Welcome to Degen Lawyer's Newsletter, where we bring you your weekly dose of legal insights, and regulatory updates in the emerging tech and law space. Our expert lawyers serve up curated analysis, hot takes, and expert commentary, sprinkled with a healthy dose of the wacky and meme-worthy content. Enjoy!

In this week’s edition:

News in short:

1. EU Future Proofing AI Regulation:

   The Organisation for Economic Cooperation and Development (OECD), has updated its definition of AI. The definition is expected to be incorporated into the EU’s AI Act which is to be enacted end of the year and will come into force over an 18-24 month period. The definition, as per OECD, has been drafted to reflect the developments in AI over the last few years and to enhance the technical accuracy to make it more ‘future proof’. EU is setting the stage globally for AI regulation and the changing definitions of the EU are sure to shape how global laws are made.

2. Broadcasting and OTT Bill in the works in India:

   The Indian government sought comments on the draft Broadcasting Services (Regulation) Bill 2023, which will replace the Cable Television Networks (Regulation) Act of 1995. The bill seeks to modernize regulation surrounding broadcasting services, including OTT content, with a ‘futuristic focused approach’, salient points include setting up a Content Evaluation Committee and a Broadcast Advisory Council, with an aim to improve self-regulation and inclusive decision-making within the industry. The draft bill comes as a much-needed update

   to existing laws. But there has been some concern that the Bill will censor voices and only time will tell if it will capture the nuances of with the changing landscape of media and streaming.

Article of the week

Deepfake Survival Guide

Introduction

In the age of viral videos and fast-evolving tech, our digital realm is becoming a playground for troublemakers. Celebrities like Rashmika Mandanna and well-known faces such as Katrina Kaif, Sara Tendulkar, and Shubman Gill are grappling with deepfake videos! India is the latest to witness a wave of deepfake attacks that have left us questioning the authenticity of everything we see online. Can our eyes really be trusted anymore?

The scary part. You could be next. Luckily, we have come up with this guide to help you navigate the world of deepfakes.

What are deepfakes?

Deepfake uses AI to create convincing images, audio and video hoaxes. The term describes both the technology and the resulting bogus content and is a portmanteau of deep learning (similar to the now infamous machine learning) and fake.

Deepfakes often transform existing source content where one person is swapped for another. They also create entirely original content where someone is represented doing or saying something they didn't do or say.

The greatest danger posed by deepfakes is their ability to spread false information and destroy lives. For example, in 2022 a deepfake video was released of Ukrainian president Volodymyr Zelenskyy asking his troops to surrender or of various women being subject to accusations of being pornstars due to deepfake porn, which is un-shockingly what most deep fake videos are used for. Some even estimate it makes up over 95% of all deepfake videos disproportionately targetting women.

How to Detect Deepfakes?

Detecting deepfakes can be a game of roulette. Unfortunately, there does not exist reliable and widely available tech tools to detect deepfakes. Sometimes its very evident, like this:

but in a lot of other cases it can be so well put together that no one call tell the difference.

It really is somewhat a game of spot the odd one out, however, here’s a general rule of thumb:

• You can start by scrutinizing the content for subtle inconsistencies like unnatural facial expressions, strange lighting, or background elements that just don't fit. 

• Pay close attention to facial features; deepfakes may sport bizarre facial proportions, mismatched eyes, or mechanical expressions. 

• Keep an eye on the video's quality, as deepfakes may show pixelation or blurriness. Check the background, and use reverse image and audio searches to cross-reference the content with known deepfakes. 

• Be cautious of unknown sources, and review the file's metadata for potential alterations. 

  While these wont always help, just stay sharp, keep your scepticism alive, and remember your gut feeling often tells you when something's amiss. Spotting these digital shapeshifters is a skill worth honing.

What can you do in India?

In light of the recent wave, the Indian government has issued clear instructions to "social media intermediaries" regarding the removal of morphed videos or deepfakes from their platforms within 24 hours of a filed complaint. This directive aligns with the requirements outlined in India's IT Rules 2021, which mandates the removal of all content reported as fake or produced using deepfake technology within 36 hours.

Further, the old and trusty IT Act comes into the picture, Section 66E of the IT Act, which penalizes the misuse of images that infringe upon your privacy. Section Section 66D, deals with punishment for cheating by impersonation by using a computer.

What are other countries doing?

Everyone is grappling with this issue. In the European Union, there have been very vocal calls for fact-checkers and there is mounting pressure on tech giants to counter deepfakes and fake accounts by using tech and AI tools. AI Act in the EU is also bound to have some language around deepfakes. China requires clear labels on deepfake content. The United States has introduced the Deepfake Task Force Act, fostering cooperation to tackle this tech's challenges head-on.

On a lighter note

Like any technological innovation, it’s not all bad. Deepfakes have shown their potential for positive use as well. Take the entertainment industry, for example, where technology has been employed to bring beloved actors back to life for film roles, paying homage to their legacies and delighting fans. Additionally, deepfakes have been utilized for educational purposes, such as language learning and historical reenactments, offering engaging and immersive experiences. Consent and parodies also play a pivotal role in shaping our perspective on deepfakes. When individuals willingly participate in creating deepfake content for artistic expression or humour, they can be a source of entertainment, fostering creativity and laughter. Parodies, impersonations, and satirical works using deepfake technology have brought smiles to countless faces, showcasing its lighter side when executed with respect and ethical boundaries.

Conclusion

However, there is definitely more harm than good and when it comes to the internet, the phrase ‘Once on the internet it lives forever’ still remains true. Unless there are global regulations in place to nip this in the bud, once a deepfake video gets out there is little anyone can do to stop its spread. So stay vigilant and don’t believe everything out there.

Did You Know?

Omegle founder Lief K- Brooks issued a statement saying that he was shutting down due to psychological and financial stress. While it had its share of legal troubles due to it becoming basically a playground for Predators. It still elicited mixed emotions because it was such an integral part of so many lives.

The question is what does this mean for the future of the internet? The platform itself was not illegal and there are laws to prosecute the real wrongdoers. But it still could not survive, if we keep losing such platforms, the Internet will just be controlled by Internet giants and what makes the Internet unique will be lost.

Just some food for thought.

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