Don't throw the baby out with the bathwater: Protecting children against CSAM deepfakes without banning ai technology

Abstract

The concept and dangers of social media and Child Sexual Abuse Material (CSAM) are not new; however, new issues have developed with the promulgation of artificial intelligence and the creation of deepfake media. Children are being adversely affected by deepfakes in a whole new way, which is reflected by the lack of legislation in this area. This, along with the increasing public accessibility to manipulate media, has created ever‐growing dangers, which the country is not prepared to handle. This Note opposes banning AI technology, and instead proposes a two‐part federal legislation to provide criminal and civil penalties for CSAM deepfakes.