Research on Legal Risk Prevention and Control Countermeasures of Deepfake
The Deepfake has realized the technological revolution from continuous innovation to destructive innovation,and has produced both positive and negative effects in its application.From a typological point of view,the Deepfake simultaneously triggers micro legal risk based on individual rights spectrum(type Ⅰ),medium legal risk based on market economic order(Type Ⅱ)and macro legal risk based on national public security(type Ⅲ),and thus forms a diversified and hierarchical legal risk pattern.In order to effectively resolve risks,the United States,the European Union and China have respectively formed the"bottom-up"decentralized governance model,the"top-down"vertical governance model and the"multi-participation"cooperative governance model,and each presents distinct advantages and disadvantages.In view of this,China can achieve effective prevention and control of the above-mentioned legal risks by forming a comprehensive governance model combining"soft law+hard law+algorithm":at the level of soft law,we should perfect the system of science and technology ethics and clarify the substantive and procedural norms of science and technology ethics;at the level of hard law,the rigid constraints of risk prevention and control could be strengthened through the coordination of the two subsystems of risk prevention and risk control;at the algorithm level,we should realize the whole process technical supervision from sample data collection to deepfake content release,and give full play to the normative function of technology.
DeepfakeDisruptive InnovationLegal RiskEthics of Science and TechnologyAlgorithm
万方数据
维普
