Six years in prison for a digital mask: what else awaits deepfake creators

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A new bill has been submitted to the State Duma.

A bill has been submitted to the State Duma that proposes to introduce a new qualifying feature in several articles of the Criminal Code - the use of deepfake technologies. The authors of the initiative were the chairman of the Duma Committee on Labor, Social Policy and Veterans' Affairs Yaroslav Nilov and Senator Alexei Pushkov.

"We proposed to amend the Criminal Code and clarify some qualifying signs for attempts to use deepfake technologies for illegal purposes. Legally, this concept has not yet been spelled out in the legislation, although it has been around for a long time", Nilov said.

The bill proposes to change the articles of the Criminal Code relating to "Slander", "Fraud", "Theft", "Extortion", as well as "Fraud in the field of computer information" and "Causing property damage by deception". According to the document, defamation using an image or voice (including falsified or artificially created) of the victim, as well as using his biometric data, will be punishable by a fine of up to 1.5 million rubles or imprisonment for up to two years. Fraud using such technologies can result in a fine of up to 400 thousand rubles or imprisonment for up to six years.

The authors of the project noted in the explanatory note that the development of computer technologies has significantly expanded the possibilities of creating fake video and audio materials based on images and voices of citizens. Modern technologies, including neural networks and artificial intelligence (deepfake, digital mask, etc.) technologies, make it possible to create fakes that are almost impossible to distinguish from real ones.

However, the government of the Russian Federation in its official response to the bill pointed out a number of problems. In particular, there is a lack of regulation of the use of personality substitution technologies in sectoral legislation. "The introduction of the proposed regulation into the criminal legislation is not possible due to the lack of corresponding norms of substantive legislation, which entails significant risks of the formation of incorrect law enforcement practice", the document says.

In addition, the government pointed out the absence of statistical and other data in the explanatory note to the bill "indicating the public danger of criminalized acts". In the Government's view, it is impossible to conclude that the public danger of these acts is heightened.

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