https://blog.lukaszolejnik.com/european-union-regulating-ai-allowing-the-use-of-deepfakes/

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15 Apr 2021 on technology policy | AI | cyber risk

European Union regulating AI - allowing the use of deepfakes

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After the success of the GDPR, Europe is doubling down on setting the
standards in Artificial Intelligence. It should be clear to everyone,
especially after a version of the "REGULATION ON A EUROPEAN APPROACH
FOR ARTIFICIAL INTELLIGENCE" project leaked. While it contains
interesting AI governance ideas, I will withhold further assessment
for the final version. Here I limit myself to a small observation.

European Union will allow the use of deep fake technologies. Yes, the
technology that can put someone's face in realistically looking
images or videos, or synthetically create audio content, to make
anyone appear to be saying anything.

This is evident from Article 1 of this regulation: "It also lays down
harmonised transparency rules for AI systems intended to interact
with natural persons and AI systems used to generate or manipulate
image, audio or video content".

But it is even more evident in Article 43 ("Transparency"): "users of
AI systems who use the same to generate or manipulate image, audio or
video content that appreciably resembles existing persons, objects,
places or other entities or events and would falsely appear to a
reasonable person to be authentic [or truthful], shall disclose that
the content has been artificially created or manipulated. This
obligation shall not apply where necessary for the purposes of
safeguarding public security [and other prevailing public interests]
or for the exercise of a legitimate right or freedom of a person and
subject to appropriate safeguards for the rights and freedoms of
third parties.".

What's that? Yes, the regulation of the European Union is allowing
the use of deepfakes.

This is also present in Recital 68: "(...) Moreover, users, who use
an AI system to generate or manipulate image, audio or video content
that appreciably resembles existing persons, places or events and
would falsely appear to a reasonable person to be authentic ..."

So again, European Union is foreseeing, and allowing the use of
deepfakes.

The use of deepfake technology must be disclosed: "providers of AI
systems shall ensure that AI systems intended to interact with
natural persons are designed and developed in such a manner that
natural persons are notified that they are interacting with an AI
system, unless this is obvious from the circumstances and the context
of use,"

We  know how such disclosures might end up looking. Some tiny-font
disclaimer? Perhaps not even overlaid on the media but kept in some
"transparency policy" on the provider's website? Sadly, people are in
practice very bad at detecting manipulated content.

Risks of deepfakes

Is it a risk? I'll let you be the judge but let's imagine how this
could be used or misused:

  * In automatic, microtargeted commercials where a "famous face" is
    synthetically speaking in a fixed script. Think Einstein selling
    pizza.
  * In the industrial-grade creation of political messages or spots.
    So in PR, political PR, speech generation. Think of a political
    leader or a Famous Face sipping coffee and eating cheesecake,
    meanwhile hundreds and thousands of multimedia content are being
    automatically manufactured and then (micro)targeted and delivered
    to the viewers. Such a Famous Face probably does not need to even
    be alive anymore. Perhaps this makes political PR or
    disinformation, a bit simpler?
  * In the Enemy Leader scenario issuing a message that Your Country
    Forces are obliterated and so Prepare to Surrender, or  not.


It doesn't need to go this way

While some allegations/rumors were flying that deepfakes are already
being used by cybercriminals, these turned out to be fake. At least
one politician used deep fake technology to create video material in
his political campaign to speak in different languages. So yes, it is
possible to use the technology in legitimate ways. Meanwhile,
security authorities are increasingly concerned with deepfakes being
in use for nefarious purposes (disinformation). Facebook and Twitter
banned the use of deepfakes. The US Department of Defence is
prohibiting their production. In 2018 Europe was concerned with
deepfakes being present in the U.S. 2019 elections, back then I
explained why this was not an issue.

The use of deepfakes has the potential to transform how societies,
and the political debate, function. This might be a route to a point
with no return.





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