writing style. This is often done to deceive people into thinking the target wrote the material. This is commonly done in phishing scams, financial fraud cases, and in political influence campaigns. 

When someone is the target of a deepfake, they feel humiliated, embarrassed, and distressed. Many victims even experience poor mental health symptoms like depression and anxiety, and in extreme cases, trauma. Victims can potentially lose jobs and job prospects and are forced into a “silencing effect”, a term coined by Amnesty International to show how victims are successfully silenced due to the lasting ramifications of being the target of a deepfake. 

Those who refuse to be silenced look for justice. Unfortunately, laws providing protection from most AI generated deepfakes are still evolving. At the federal level there is some protection from deepfakes that are intimate in nature, and on the state level, a few states have passed laws protecting citizens from other types of deepfakes. 

The Laws and Technology 

As mentioned, there are not many laws in the books to prosecute the crimes directly associated with deepfakes. However, there are more and more being considered and a few that can be used to seek justice against those who create ill-intended deepfakes. 

The primary legislation that protects victims of malicious deepfakes and non-consensual intimate imagery (NCII) is the federal Take It Down Act that was signed into law in May of 2025. This law makes it illegal to create and share NCII, and requires platforms to remove this type of content within 48 hours of being notified of it. This act also includes guidelines for punishment for violators, from fines to imprisonment, and provides legal protection for platforms who remove the content within the given timeframe. 

Some other laws that exist that can be helped to prosecute deepfake creators include: 

FTC Act: This allows the Federal Trade Commission to pursue charges against any company or individual who uses deepfakes for frauds, scams, or false advertising. 

Computer Fraud and Abuse Act: If unauthorized access to computers results in the sending out of deepfake material for fraudulent purposes, this act can be used to prosecute those who are guilty. 

Wire Fraud Statutes: These laws can vary by state, but can be used to prosecute cases where fake audio or video was used to defraud victims. 

While there are some laws that can assist in the prosecution of those who seek to use deepfake technology for ill-natured reasons, the number of laws is slim. There are currently two proposed federal legislation acts, the NO FAKES act, and The Preventing Abuse of Digital Replicas Act that take aim at digital likeness misuse. These acts move our country toward more federal protections. 

Accused of Creating a Deepfake or another Internet Crime? 

If you have been accused of creating a deepfake or another internet crime, you should contact a knowledgeable criminal defense attorney immediately. Take the accusations seriously because they are life-changing. The legal team at the Law Offices of Robert J. DeGroot is here to help. 

If you or someone you know is facing an internet crime accusation, reach out to the Law Offices of Robert J. DeGroot today!