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Catholic University Journal of Law and Technology

Catholic University Journal of Law and Technology

Abstract

Videos, known as deepfakes, use readily available software to create a work that shows people saying and doing things they may never have uttered or engaged in. The technology making the videos appear very authentic is advancing at such a rate that people may not be able to detect if the videos are fact or fiction. Given the hasty acceptance of other forms of fake news in society, deepfake videos have the ability to affect the nature of information the public receives about candidates and policies. This study examines the potential use of deepfake videos in the democratic process, analyzes the challenges in regulating this area due to the First Amendment, questions the practicality of the marketplace of ideas metaphor in today’s news and information environment, and explores possible responses to the spread of deepfakes.

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