On issue of criminal liability for use of deepfake technology in the Russian Federation (considering experience of the United States of America)

Abstract

The paper examines challenges in identifying criminal liability for crimes committed by using deepfakes in the Russian Federation and the United States of America. Subject of the research is implementation of criminal legislation and its characteristics in crimes committed by creating or distributing deepfakes. The aim of the research is to define the deepfake technologies essence, analyze experience of the United States of America in combat with AI technologies and to present authors’ proposals on criminal legislation improvement. The methods of the research include dialectical, formal-legal, comparative-legal, statistical, analysis, synthesis. Author’s approach and academic novelty of the research are based on a critical analysis of existing legal mechanisms with an emphasis on identifying problems related to bringing to justice for various criminal acts committed using deepfake technologies. As a result of the research, a possible option for improving criminal legislation in terms of responsibility for such crimes is presented, namely, the authors propose to supplement the Criminal Code of the Russian Federation with a qualifying feature – the commission of a crime using deepfake technologies.