Victims' rights lawyer Carrie A. Goldberg, author of the book, "Nobody's Victim: Fighting Psychos, Stalkers, Pervs, and Trolls", shared an article with TheTrichordist.com recently.
https://thetrichordist.com/2019/10/08/guest-post-by-cagoldberglaw-scared-as-hell-section-230-denies-access-to-justice-not-free-speech-protection-via-musictechpolicy/
It seems that American law protects Big Tech publishers of untruthful speech, even if it is harmful speech, doxxing, or something akin to revenge porn... as in the case she describes of a vengeful ex impersonating his former lover on an online dating site.
Writing for Australian audiences and the law firm Gilbert + Tobin, legal bloggers Alexander Ryan and Andrew Hii discuss deep fakery, and the reality that if a deep fake is used to defame a victim, the conventional defamation defense (that the damaging information is true) cannot be used. It is a fascinating discussion of criminal deception and disinformation.
Lexology version:
https://www.lexology.com/library/detail.aspx?g=757d4839-4281-4d84-b7be-016daaf8c378
Original article:
https://www.gtlaw.com.au/insights/disinformation-takes-new-face-deepfakes-current-legal-landscape
In the USA, some legislators have introduced a bill, The Deep Fakes Report Act of 2019, to look into the growing problem of technology that can generate videos of people appearing to do things they never did, and recordings of people saying things they never said.
Lexology version:
https://www.lexology.com/library/detail.aspx?g=5bb08f69-33ee-4e83-ab06-efce0ae20079
Wilmer Hale original version:
https://www.wilmerhale.com/en/insights/client-alerts/20190702-bipartisan-group-of-legislators-unveils-bill-to-address-threat-of-deepfake-videos
Meanwhile, we cannot believe our eyes or our ears.
All the best,
Rowena Cherry
SPACE SNARK™ http://www.spacesnark.com/ http://www.rowenacherry.com
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