Let’s Be Realistic: Crafting an Effective Legal Remedy for Victims of Deepfake Pornography

Generative artificial intelligence has created a new frontier of sexual violence worldwide: deepfake pornography. What once required technological expertise and sophisticated software is now in the hands of the general public, creating victims of all ages, races, genders, and sexual orientations. By creating false media depicting victims, mainly women, in fabricated sexual acts, perpetrators subject victims to mental, emotional, reputational, and even physical harm. Traditional legal avenues, such as tort law, intellectual property law, and state nonconsensual pornography statutes, are not equipped to handle the new technology and, therefore, only provide imperfect solutions for victims. Among the few state laws on deepfake pornography, protections and requirements for victims vary depending on where they are in the country. This Note argues that Congress has the power to sidestep legal barriers faced by state governments and victims alike. With nonconsensual pornography laws and state deepfake pornography laws to inform it, Congress should pass federal criminal legislation that applies clearly, uniformly, and efficiently across the country. Such legislation will provide past, current, and future victims of deepfake pornography with the justice they deserve.