Analysis of the case law establishing circumstances of illegal distribution of generative content created using artificial intelligence

Abstract

The authors consider various cases from judicial and investigative practice related to the illegal distribution and use of generative content created using artificial intelligence technologies. Special attention is paid to the issues of proving the falsification of digital products created by neural networks, including voice and graphic deepfakes. The legal and technological aspects of the use of such evidence in court proceedings are analyzed. The authors also emphasize that there is no legal definition of a deepfake in the current legislation, and without this it is not possible to talk about the modernization of domestic legislation. Taking into account the pace of development of artificial intelligence technologies, it is necessary to define legally the deepfake. In the context of the rapid development of artificial intelligence technologies, it is necessary to regulate the deepfakes, taking into account the legal gaps that accompany the current level of artificial intelligence development and threats that are already real, which is confirmed by the considered judicial practice. The necessity of creating a data set for conducting experimental phonoscopic studies of phonograms with recordings cloned using neural networks of voices is substantiated. The methodological basis of the research is the universal dialectical method, general scientific (description, comparison, generalization, modeling, etc.) and private scientific methods. The novelty of the research lies in the identification and systematization of key problems related to the conduct of forensic examinations and the legal regulation of generative content. The paper presents recommendations for improving legislative norms and expert methods (using the example of forensic phonoscopic examination), including the need to create specialized databases and scientific and methodological approaches for the study of generative content. The conclusions of the article emphasize the importance of developing standards for diagnosing the use of generative artificial intelligence in the creation of digital products, as well as the need to improve the skills of experts conducting forensic examinations in relation to such objects. The obtained results can be used to form more effective mechanisms of legal response to the challenges associated with artificial intelligence technologies.