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Belmont Law Review

Abstract

This Note examines the rapid emergence of deepfake technology and its growing threat to individual identity, reputation, and democratic processes. Tracing the technological development of synthetic media—from “cheapfakes” to AI-driven deepfakes—the author highlights how generative adversarial networks and machine learning tools have enabled the creation of highly realistic, nonconsensual visual and audio fabrications. The Note documents the predominance of deepfake pornography and the increasing use of synthetic media in political misinformation campaigns, emphasizing the reputational and dignitary harms suffered by victims. After surveying state-level legislative responses, including both criminal prohibitions and civil causes of action, the author evaluates the limitations and inconsistencies of existing approaches. The Note concludes by proposing a comprehensive federal statute that would criminalize the creation, possession, and dissemination of nonconsensual deepfakes of living persons while providing victims a private right of action, carefully considering potential First Amendment implications.

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