EL PASO (KFOX14/CBS4) – Artificial intelligence is making it easier than ever to manipulate photos and videos, but using AI to create “deepfakes” can cross legal lines in Texas and New Mexico, according to personal injury attorney Omar Silver of the Labinoti Law Firm.

Silver said AI deepfakes “can be illegal depending on certain circumstances,” including “election interference, harassment and stalking,” “non-consensual sexual images,” and “fraud or impersonation.”

He said Texas has taken a particularly tough approach in some areas, adding, “They’ve really cracked down on AI generated political and sexual depictions,” and that “the law has been very clear that they will not tolerate these kind of AI deep fakes.”

For people who discover an AI-manipulated image of themselves online, Silver said the first step is to determine whether it falls into one of the categories that can trigger legal consequences, including “defamation, fraud, impersonation, harassment, stalking, election interference,” or “non-consensual sexual images.”

“If it falls within those you report it to the police, make a report and have the authorities take it from there,” Silver said.

Silver noted that anonymous or “ghost” accounts can complicate efforts to pursue a case. “In order for you to report it to the authorities or actually sue somebody civilly you have to know who you are suing or who are you pressing charges,” he said.

Even so, Silver said law enforcement can help guide victims through the process. “The authorities, if you reported the authorities, they would guide you and help you,” he said, including “ways where they can help you take down the images.”

Sponsored by Labinoti Law Firm

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