Original title: "AI face change", there are risks behind convenience (people's concern).
Upload a **, you can replace the singer with yourself;With one click of production, you can become a classic character ...... in **For a period of time, the "AI (artificial intelligence) face swap" technology has been widely used in the secondary creation of short **, bringing a fresh experience to the public. Many netizens sighed that the ** generated by "AI face swapping" is vivid and interesting. However, some netizens believe that the "AI face swap" technology has a lot of potential safety hazards and should be strengthened.
Recently, a lawyer in Shijiazhuang, Hebei Province reflected in a letter that some local enterprises need face recognition for registration, and it is easy to be registered by people using "AI face swap" technology. ”
In recent years, in order to make profits, some criminals have used "AI face swapping" technology to impersonate acquaintances to commit fraud or steal personal information, infringing on the rights and interests of the public. According to the report of Baotou**, Inner Mongolia, Mr. Guo, the legal representative of a company, was defrauded of 4.3 million yuan within 10 minutes, and the criminals' fraud method is to pretend to be acquaintances through "AI face swap" and onomatopoeia technology, although Mr. Guo "verified" his identity through ** chat, but his "friend" was counterfeited by criminals with "AI face swap" technology.
In addition, "AI face swapping" technology may also infringe on the security of citizens' personal information and even public information. The Xiaoshan District Procuratorate in Hangzhou, Zhejiang Province, filed a civil public interest lawsuit with the Hangzhou Internet Court for a case of using "AI face-swapping" technology to infringe on citizens' personal information. Yu Moumou illegally obtained a lot of face information from the public space of the Internet, and used deep synthesis technologies such as "AI face swapping" to illegally process and produce **, and then spread and profit on social software, and even provided face swapping ** services, so that unspecified groups became potential targets of infringement. In the end, the Hangzhou Internet Court found that Yu Moumou infringed on public information security and should also bear the corresponding civil tort liability.
"AI face-swapping" technology is a double-edged sword. "While providing convenience for the people's lives, it also extracts people from the real scene, breaking the traditional cognition and social consensus of 'face is real', resulting in visual distortion, the authenticity of biometric information is dissolved to a certain extent, and there is a risk of information security and personal rights being infringed. Zhou Hui, deputy director of the Network and Information Law Research Office of the Institute of Law of the Chinese Academy of Social Sciences and executive deputy secretary general of the Network and Information Law Research Association of the China Law Society, said.
From the perspective of judicial practice, there have been many cases of infringement of intellectual property rights or personality rights due to the short ** generated by 'AI face swapping' and have entered the litigation process. Zhu Ge, vice president of the First Comprehensive Trial Division of the Beijing Internet Court, introduced that for example, cross talk, film and television dramas, etc., are all works protected by the copyright law, and users of the short ** platform use the "AI face swap" technology to upload cross talk, film and television dramas, etc., and may face the legal risk of copyright infringement.
China's Civil Code makes personality rights an independent codification, stipulating that no organization or individual may infringe upon the portrait rights of others by means of scandalization, defacement, or forgery by means of information technology. "Without the consent of the parties, the platform provides other people's image templates for users to use the 'AI face swap' technology to make **or** and publish them, and both the platform and users face the legal risk of infringing on the portrait rights of others. Zhu Ge reminded that even if the user has relied on the platform or has paid, it may constitute infringement.
According to relevant provisions, the provision and use of generative AI services shall respect the lawful rights and interests of others, and must not endanger the physical and psychological health of others, and must not infringe upon others' rights and interests in portraiture, reputation, honor, privacy, and personal information. "New technologies such as 'AI face swapping' are neutral in themselves, but they should be used in a standardized manner. Zhou Hui said that deep synthesis service providers such as short ** platforms should fully consider legal risks and market risks when putting into use relevant applications, fulfill the obligation of conspicuous identification stipulated by law, remind the public of the consequences of deep synthesis, and promote the healthy and compliant development of technology.
The public should not only enhance their awareness of the protection of personal information, especially biometric information such as faces, but also respect the intellectual property rights and personality rights of others when using new technologies, fulfill their duty of prudent care, and avoid falling into unnecessary litigation disputes. Zhu Ge reminded.
*:People**.