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The Business, Entrepreneurship & Tax Law Review

Abstract

Waking up and finding videos of yourself online engaged in lewd acts is traumatizing—realizing that the videos were created by artificial intelligence without your consent exacerbates the trauma even further. With technology advancing faster than the law can keep up, safeguards need to be implemented to protect victims of internet crimes. This article examines the prevalence of deepfake pornography, its creation, and the damage it causes. Further, this article examines the current short-comings of the right of publicity, the right to privacy, copyright law, and revenge pornography law as they currently stand. This article proposes an exception to Section 230 of the Communications Decency Act as the best possible solution to the problem victims are facing. This proposed exception is not the first of its kind, and, if implemented, it has the potential to revolutionize the way victims of deepfake pornography receive redress for the violations committed against them.

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