[HN Gopher] European Union allowing the use of deepfakes
       ___________________________________________________________________
        
       European Union allowing the use of deepfakes
        
       Author : Hard_Space
       Score  : 47 points
       Date   : 2021-04-15 15:38 UTC (7 hours ago)
        
 (HTM) web link (blog.lukaszolejnik.com)
 (TXT) w3m dump (blog.lukaszolejnik.com)
        
       | remix2000 wrote:
       | That's fine, people will probably just gain immunity to that,
       | like when they realized that train on a movie is not gonna run
       | over them, or when they realized that the king of Sweden isn't
       | actually wearing silly hats.
        
         | Blikkentrekker wrote:
         | If anything, this is quite welcome as it allows for plausible
         | deniability if one's private nudes were leaked or other such
         | matters.
        
           | throwaway3699 wrote:
           | Agreed on this point. Revenge porn is devastating in that
           | there is no way to solve the problem. Deniability will give
           | small something back to victims.
        
         | oblio wrote:
         | Just like a huge percentage of the population doesn't believe
         | that the Covid pandemic is a hoax or that masks are useless
         | against it?
         | 
         | Oh, the eternal optimism...
        
           | laurent92 wrote:
           | President of France and all its government said during the
           | entire first lockdown that masks were useless against Covid.
           | People would behave a teeeent bit better if they didn't know
           | they were blatantly lied in their faces as a common way of
           | governing.
        
       | jariel wrote:
       | They need to completely reconsider their approach because
       | regulating 'AI' really doesn't make any sense, and there's hardly
       | a way to even define in legal terms what 'AI' is.
       | 
       | Instead - they should focus on applied outcomes that may be
       | affected and signal their intent to monitor events in those areas
       | and regulate only if necessary.
       | 
       | 'Deep fakes' illustrates this quite well. If someone can manually
       | photoshop a 'fake' would that be legal?
       | 
       | What if they used tools that leveraged AI?
       | 
       | Does it have to be 'automatically generated' to be AI?
       | 
       | If there were to be legislation it would be around
       | 'misrepresentation' in this case, and should meaningfully be
       | applied to the outcome, not the technology.
       | 
       | They mention surveillance and other scenarios, again, the 'means'
       | really doesn't matter that much - what matters is privacy, where
       | and when people are monitored, etc..
       | 
       | We use considerably amounts of real world data to build models
       | for a variety of things - whether it's spreadsheets, algorithms,
       | Machine Learning or Neural Networks, or more likely a variety of
       | those things together ... doesn't matter. What matters is what
       | people are doing with it and how citizens are affected.
        
       | canjobear wrote:
       | It's weird to me that they even considered banning it. How would
       | you enforce that?
        
         | qayxc wrote:
         | > How would you enforce that?
         | 
         | The same way every law is enforced - by prosecuting those who
         | break it. Theft or murder being unlawful doesn't stop them from
         | happening either, yet I think we can still agree that it's
         | indeed very useful to have them be crimes, no?
        
       | Ekaros wrote:
       | Can't stop it, and there is some reasonable use cases. So why not
       | prohibit missuse by other legislation? Defamation laws already
       | exist.
        
       | raverbashing wrote:
       | > shall disclose that the content has been artificially created
       | or manipulated.
       | 
       | That's it. That's the condition. (With some exceptions there but
       | anyway)
       | 
       | It's a non-issue pretty much.
        
         | 13415 wrote:
         | The exceptions are odd and in my view indicate that some
         | government agencies are already using deepfakes for
         | questionable purposes or at least want to have the option to do
         | so.
         | 
         | Other than that, I agree. Having to clearly label deepfakes is
         | enough, and makes the use of deepfakes for deception illegal
         | (except for the ominous exceptions).
        
         | FredPret wrote:
         | So all movies with CGI now need a disclaimer?
        
           | jhgb wrote:
           | They already have it, don't they? In the form of "Special
           | Effects by XYZ" the credits, I believe.
        
           | raverbashing wrote:
           | No, because "unless this is obvious from the circumstances
           | and the context of use,"" as it says in TFA
           | 
           | But to a point, photoshopped images also require a disclaimer
           | in some countries (e.g. France)
        
       | zajio1am wrote:
       | Why should not? Deepfake technology is just a tool, that has both
       | legitimate and illegitimate usages. Can be used with consent of
       | displayed person, or e.g. in political satire.
        
         | willis936 wrote:
         | Funny you should mention political satire. Is it protected
         | speech to show a to-be mob a deepfake video of a political
         | rival in a secret meeting saying that they enjoy causing
         | suffering of the weak?
         | 
         | This is just one example. People are very easily manipulated
         | and these days tribes are operating in a post-fact era manner.
         | The prospect of readily available deepfakes makes this problem
         | _much_ worse.
        
           | lozenge wrote:
           | That's covered by the proposed regulations(it wouldn't be
           | allowed).
           | 
           | It's no use banning "deepfake technology"- you can't outlaw
           | maths.
        
           | ravi-delia wrote:
           | Honestly, I don't think the problem can get worse. Or at
           | least, it won't get worse because of more information. The
           | capacity of the human mind for rationalization is already
           | essentially infinite, people are manipulated because they
           | want to be manipulated.
           | 
           | It's pretty much to be expected, the world is really quite
           | complicated and without a drive for consensus independent
           | thought would lead you astray a hundred times before leading
           | you to water.
        
         | Mediterraneo10 wrote:
         | There is a phenomenon of minor celebrities making a porn tape
         | to cash in on their 15 minutes of fame, but sometimes they hire
         | an actor to stand in for them, and it is clearly a different
         | person. I wonder if one place where the displayed person will
         | consent, is using deepfake technology to better make the actor
         | look like the celebrity.
        
       | bellyfullofbac wrote:
       | I wonder how they define "Artificial Intelligence". Is that the
       | same term being thrown around by Silicon Valley grifters (hello
       | HN readers!)? Can I just claim my "video manipulation software"
       | is just a lot of mathematics, and it's not "intelligent"? Are
       | they going to add the Turing test into legislation?
       | 
       | It would be funny if in the future some stupid software can be
       | classified "intelligent" because some stupid bureaucrats made a
       | dumb definition...
        
         | FredPret wrote:
         | Our brains are probably also only a _lot_ of mathematics.
         | 
         | The border between intelligence and non-intelligence is either
         | a very wide grey area with bricks on one side and Einstein on
         | the other, or it's a well-defined line and much closer to the
         | bricks than to us.
        
       | ORioN63 wrote:
       | Great!
       | 
       | 1. What would be the point of a deepfake prohibition? The tech is
       | here and it can be useful. Prohibition only leads to further
       | issues legislating against actual bad actors.
       | 
       | 2. People like images/videos, people mostly trust images/videos,
       | but for that same reason they're commonly the best tools to
       | deceive and deceit. Here's to hoping that deepfakes will increase
       | their scrutiny and awareness.
        
         | 3np wrote:
         | This is pretty concerning, if not scary:
         | 
         | > "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.".
         | 
         | So, if "for the public good", it's all good for government and
         | others to fake all they want without disclosing that
         | manipulation has taken place.
        
           | GuB-42 wrote:
           | Weird exceptions indeed. I don't know in which case it would
           | apply.
           | 
           | To me, it just sounds like this is a "low priority" law.
           | 
           | For example, if you are allowed to use deception, for example
           | in the context of a criminal investigation, or if a citizen
           | needs to protect himself, then the new law doesn't change
           | that fact.
        
           | openfuture wrote:
           | It's incredible that "safeguarding public security" is
           | unqualified, there should be a law that specifies exactly how
           | such things are evaluated or it should be forbidden to put
           | such loopholes in law.
           | 
           | My respect for law as a field of study is starting to be
           | around the same as my respect for finance as a legitimate
           | business.
           | 
           | The people who actually study how to write law are
           | mathematicians (including to various extent the applied
           | mathematicians, which range from programmers through
           | engineers and all the way to the probability theorists a.k.a.
           | "scientists").
           | 
           | One day I hope we can clear up the misunderstanding in our
           | society about the extent of our reliance on mathematics and
           | stop acting as if "we cannot engineer solutions to social
           | problems" - these glorified scammers that write the law and
           | run the economy are the cancer that is killing everything.
        
       | squarefoot wrote:
       | There's something in that text that I find worrying:
       | 
       | "... 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.".
       | 
       | Does the above mean that the powers can create deepfakes, but
       | given certain conditions, they're not obligated to reveal their
       | nature? There's huge room for bending these rules to disseminate
       | fake news to attack opponents, falsely accuse innocent people of
       | crimes or save others from crimes they have committed. These laws
       | will be abused, that's for certain, because they look exactly
       | like they were thought with abuse in mind.
        
         | jariel wrote:
         | "Does the above mean that the powers can create deepfakes, but
         | given certain conditions, they're not obligated to reveal their
         | nature?"
         | 
         | There's a similar, obvious loophole, in the statement from the
         | released EU doc:
         | 
         | "users of AI systems who use the same to generate or manipulate
         | image, ..."
         | 
         | Basically limiting the regulatory concern to the 'use of AI' in
         | the process.
         | 
         | So what if 'AI' is not used?
         | 
         | If you create 'fakes' manually - by some non-AI process, by
         | dubbing over a voice - that's cool then?
         | 
         | Because if that statement were used in a legal context, then
         | the notion of 'users of AI' seems fairly explicit.
         | 
         | I've been downvoted into oblivion for the the very clear
         | observation: it's nary impossible to legislate using specific
         | technologies, especially as they are ill-defined.
         | 
         | The issue here is not 'AI' - it's the 'misrepresentation' of
         | individuals, and the legal precedent has nothing whatsoever to
         | do with the means of reproduction.
         | 
         | If you 'fake' a representation of a celeb or public figure, and
         | the EU wants to make that illegal for whatever reason, then
         | that's fine, but it has nothing to do with AI.
         | 
         | The legislators are misinterpreting the nature of this new
         | branch of computing.
        
         | IanCal wrote:
         | Those get-outs are pretty standard boilerplate. They're there
         | even when it comes to human rights - as otherwise certain
         | actions by the state would not be permitted (for example jail).
         | 
         | > There's huge room for bending these rules to disseminate fake
         | news to attack opponents, falsely accuse innocent people of
         | crimes or save others from crimes they have committed
         | 
         | I'm not sure how well that would work in court. Which is where
         | you'd go if you think the government in your country has broken
         | the law, isn't that the process?
        
         | Nasrudith wrote:
         | When has that not been the case? There is no obligation to
         | label your centurion helmet or novelty photoshop of the
         | presidentbwalking down the white house lawn without pants as
         | fake.
         | 
         | The actual misdeeds themselves are the crimes like false
         | accusations.
        
       | somedude895 wrote:
       | Title should say "European Union not prohibiting deepfakes"
        
         | Wohlf wrote:
         | It depends on the text of the regulation, it may be written in
         | a way that bans all uses not explicitly allowed, which I
         | believe is common for EU regulations.
        
         | [deleted]
        
       | superkuh wrote:
       | This is a pleasant surprise. If photo editing is legal (and it
       | obviously should be) then editing the frames of videos should be
       | legal. Modern technology just allows for individual people to
       | feasibly do large number of frames.
       | 
       | It's good to democratize what was previously the domain of only
       | institutions and corporations. As for the claims of ownership on
       | derived works from public data, well, the only reason that's even
       | being entertained as a valid legal claim is technological
       | ignorance and the catchy name "deepfakes".
        
         | sewercake wrote:
         | While I'm not sure where I stand on this ruling, there's a flaw
         | in this form of reasoning. Namely, I don't think this is merely
         | (or at least usefully) reducible to 'efficiently editing a
         | series of frames'. The ability to do so has emergent effects,
         | and that should be taken seriously!
        
       ___________________________________________________________________
       (page generated 2021-04-15 23:02 UTC)