# AI deepfake tricks Democrats as laws lag behind improper use of 'digital twins'

### AI deepfake of Donald Trump Jr. supporting Russia recently tricked official accounts of the Democratic Party

Artificial intelligence (AI) is producing hyperrealistic "digital twins" of politicians, celebrities, pornographic material, and more – leaving victims of  struggling to determine legal recourse.

Former CIA agent and cybersecurity expert Dr. Eric Cole told  that poor online privacy practices and people's willingness to post their information publicly on social media leaves them susceptible to AI deepfakes.

"They have our pictures, they know our kids, they know our family. They know where we live. And now, with AI, they're able to take all that data about who we are, what we look like, what we do, and how we act, and basically be able to create a digital twin," Cole continued.

### Keep these tips in mind to avoid being duped by AI-generated deepfakes

 was widely discussed on social media and appeared to be a clip from an episode of the podcast "Triggered with Donald Trump Jr." &nbsp;

Experts in digital analysis later confirmed that the recording of Trump Jr.'s voice was created using AI, noting that the technology has become more "proficient and sophisticated."

FactPostNews, an  posted the audio as if it was authentic. The account later deleted the recording. Another account, Republicans against Trump, also posted the clip.

In the last several years, numerous examples of AI deepfakes have been used to mislead viewers engaging with political content. A 2022 video showed what appeared to be  surrendering to Russia – but the fake clip was poorly made and only briefly spread online.

Manipulated videos of President Donald Trump and  later appeared in the run-up to the 2024 U.S. Presidential Election. Based on existing videos, these clips often altered Trump and Biden's words or behaviors.



AI-generated images, known as "deepfakes," often involve editing videos or photos of people to make them look like someone else or use their voice to make statements they never uttered in reality.&nbsp;
(Elyse Samuels/The Washington Post/Lane Turner/The Boston Globe/STEFANI REYNOLDS/AFP via Getty Images)

To prove defamation, a plaintiff must provide evidence and arguments on specific elements that meet the legal definition of defamation according to state law. Many states have similar standards for proving defamation.

For example, under Virginia law, as was the case in the  actor Johnny Depp's team had to satisfy the following elements that constitute defamation:

- The defendant made or published the statement
- The statement was about the plaintiff
- The statement had a defamatory implication for the plaintiff
- The defamatory implication was designed and intended by the defendant
- Due to circumstances surrounding publication, it could incubate a defamatory implication to someone who saw it

"You can't conclude that something is defamation until you know what the law and defamation is. Amber Heard, for instance, didn't, which is why she didn't think she was doing anything wrong. Turns out she was. She stepped in crap and she paid all this money. This is the analysis people need to go through to avoid getting into trouble as it concerns deepfakes or saying stuff online," Karon said.

Karon told Fox News Digital that AI deepfake claims can also be channeled through invasion of privacy law, trespass law, civil stalking, and the right to publicity.



National security expert Paul Scharre views a manipulated video by BuzzFeed with filmmaker Jordan Peele (R on screen) using readily available software and applications to change what is said by former president Barack Obama (L on screen), illustrating how deepfake technology can deceive viewers, in his Washington, D.C. offices, January 25, 2019.&nbsp;
(Olivier Douliery/AFP via Getty Images)

If the individual or entity is international, this becomes a venue issue. Even if a person is found, a plaintiff must determine the answer to these questions:

- Can the individual be served?
- Will the foreign nation help to facilitate this?
- Will the defendant show up to the trial?
- Does the plaintiff have a reasonable likelihood of collecting money?

If the answer to some of these questions is no, investing the time and finances required to pursue this claim may not be worth it.

"Our rights are only as effective as our ability to enforce them, like a patent. People say, 'I have a patent, so I'm protected.' No, you're not. A patent is only as worthwhile as you're able to enforce it. And if you have some huge company who knocks you off, you're never going to win against them," Karon said.



Fox News' Brooke Singman and Emma Colton contributed to this report.
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