The Origin of Deepfakes
The term “deepfake” was coined in 2017 by a Reddit user who originally used the online platform to share pornographic videos using face-swapping technology. Fast forward to 2021 and deepfakes have long since transcended the pornographic world to now include many other forms of trickery. Generally, deepfakes are defined as a kind of media manipulation that includes a person’s likeness in a picture or video being swapped with another’s.
Recent examples of popular deepfakes include a Hulu commercial attaching Baker Mayfield’s voice to a look-alike’s body and a highly edited video of Mark Zuckerberg touting how great it is to own people’s data. Of course, neither represent real and honest media depictions of the actors portrayed, but nonetheless each illustrates the positive and negative impacts of deepfake technology.
A link to the Hulu commercial can be found here.
While deepfake creation can be done on a highly technical scale with complex synthetic media tools, not all designs require intense skill or training. On the simplest level, to create deepfakes all one needs is a simple phone application that allows for photo, video, and audio editing. The ease with which the everyday person can master this media manipulation is both intriguing and a bit alarming.
Deepfake Legislation
In October of 2019, the Deepfake Report Act was passed by the United States Senate as a stand-alone bill requiring the Department of Homeland Security (DHS) to conduct an annual study of deepfakes and similarly manipulated media content. Additionally, the Act commands DHS to assess: (1) the technology used in the creation of deepfakes, (2) the use of deepfakes by foreign and domestic entities, and (3) the countermeasures that can be taken to counteract deepfakes, as well as to help policymakers and the public better understand the threats that this media poses to our country’s national and election security.
A link to the Act can be found here.
Ohio Senator, Rob Portman, was instrumental in the passing of this bill and he is quoted as stating, “As deepfakes concerns grow by the day, we must address the challenge and grapple with important questions related to civil liberties and privacy.” Moreover, in 2021 the U.S. National Defense Authorization Act (NDAA) has been amended to require the DHS to issue its annual deepfake report for the next five consecutive years.
Deepfakes and Domestic Relations
As you can probably tell by now, these hyper-realistic photographs and videos have been used in both positive and negative ways. While some deepfakes are simply goofy pictures with harmless viewer messages, not all media creations are so innocent.
Specifically in the family law arena, deepfakes can pose a notable threat to parties who are overly active on social media. No one ever enters into a marriage with divorce as a goal, however often times it is an unfortunate reality that some couples face. Those who like to frequently post online updates about their daily activities and are also working through a separation with a vindictive soon-to-be ex, may find themselves in hot water. These same photos that were once posted with good intentions now have the potential to be negatively manipulated to produce a falsely accusatory image.
As illustrated, deepfakes pose a serious threat to the authenticity of evidence used in litigation. The public as a whole, with a specific emphasis on parties to a family law dispute, should be vigilant in checking social media privacy settings as well as more closely monitoring what is posted online. If you fear that your social media content has been edited in a negative way to be used against you, contact a lawyer immediately for professional legal advice.
Additional Links
Below are additional links to reputable research and articles that can be used to inform yourself on deepfakes:
- Deepfakes, explained.
- Deepfakes: Technology’s Dark Side.
- hWhat are deepfakes – and how can you spot them?.
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Our experienced Dayton divorce lawyers at Holzfaster, Cecil, McKnight & Mues can assist you with your divorce or dissolution related issues. To learn more, please go to our website at www.hcmmlaw.com, or call us at (937) 293-2141. We can schedule an in-person conference or one by phone or Zoom. We look forward to helping you!
PUBLISHER’S NOTE:
I want to thank Alyssa Acevedo for her assistance in drafting this article. Alyssa is externing with our firm this semester. She is in her third and final year of law school at the University of Dayton School of Law. You did a GREAT job with this article Alyssa! Kudos!
© 2021, Ohio Family Law Blog. All rights reserved.
Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he is the managing partner of Holzfaster, Cecil, McKnight & Mues. To learn more about him or the law firm, visit the firm’s website at www.hcmmlaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.
