WEBVTT - Truth in the Time of Deepfakes

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<v Speaker 1>Pushkin from Pushkin Industries. This is Deep Background, the show

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<v Speaker 1>where we explore the stories behind the stories in the news.

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<v Speaker 1>I'm Noah Feldman. We used to say seeing is believing,

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<v Speaker 1>but that was before the invention of deep fakes. Increasingly

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<v Speaker 1>affordable technology can actually create manufactured audio and video that

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<v Speaker 1>no human eye or ear will be able to distinguish

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<v Speaker 1>from the real thing. Does that mean we can't trust

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<v Speaker 1>our eyes anymore, that we'll have to develop a pervasive

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<v Speaker 1>sense of insecurity about what's actually true? Or could it

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<v Speaker 1>open the door to something a little healthier, like a

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<v Speaker 1>modest skepticism or a world where we will be more

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<v Speaker 1>cautious about what we believe. To discuss these hard questions,

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<v Speaker 1>I'm joined by Danielle Citron, a professor at the Boston

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<v Speaker 1>University's School of Law. Danielle is the vice president of

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<v Speaker 1>the Cyber Civil Rights Initiative, which is a nonprofit devoted

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<v Speaker 1>to the protection of civil rights and liberties in the

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<v Speaker 1>digital age. She works very closely with lawmakers, law enforcers,

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<v Speaker 1>and big social media platforms. She's written extensively about deep fakes,

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<v Speaker 1>and in June twenty nineteen, she testified before the House

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<v Speaker 1>Intelligence Committee on the subject. Danielle, I'm just so thrilled

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<v Speaker 1>that you're here to talk to us about deep fakes.

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<v Speaker 1>So let's just start with some definitions for those who

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<v Speaker 1>are just encountering deep fakes for the first time over

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<v Speaker 1>the last few months. What counts as a deep fake

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<v Speaker 1>in your definition, deep fakes is involves machine learning technology

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<v Speaker 1>that manipulates or fabricates out of sort of digital whole

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<v Speaker 1>cloth video and audio recordings that show people doing and

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<v Speaker 1>saying things that they never dinner said. So they seem

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<v Speaker 1>really authentic and realistic, but they're totally false. And they

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<v Speaker 1>look really good, don't they. You know, right now, the

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<v Speaker 1>technology is still pretty much developing, so they look good.

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<v Speaker 1>They're not perfect. If you look closely enough, you can

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<v Speaker 1>sometimes see some of the flaws, even just to the

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<v Speaker 1>human eye, and technologists can easily identify, for the most

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<v Speaker 1>part that there are some flaws that show it's not real.

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<v Speaker 1>It's that what's going to happen in the next six

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<v Speaker 1>to nine months is that the technology is it's advancing

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<v Speaker 1>so rapidly, so soon enough technologists think it's going to

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<v Speaker 1>be really hard, if not impossible, to detect or discern

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<v Speaker 1>the difference between what's fake and what's real, And that's

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<v Speaker 1>when we're going to run into serious trouble when that happened. Yeah,

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<v Speaker 1>I mean when that happens, that means that any public figure,

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<v Speaker 1>or not just a public figure, any person could be

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<v Speaker 1>depicted in a relatively convincing looking video clip as saying

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<v Speaker 1>we're doing something that they never said or did. So

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<v Speaker 1>we have to, one way or another start preparing ourselves

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<v Speaker 1>for that for that world. I guess is there any credible,

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<v Speaker 1>realistic way just to ban this technology? I mean, could

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<v Speaker 1>this just be a piece of technology that was flat

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<v Speaker 1>out prohibited. I mean, I'm not allowed to have a

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<v Speaker 1>surfaced air missile in my backyard, so why do I

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<v Speaker 1>have to be able to have this on my computer? Right? No,

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<v Speaker 1>it's a it's a great question about you know, the

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<v Speaker 1>difference between single use technologies whose only function is essentially

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<v Speaker 1>illegality in your hands, right if you had a serviced airbistle.

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<v Speaker 1>Deep fakes are different because you know, we can make

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<v Speaker 1>deep fakes for good, we can make deep fakes to

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<v Speaker 1>create art. You know, there's a deep fake of President

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<v Speaker 1>Obama teaching us about the phenomenon of deep fakes. We're

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<v Speaker 1>entering an era in which our enemies can make it

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<v Speaker 1>look like anyone is saying anything at any point in time,

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<v Speaker 1>even if they would never say those things. And so

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<v Speaker 1>you can imagine so many interesting ways that deep fakes

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<v Speaker 1>can help teach history. There's a man who has als

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<v Speaker 1>and he sort of beerheaded the use of the technology

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<v Speaker 1>to create audio that matches his thoughts so that others

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<v Speaker 1>can hear him speak because he's unable to speak now.

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<v Speaker 1>And there's a story about a man who's a quadriplegic

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<v Speaker 1>who can't make love to his wife, and they used

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<v Speaker 1>photographs of him to create a deep fake sex video

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<v Speaker 1>of heat consentually and his wife so they can see

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<v Speaker 1>themselves making love. So there are all sorts of ways

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<v Speaker 1>that deep fakes can be pro social. And so you know,

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<v Speaker 1>the question is should we ban the technology? And I

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<v Speaker 1>would say we're going to have some problems with banning

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<v Speaker 1>it for all sorts of practical reasons, like it's cats

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<v Speaker 1>out of the bag. I don't think we can ban it,

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<v Speaker 1>and I don't think we should ban it. It sounds

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<v Speaker 1>like in the world that you're describing, we get very

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<v Speaker 1>quickly to a category that you've written a lot about

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<v Speaker 1>and that's a very complicated and contentious topic. And that's

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<v Speaker 1>the topic of consent. You know, in the case of

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<v Speaker 1>the person suffering from als that you mentioned, it's not

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<v Speaker 1>just that they could create a video, but I suppose

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<v Speaker 1>they could create an avatar, and then the man's wife

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<v Speaker 1>could consentually have virtual sex with him, and they would

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<v Speaker 1>be they would be happy about that, and we would

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<v Speaker 1>perceive that as a pro social result. The problem arises

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<v Speaker 1>when it's an image of a person taken without his

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<v Speaker 1>or her consent. So are we at least in this realm,

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<v Speaker 1>the realm of let's call it sex and deep fakes

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<v Speaker 1>before we get to politics and deep fakes and other

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<v Speaker 1>kinds of deep fakes. Is this a realm where we

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<v Speaker 1>need to fall back on the familiar, albeit imperfect rules

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<v Speaker 1>that we're used to using to regulate sexual conduct. I mean,

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<v Speaker 1>sexual conduct itself is something that we see as pro social,

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<v Speaker 1>except if it's not consensual, then it's very much antisocial

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<v Speaker 1>and it's rape and it's a crime. It's true that

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<v Speaker 1>with deep fakes, as with real life physical interactions, so

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<v Speaker 1>often where the rubber hits the road, and where it's

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<v Speaker 1>legally enormatively significant is where the person does not consent.

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<v Speaker 1>It's much in the way that we think of sexual

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<v Speaker 1>interactions that are physical between two individuals or three or

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<v Speaker 1>whoever many when we're talking about video and audio, much

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<v Speaker 1>as the way there's a big difference between porn and obscenity, right,

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<v Speaker 1>or porn and non porn. It all has to do

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<v Speaker 1>with consent. So I'm a pornography go for it if

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<v Speaker 1>that's what you want to do. But if you are

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<v Speaker 1>made into a sex object without your consent, then by

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<v Speaker 1>my lights, it's something that we can regulate and should regulate.

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<v Speaker 1>So obviously this is an important and significant developing area

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<v Speaker 1>of law, and I want to ask you what I

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<v Speaker 1>think is the natural question about that, which is, how

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<v Speaker 1>do you draw the line between forms of fiction that

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<v Speaker 1>have always implicated taking a person's image or their identity,

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<v Speaker 1>and which historically we've treated as protected by freedom of

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<v Speaker 1>expression from what you're setting out to prohibit. So Curtis

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<v Speaker 1>Sittenfeld writes a novel, pretty good novel about Laura buk

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<v Speaker 1>the former First Lady, and you know, she's more or

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<v Speaker 1>less appropriated her whole character for the purposes of the novel.

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<v Speaker 1>And it's not a sound a pornographic novel by stention

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<v Speaker 1>the imagination. But such a novel could include sex or

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<v Speaker 1>other forms of intimacy and depicted literarily, and we think

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<v Speaker 1>of that as protected speech in some way. How would

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<v Speaker 1>how do you think about drawing that kind of line?

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<v Speaker 1>So a few things. The first is that audio and

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<v Speaker 1>video are different from text in important ways. No audio

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<v Speaker 1>and video have this visceral hold on us. We assume

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<v Speaker 1>that they're true because we trust what our eyes and

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<v Speaker 1>ears are telling us, Whereas how human beings respond to

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<v Speaker 1>text is it's mediated in many respects through our thoughts,

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<v Speaker 1>and so unlike audio and video, which react, we react

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<v Speaker 1>to it in a way that it bypasses thinking. We

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<v Speaker 1>just immediately assume it is true. It has a different

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<v Speaker 1>kind of impact than text does. So I think that's

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<v Speaker 1>the first difference between the novel, which imagines Laura Bush

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<v Speaker 1>doing and saying things, versus video that represents to the

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<v Speaker 1>world that it actually happened. Right. One is clearly fiction.

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<v Speaker 1>It has to be mediated by our thoughts. We recognize

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<v Speaker 1>it's being conveyed as fiction. And by contrast, audio and

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<v Speaker 1>video in the deep fake context. So I'm not talking

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<v Speaker 1>about audio and video that is clearly parody, and that

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<v Speaker 1>we are using in ways that may clear and is.

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<v Speaker 1>Let's pretend there's a label on it that says this

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<v Speaker 1>is a parody. We're talking about audio and video that's

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<v Speaker 1>designed to hide itself as false. It's being passed off

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<v Speaker 1>as real, and the way we human beings perceive audio

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<v Speaker 1>and video is as if it is a true representation

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<v Speaker 1>of things that have happened in the world, as if

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<v Speaker 1>it's real evidence. So that is I think one really

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<v Speaker 1>important piece of why digital impersonations using audio and video

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<v Speaker 1>that not only a powerful impact and therefore can have

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<v Speaker 1>significant harms, it's how the creators are passing them off

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<v Speaker 1>as real rather than as fiction. We see this play

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<v Speaker 1>out with defamation. We can be as opinionated as we

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<v Speaker 1>want to be and everyone knows it's what we think.

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<v Speaker 1>But when it comes to factual falsehoods that we're saying

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<v Speaker 1>are true, we can punish those. So that's another piece

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<v Speaker 1>of it why there's a big difference between the deep

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<v Speaker 1>fake that's passing itself off as real. Soon we won't

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<v Speaker 1>even be able to tell the difference between fake and

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<v Speaker 1>real unless we do some real serious journalists digging and

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<v Speaker 1>where someone was at a particular time versus the novel, Daniel,

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<v Speaker 1>there's several really fascinating things and what you just said,

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<v Speaker 1>and I want to break it up into pieces if

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<v Speaker 1>we could, so I want to start with this question

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<v Speaker 1>of the disclaimer or how the information is presented on

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<v Speaker 1>the way you were describing now, it sounds like, though,

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<v Speaker 1>if someone produces a video where they take my image

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<v Speaker 1>and then they do something with me that I don't

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<v Speaker 1>want to have done, you know, they put me into

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<v Speaker 1>a sex video or something like that, if they put

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<v Speaker 1>a little note on it that says disclaimer, this is

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<v Speaker 1>a deep fake, it's not Feldman, then in principle it

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<v Speaker 1>sounds like maybe wouldn't be covered by the prohibitions that

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<v Speaker 1>you're talking about. And my instinct is that that wouldn't

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<v Speaker 1>be very satisfactory. If we're concern is about the appropriation

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<v Speaker 1>of my identity, then a disclaimer, even if it's a

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<v Speaker 1>chiron running the whole time that the video is playing,

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<v Speaker 1>I don't think it's going to make me feel that

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<v Speaker 1>much better about the appropriation of my image, is it. So? Yeah,

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<v Speaker 1>let me back up for a second. I was using

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<v Speaker 1>defamation and the kinds of defamation harms and harm to

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<v Speaker 1>reputation that may be alleviated with labeling. And so the

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<v Speaker 1>question is a good one, pressing me would disclosure in

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<v Speaker 1>and of itself be a remedy here, And I always

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<v Speaker 1>think of it as it's kind of like a half measure,

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<v Speaker 1>and it doesn't remedy the invasion to let's say, for example,

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<v Speaker 1>sexual privacy. So when you take someone that you're the

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<v Speaker 1>example that you gave Noahs one that I would immediately

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<v Speaker 1>use as well, which is you take someone's sexual identity

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<v Speaker 1>and you insert their face into pornography. And what you've

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<v Speaker 1>done is you've appropriated variability to express themselves sexually in

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<v Speaker 1>ways that they do not want to be so seen

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<v Speaker 1>that way, right, or depicted, And that in itself is

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<v Speaker 1>a harm. It's a harm that resonates both with autonomy

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<v Speaker 1>and with the consequential emotional harms. And so you're right

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<v Speaker 1>that even with the label there, in the case of

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<v Speaker 1>an invasion of sexual privacy, that there's harm both to

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<v Speaker 1>reputation that may be somewhat solved by a label like hey,

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<v Speaker 1>this isn't real, friends, I'm not passing this off as

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<v Speaker 1>a fact. That's the harm to reputation and defamation. But

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<v Speaker 1>there are other harms, and that includes invasions to sexual

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<v Speaker 1>privacy that labels cannot cure. And as well, if it's

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<v Speaker 1>in a Google search of your name, label, ain't you

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<v Speaker 1>doing me any good? Probably because people won't see it

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<v Speaker 1>and there isn't a meaningful way made of respond we

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<v Speaker 1>response of this related video and audio that people are

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<v Speaker 1>going to believe it's you. That's the second thing that

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<v Speaker 1>I really wanted to ask you about in your fascinating

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<v Speaker 1>comment before, and that is this idea that audio and

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<v Speaker 1>video are somehow different because we really believe something about them.

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<v Speaker 1>And here too, I think there are maybe two different parts.

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<v Speaker 1>One is the idea that maybe there's something almost neurochemical

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<v Speaker 1>about viewing audio and video that's different from other forms

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<v Speaker 1>of representation. And I wonder if you really believe that.

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<v Speaker 1>I'm not sure I believe that. I mean, if I

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<v Speaker 1>watch you a Jason Bourne movie, I know it's not

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<v Speaker 1>real even though it's got audio and video in it,

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<v Speaker 1>because of the context in which I'm experiencing it. So

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<v Speaker 1>we're perfectly capable of being skeptical about truth in the

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<v Speaker 1>cases of audio and video. And I'm not completely convinced

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<v Speaker 1>that if you put us under a functional MRI scan

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<v Speaker 1>that our brains would look so radically different in the

0:13:08.196 --> 0:13:11.236
<v Speaker 1>two contexts. And then the second possibility is that you

0:13:11.276 --> 0:13:13.556
<v Speaker 1>were saying that we have a kind of cultural expectation

0:13:14.316 --> 0:13:16.516
<v Speaker 1>that if it's on audio or if it's on a

0:13:16.596 --> 0:13:19.956
<v Speaker 1>video and it looks like me, that it's me doing it.

0:13:20.076 --> 0:13:22.356
<v Speaker 1>And there I want to raise the topic for us

0:13:22.396 --> 0:13:24.756
<v Speaker 1>to talk about of how that's going to change. It

0:13:24.796 --> 0:13:28.436
<v Speaker 1>seems almost inevitable that that expectation that we still have

0:13:29.196 --> 0:13:33.996
<v Speaker 1>as of two thousand and nineteen may be gone even

0:13:34.076 --> 0:13:37.116
<v Speaker 1>by two thousand and twenty. So those are two questions

0:13:37.116 --> 0:13:38.716
<v Speaker 1>in one. But maybe start with the first one, is

0:13:38.716 --> 0:13:40.596
<v Speaker 1>there something unique about audio and video? And then we'll

0:13:40.636 --> 0:13:43.036
<v Speaker 1>go on to whether our expectations are going to change?

0:13:43.796 --> 0:13:46.156
<v Speaker 1>So what is unique, and this is really important I

0:13:46.156 --> 0:13:50.236
<v Speaker 1>want to underscore, is the notion of context and content

0:13:51.156 --> 0:13:54.316
<v Speaker 1>when a deep seek is most effective, meaning when it

0:13:54.356 --> 0:13:57.996
<v Speaker 1>convinces you that somebody's done something and said something they've

0:13:58.036 --> 0:14:02.676
<v Speaker 1>never done. It's all about context and content. The Jason

0:14:02.716 --> 0:14:06.316
<v Speaker 1>Bourne movie you mentioned in that context and content, I

0:14:06.356 --> 0:14:09.516
<v Speaker 1>know it's a movie I go in understand that it's

0:14:09.556 --> 0:14:13.116
<v Speaker 1>all this alternative universe that I'm watching on screen, But

0:14:13.236 --> 0:14:16.916
<v Speaker 1>in a context and context in which the video is

0:14:16.956 --> 0:14:21.156
<v Speaker 1>being passed off as and looks damn real, then people

0:14:21.396 --> 0:14:23.756
<v Speaker 1>are going to take it as real. So let me

0:14:23.796 --> 0:14:26.876
<v Speaker 1>just give example. Rana Ayub is a journalist in India

0:14:27.396 --> 0:14:31.236
<v Speaker 1>who is an investigative reporter and she her work has

0:14:31.276 --> 0:14:34.756
<v Speaker 1>attracted lots of vitriol because she challenges people in power.

0:14:35.316 --> 0:14:37.636
<v Speaker 1>And there was a deep fake sex video made of her.

0:14:37.956 --> 0:14:41.196
<v Speaker 1>She looked at it and she knew intellectually it wasn't her,

0:14:41.636 --> 0:14:44.716
<v Speaker 1>But immediately after seeing it, she went and vomited and

0:14:44.836 --> 0:14:48.636
<v Speaker 1>she couldn't sleep or eat for like weeks because seeing

0:14:48.676 --> 0:14:52.476
<v Speaker 1>herself demeaned and engaging in a sex action never engaged in,

0:14:52.596 --> 0:14:56.596
<v Speaker 1>it hit her, she explains in the gut she could

0:14:56.636 --> 0:14:59.556
<v Speaker 1>not shake the image of it in her head. And

0:14:59.596 --> 0:15:01.756
<v Speaker 1>when thousands and thousands of people saw it, because it

0:15:01.796 --> 0:15:04.636
<v Speaker 1>was shared, like half of the phones in India, people

0:15:04.676 --> 0:15:08.196
<v Speaker 1>apparently had it, people believed it was her and they

0:15:08.236 --> 0:15:11.596
<v Speaker 1>confronted her off flne There was the suggestion, you know,

0:15:11.636 --> 0:15:14.876
<v Speaker 1>people were urging others to confront her and have sex

0:15:14.876 --> 0:15:19.756
<v Speaker 1>with her, to rape her. So in that context, the

0:15:19.876 --> 0:15:24.636
<v Speaker 1>video was taken as true and it moved people. It

0:15:24.756 --> 0:15:27.276
<v Speaker 1>moved people to write to her inbox was so full

0:15:27.676 --> 0:15:31.236
<v Speaker 1>with sex solicitations from men she didn't know. She was overwhelmed.

0:15:32.156 --> 0:15:34.916
<v Speaker 1>I realize, you know, we're talking about how do we

0:15:34.956 --> 0:15:39.876
<v Speaker 1>distinguish between circumstances, And you ask rightfully, so you know,

0:15:40.076 --> 0:15:43.796
<v Speaker 1>isn't it true now that we have our radar is

0:15:43.876 --> 0:15:46.556
<v Speaker 1>up and we know when to distinguish what's false and

0:15:46.596 --> 0:15:49.076
<v Speaker 1>what's real. Well, in the case of a movie, we do,

0:15:49.276 --> 0:15:51.316
<v Speaker 1>our radar is up and we know we have all

0:15:51.476 --> 0:15:54.556
<v Speaker 1>the and diisha that it's fake. But you know, with

0:15:55.156 --> 0:15:59.196
<v Speaker 1>deep fakes that are really convincing, we won't have our

0:15:59.276 --> 0:16:02.676
<v Speaker 1>radar up, And especially in certain contexts and certain content,

0:16:03.276 --> 0:16:05.316
<v Speaker 1>the whole point of it is to trick us into

0:16:05.356 --> 0:16:09.516
<v Speaker 1>believing it's true. It's an incredibly horrifying story about about

0:16:09.556 --> 0:16:13.316
<v Speaker 1>Ranna Ayube. I want to ask though, about how we

0:16:13.396 --> 0:16:16.956
<v Speaker 1>gradually change our expectations. So, you know, it's a really

0:16:16.996 --> 0:16:21.116
<v Speaker 1>interesting subject in the history of photography, how people certainly

0:16:21.156 --> 0:16:24.716
<v Speaker 1>believe that photographs were always real in the not only

0:16:24.716 --> 0:16:26.796
<v Speaker 1>in the late nineteenth century but well into the twentieth century.

0:16:26.836 --> 0:16:28.996
<v Speaker 1>And two of the great examples that the darians and

0:16:29.036 --> 0:16:33.756
<v Speaker 1>photography you like to use are the photographs of spirits,

0:16:33.796 --> 0:16:39.516
<v Speaker 1>of ectoplasmic angels and fairies and sprites, which became super

0:16:39.596 --> 0:16:43.076
<v Speaker 1>popular in the end of the nineteenth century. Arthur Conan Doyle,

0:16:43.076 --> 0:16:45.276
<v Speaker 1>who at the Sherlock Holm Stories, was interested in them,

0:16:45.356 --> 0:16:48.476
<v Speaker 1>and J. M. Barrie, who wrote Peter Pan was interested

0:16:48.476 --> 0:16:51.196
<v Speaker 1>in them. And lots of people were fascinated by these

0:16:51.396 --> 0:16:54.716
<v Speaker 1>by these photographic images which appeared to give actual form

0:16:55.516 --> 0:16:57.996
<v Speaker 1>to these supernatural spirits. And of course now we look

0:16:57.996 --> 0:17:00.556
<v Speaker 1>at it and we say, well, that's obviously a fake photograph.

0:17:01.196 --> 0:17:05.076
<v Speaker 1>The other example that they like to give is stalinist Russia,

0:17:05.156 --> 0:17:07.996
<v Speaker 1>and there's a famous example of a photograph of a

0:17:08.036 --> 0:17:11.476
<v Speaker 1>whole group of senior Communist Party figures and then one

0:17:11.556 --> 0:17:15.676
<v Speaker 1>by one by one, as each was purged. He they

0:17:15.716 --> 0:17:17.996
<v Speaker 1>were all men. He was airbrushed, or like I say,

0:17:18.036 --> 0:17:21.276
<v Speaker 1>maybe didn't have airbrushed, but he was removed by earlier

0:17:21.276 --> 0:17:24.236
<v Speaker 1>technological means from the photograph, until in the end you

0:17:24.396 --> 0:17:27.356
<v Speaker 1>basically just had Stalin on his own. And at every moment,

0:17:28.036 --> 0:17:31.036
<v Speaker 1>you know, the Communist Party kept putting out these photographs

0:17:31.036 --> 0:17:33.596
<v Speaker 1>out there, and the public sort of in some way

0:17:33.676 --> 0:17:36.676
<v Speaker 1>believe them, even if some people might have remembered that

0:17:36.716 --> 0:17:38.556
<v Speaker 1>this photograph looked a little different than it had looked

0:17:38.796 --> 0:17:40.836
<v Speaker 1>the last time. So those are both examples from the

0:17:40.836 --> 0:17:44.516
<v Speaker 1>history of photography about how the technology could elicit the

0:17:44.596 --> 0:17:48.676
<v Speaker 1>expectation of reality for some period of time, but then

0:17:48.716 --> 0:17:52.556
<v Speaker 1>as people get familiar with the technology, our expectation changes.

0:17:53.116 --> 0:17:55.836
<v Speaker 1>And so I'm wondering if the tragic story that you

0:17:55.916 --> 0:17:59.436
<v Speaker 1>describe for runa Ayu isn't something that will last for

0:17:59.476 --> 0:18:01.516
<v Speaker 1>as long as it takes for people around the world

0:18:01.956 --> 0:18:04.556
<v Speaker 1>to realize what deep fakes are. And let's say it

0:18:04.596 --> 0:18:05.996
<v Speaker 1>takes six months or a year or a couple of

0:18:06.036 --> 0:18:08.636
<v Speaker 1>years for people to figure that out. But maybe we're

0:18:08.676 --> 0:18:11.996
<v Speaker 1>on the US both a change where no one's really

0:18:11.996 --> 0:18:13.996
<v Speaker 1>going to believe what they see or hear on audio

0:18:14.076 --> 0:18:16.516
<v Speaker 1>or video anymore. And I think that leads us to

0:18:16.596 --> 0:18:19.116
<v Speaker 1>two really troubling places, like we're at a fork in

0:18:19.196 --> 0:18:22.516
<v Speaker 1>the road. And the first is if we just decide

0:18:22.556 --> 0:18:25.836
<v Speaker 1>that we can't believe anything, then we're going to just

0:18:25.956 --> 0:18:28.836
<v Speaker 1>believe what we want to believe, just forget the truth,

0:18:29.276 --> 0:18:33.356
<v Speaker 1>you know, our confirmation biases. We believe information that accords

0:18:33.396 --> 0:18:36.796
<v Speaker 1>with our world views. And so one possibility in a

0:18:36.836 --> 0:18:41.116
<v Speaker 1>world in which we are so skeptical of audio and

0:18:41.236 --> 0:18:44.716
<v Speaker 1>video evidence that we simply say for our hands up

0:18:44.956 --> 0:18:47.516
<v Speaker 1>and say, uh, I'm just gonna believe what I want

0:18:47.516 --> 0:18:49.996
<v Speaker 1>to believe. Truth be damned, right, that's one possibility, and

0:18:50.036 --> 0:18:52.836
<v Speaker 1>that's that's one nightmare for the pursuit of truth. And

0:18:52.876 --> 0:18:54.836
<v Speaker 1>sometimes it seems like we're already in that world. If

0:18:54.836 --> 0:18:57.276
<v Speaker 1>you watch Fox and CNN at the same time we're

0:18:57.316 --> 0:19:00.116
<v Speaker 1>Fox and MSNBC and you hear their alternative versions of reality,

0:19:00.436 --> 0:19:03.276
<v Speaker 1>sometimes seems like everyone's already gone down that rabbit hole. Right.

0:19:03.316 --> 0:19:06.996
<v Speaker 1>So that's that's one rabbit hole. That's one of my nightmares.

0:19:07.076 --> 0:19:09.796
<v Speaker 1>You know. It's like Alice in the look glass like

0:19:09.916 --> 0:19:12.516
<v Speaker 1>that to me is a one really bad path that

0:19:12.596 --> 0:19:16.796
<v Speaker 1>you're right, we are already on. And then the second

0:19:17.036 --> 0:19:20.556
<v Speaker 1>challenge for truth, and you alluded to this earlier, is

0:19:20.596 --> 0:19:24.396
<v Speaker 1>that we might also be in a space where and

0:19:24.676 --> 0:19:27.556
<v Speaker 1>this could be liminal. Doesn't mean it's forever, but where.

0:19:27.716 --> 0:19:30.996
<v Speaker 1>And we've seen it already with politicians looking at real

0:19:31.316 --> 0:19:34.996
<v Speaker 1>evidence of wrongdoing and saying, ah, you can't believe your

0:19:35.036 --> 0:19:37.756
<v Speaker 1>eyes and ears, it's a fake. Think about what President

0:19:37.996 --> 0:19:40.956
<v Speaker 1>Trump tried to do with the Access Hollywood tape, he

0:19:41.036 --> 0:19:42.796
<v Speaker 1>sort of wises up to the idea of a deep

0:19:42.796 --> 0:19:46.756
<v Speaker 1>fake after he admits to having of course been in

0:19:46.756 --> 0:19:49.836
<v Speaker 1>the conversation with Billy Bush more recently. He said that

0:19:49.956 --> 0:19:52.716
<v Speaker 1>wasn't me. I'm not sure that was me. He tried

0:19:52.756 --> 0:19:54.836
<v Speaker 1>it out, you know. And it's Bobby Chesney and I,

0:19:55.396 --> 0:19:58.996
<v Speaker 1>professor at UT Austin and my co author. We call

0:19:59.076 --> 0:20:03.276
<v Speaker 1>that the liar's dividend, the possibility that liars were leverage

0:20:03.636 --> 0:20:06.956
<v Speaker 1>the phenomenon of deep fakes to run away from and

0:20:07.196 --> 0:20:10.956
<v Speaker 1>to escape accountability for the wrongdoing. Yeah, that liar's dividend

0:20:11.076 --> 0:20:15.796
<v Speaker 1>seems almost inevitable unless there's some magic, you know, super

0:20:15.836 --> 0:20:19.276
<v Speaker 1>technology that will enable us to distinguish and figure out

0:20:19.316 --> 0:20:23.476
<v Speaker 1>through careful forensic analysis whether a particular audio or video

0:20:23.476 --> 0:20:27.236
<v Speaker 1>clip is or is not a deep fake. So let

0:20:27.276 --> 0:20:29.876
<v Speaker 1>me take a concrete, relatively recent example where I think

0:20:29.916 --> 0:20:32.476
<v Speaker 1>there was and this is the not the deep fake,

0:20:32.556 --> 0:20:35.516
<v Speaker 1>but the so called cheap fake of the Nancy Pelosi

0:20:35.596 --> 0:20:38.956
<v Speaker 1>video which made her slow down her speech and distorted

0:20:38.956 --> 0:20:41.676
<v Speaker 1>her speech to make her sound like she was either

0:20:41.756 --> 0:20:45.436
<v Speaker 1>disoriented or maybe drunk. We want to give this president

0:20:45.996 --> 0:20:53.396
<v Speaker 1>the opportunity do something historic for our country. In that case,

0:20:53.756 --> 0:20:57.236
<v Speaker 1>what was the technology that enabled observers to prove that

0:20:57.276 --> 0:20:59.396
<v Speaker 1>this was not actually Nancy Pelosi's voice. I mean, I

0:20:59.436 --> 0:21:02.036
<v Speaker 1>guess it was partly finding the original video and audio

0:21:02.076 --> 0:21:04.796
<v Speaker 1>where she sounded normal. We want to give this president

0:21:05.156 --> 0:21:11.116
<v Speaker 1>the opportunity do something historic for our country. Yes, the

0:21:11.676 --> 0:21:14.516
<v Speaker 1>key to uncovering that it was like a cheap or

0:21:14.516 --> 0:21:18.156
<v Speaker 1>shallow fake was that there was existing audio of what

0:21:18.276 --> 0:21:21.796
<v Speaker 1>really happened. And so once you can check the real

0:21:21.836 --> 0:21:27.396
<v Speaker 1>audio and visuals next to the fabrication, it was a manipulation,

0:21:27.476 --> 0:21:31.036
<v Speaker 1>really wasn't a fabrication, then you could say they played

0:21:31.036 --> 0:21:34.556
<v Speaker 1>with that, they slowed down the speech. But what's challenging is,

0:21:34.596 --> 0:21:37.956
<v Speaker 1>and someone worries that Bobby and I have about privacy,

0:21:38.356 --> 0:21:41.276
<v Speaker 1>is that when we don't have self surveillance all the time.

0:21:41.316 --> 0:21:45.116
<v Speaker 1>You know, Nancy Pelosi when she's giving public remarks, somebody's

0:21:45.156 --> 0:21:49.676
<v Speaker 1>taping it. But the everyday person doesn't have perfect surveillance

0:21:49.796 --> 0:21:52.716
<v Speaker 1>one hopes, right, and so you don't have carrying your

0:21:52.716 --> 0:21:55.956
<v Speaker 1>phone around, you may actually de facto have perfect surveillance

0:21:55.996 --> 0:21:57.356
<v Speaker 1>of yourself, whether you know it or not, or if

0:21:57.356 --> 0:22:00.236
<v Speaker 1>you're speaking while Alexa is on. I mean, we usually

0:22:00.236 --> 0:22:02.876
<v Speaker 1>think that's a problem that you're constantly being surveilled wherever

0:22:02.916 --> 0:22:04.756
<v Speaker 1>you go, but in your account, it might actually be

0:22:04.756 --> 0:22:06.476
<v Speaker 1>a good thing. I mean, it very easy to build

0:22:06.476 --> 0:22:08.476
<v Speaker 1>in a future to your phone. I mean it's already

0:22:08.476 --> 0:22:11.116
<v Speaker 1>in there that listens to everything you say, and then

0:22:11.116 --> 0:22:12.916
<v Speaker 1>you could always pull it out and say, well, as

0:22:12.956 --> 0:22:15.076
<v Speaker 1>a matter of fact, I didn't say that, and we might.

0:22:15.116 --> 0:22:17.596
<v Speaker 1>I mean, so what Bobby and I imagine in our

0:22:17.676 --> 0:22:21.236
<v Speaker 1>work together is the possibility that we take that. You know,

0:22:21.396 --> 0:22:25.516
<v Speaker 1>our phones right now are they're basically GPS trackers, and

0:22:25.636 --> 0:22:27.756
<v Speaker 1>they track everything we do and say with those phones

0:22:27.996 --> 0:22:30.756
<v Speaker 1>through text and through our sending photos. But they're not

0:22:30.956 --> 0:22:33.476
<v Speaker 1>on in the sense of they're not my microphone recording

0:22:33.516 --> 0:22:37.116
<v Speaker 1>devices unless somebody installed cyberstocking at an app on our phone.

0:22:37.236 --> 0:22:39.556
<v Speaker 1>Right so we're not although that's not true if you

0:22:39.596 --> 0:22:41.956
<v Speaker 1>have if you have Hey Siri on there, Oh please,

0:22:42.036 --> 0:22:45.196
<v Speaker 1>didn't you turn that off on your phone? Sorry? Well,

0:22:45.196 --> 0:22:47.876
<v Speaker 1>I was going to until our conversation because I guess

0:22:47.956 --> 0:22:49.556
<v Speaker 1>you know, I thought to myself, I wouldn't want everything

0:22:49.596 --> 0:22:51.076
<v Speaker 1>that I say to be recorded. But now I think

0:22:51.076 --> 0:22:53.156
<v Speaker 1>to myself, if someone's going to make a fake video

0:22:53.196 --> 0:22:55.276
<v Speaker 1>of me saying or doing something, maybe it wouldn't be

0:22:55.356 --> 0:22:57.356
<v Speaker 1>so terrible for me to have a twenty four seven

0:22:57.436 --> 0:22:59.756
<v Speaker 1>record of everything I've said and done right and what

0:22:59.876 --> 0:23:04.316
<v Speaker 1>Bobby and I are worried about our market mechanisms. That,

0:23:04.796 --> 0:23:07.556
<v Speaker 1>let's say, for people who have a very public persona

0:23:07.836 --> 0:23:12.356
<v Speaker 1>having a lifeging record of everything you do and say

0:23:12.636 --> 0:23:16.876
<v Speaker 1>and every interaction, sort of like the novel The Circle,

0:23:17.156 --> 0:23:21.436
<v Speaker 1>you know, by Dave Eggers, that possibility may not be

0:23:21.516 --> 0:23:24.996
<v Speaker 1>so much a choice for people who their actions have

0:23:25.276 --> 0:23:31.156
<v Speaker 1>high potential for harm. For very powerful entities like a company,

0:23:31.516 --> 0:23:34.116
<v Speaker 1>So it maybe someday, you know, you have a company

0:23:34.196 --> 0:23:36.716
<v Speaker 1>CEO who part of the deal getting a very high

0:23:36.716 --> 0:23:39.676
<v Speaker 1>salary is you have to be under surveillance twenty four

0:23:39.756 --> 0:23:42.716
<v Speaker 1>seven so that you can debunk the deep fake that

0:23:42.796 --> 0:23:45.956
<v Speaker 1>if time just right, could throw off the IPO. And

0:23:46.156 --> 0:23:49.036
<v Speaker 1>my worry is that in the broader term, we may

0:23:49.076 --> 0:23:52.476
<v Speaker 1>have an unraveling of privacy. It's a concept that Scott

0:23:52.476 --> 0:23:55.356
<v Speaker 1>Peppett like wisely wrote about like eight years ago, the

0:23:55.396 --> 0:23:58.716
<v Speaker 1>notion that we'll see market pressures that would require us

0:23:58.756 --> 0:24:02.676
<v Speaker 1>to give up our privacy. Fourth cheaper insurance right for

0:24:02.756 --> 0:24:06.636
<v Speaker 1>our cars or health. We may see that same move.

0:24:06.676 --> 0:24:09.476
<v Speaker 1>It's small now, you know, wearing a fit for your

0:24:09.636 --> 0:24:15.636
<v Speaker 1>insurance company may then become something more pervasive and self surveillance.

0:24:16.716 --> 0:24:19.196
<v Speaker 1>And it is true it would be able to debunk

0:24:19.596 --> 0:24:22.316
<v Speaker 1>the deep fake. That's time just right in an attempt

0:24:22.316 --> 0:24:24.636
<v Speaker 1>to hurt the CEO and attempt to hurt the company.

0:24:24.996 --> 0:24:27.636
<v Speaker 1>But it's got longer term consequences that I want us

0:24:27.636 --> 0:24:31.596
<v Speaker 1>all to think about before we rush to embrace what

0:24:31.636 --> 0:24:34.436
<v Speaker 1>I think is coming market solutions. Because you know, folks

0:24:34.476 --> 0:24:36.516
<v Speaker 1>get in touch with both Bobby and I. Companies are

0:24:36.516 --> 0:24:40.156
<v Speaker 1>now seeking our advice on what we should tell CEOs

0:24:40.196 --> 0:24:42.716
<v Speaker 1>about what they should do to protect themselves and what

0:24:42.756 --> 0:24:46.236
<v Speaker 1>are you telling them? What we often say is there

0:24:46.876 --> 0:24:49.196
<v Speaker 1>a range of possibilities, and one of them, of course,

0:24:49.356 --> 0:24:52.676
<v Speaker 1>are kind of life logging services, and I want them

0:24:52.716 --> 0:24:55.956
<v Speaker 1>to think about the broader implications of doing that, because

0:24:55.956 --> 0:24:59.916
<v Speaker 1>I think it's a bad idea. Do the technologists think

0:24:59.956 --> 0:25:04.076
<v Speaker 1>that in principle it will not be possible to detect

0:25:04.196 --> 0:25:09.036
<v Speaker 1>a true fabrication? Because after all, what is digital audience video?

0:25:09.116 --> 0:25:12.436
<v Speaker 1>A bunch of zeros and ones, and it's possible to

0:25:12.796 --> 0:25:14.876
<v Speaker 1>make these things, maybe it's possible to mask the fact

0:25:14.876 --> 0:25:18.156
<v Speaker 1>that they've been made. Or do the technologists believe that,

0:25:18.316 --> 0:25:20.356
<v Speaker 1>as with much technology, there will always be someone one

0:25:20.396 --> 0:25:23.836
<v Speaker 1>step ahead. So someone makes a really good deep fake,

0:25:24.236 --> 0:25:27.156
<v Speaker 1>someone else develops a technology to detect that deep fake,

0:25:27.196 --> 0:25:29.676
<v Speaker 1>because that would seem to be a possible solution that

0:25:29.716 --> 0:25:32.956
<v Speaker 1>would get you around the life logging alternative where you

0:25:32.996 --> 0:25:34.996
<v Speaker 1>always have to be prepared to say that never happened.

0:25:35.596 --> 0:25:37.956
<v Speaker 1>That is to say, if there were some magic bullet technology,

0:25:37.996 --> 0:25:39.396
<v Speaker 1>it would have to change over time, like in an

0:25:39.476 --> 0:25:42.876
<v Speaker 1>arms race, they could actually detect that. Does that seem

0:25:42.916 --> 0:25:44.556
<v Speaker 1>I mean, what are the technologists say when you ask

0:25:44.636 --> 0:25:46.316
<v Speaker 1>them about that? Do they think it's pointless? Do they

0:25:46.316 --> 0:25:48.636
<v Speaker 1>think it's possible? Right now? I wish I could say

0:25:48.636 --> 0:25:52.076
<v Speaker 1>I had a firm answer, And normally I am pretty

0:25:52.116 --> 0:25:56.436
<v Speaker 1>bullish about the potential role for technology to at least

0:25:56.476 --> 0:25:59.196
<v Speaker 1>intervene in some of these problems. But my sense of

0:25:59.236 --> 0:26:04.036
<v Speaker 1>the broader view of technologists is that they're skeptical, you know,

0:26:04.076 --> 0:26:08.836
<v Speaker 1>about the possibility of a perfect tool of detection. And

0:26:09.636 --> 0:26:12.476
<v Speaker 1>we certainly need, as human beings, better radar for fakery.

0:26:13.236 --> 0:26:15.716
<v Speaker 1>We just believe what we want to believe, and we

0:26:15.756 --> 0:26:17.996
<v Speaker 1>click and we share, and we don't think, and we

0:26:18.516 --> 0:26:23.116
<v Speaker 1>need to become better digital citizens in that way and

0:26:23.996 --> 0:26:27.796
<v Speaker 1>think before we share, think before we like not be

0:26:28.036 --> 0:26:33.596
<v Speaker 1>such immediate consumers of information and shares. And we need

0:26:33.636 --> 0:26:35.596
<v Speaker 1>to do a whole lot of education with the media too,

0:26:35.996 --> 0:26:40.116
<v Speaker 1>because the media is a source of amplification. You know,

0:26:40.196 --> 0:26:42.276
<v Speaker 1>I know that the Wall Street journal has begun educating

0:26:42.356 --> 0:26:45.036
<v Speaker 1>journalists about the phenomenon of deep fakes and what they're

0:26:45.076 --> 0:26:47.476
<v Speaker 1>going to do about it, and I imagine that you know,

0:26:47.516 --> 0:26:49.476
<v Speaker 1>the most reputable outlets are going to be doing the

0:26:49.516 --> 0:26:53.396
<v Speaker 1>same because there isn't a technical easy way to figure out.

0:26:53.436 --> 0:26:55.836
<v Speaker 1>At least now there is, but soon enough there won't be.

0:26:56.316 --> 0:26:58.476
<v Speaker 1>And so how we're going to figure out the truth

0:26:58.556 --> 0:27:03.076
<v Speaker 1>is God blessed journalists because most people won't have, you know,

0:27:03.196 --> 0:27:05.996
<v Speaker 1>constant surveillance on themselves, even if they have their GPS

0:27:06.036 --> 0:27:10.236
<v Speaker 1>track or their phone right, it won't we have recorded

0:27:10.636 --> 0:27:14.636
<v Speaker 1>the interaction between people unless they've done it consensually. And

0:27:14.756 --> 0:27:19.036
<v Speaker 1>so it's journalists takes hard work right to interview people.

0:27:19.556 --> 0:27:22.236
<v Speaker 1>But it's not like there's no so many people just

0:27:22.316 --> 0:27:25.676
<v Speaker 1>be sayd Danielle, you're a nihilist. You're saying deep fakes

0:27:25.996 --> 0:27:28.716
<v Speaker 1>is just a crisis we can't tackle, and that's not true.

0:27:29.556 --> 0:27:32.876
<v Speaker 1>It's a lot of the same old problems, but exponentially,

0:27:33.556 --> 0:27:38.236
<v Speaker 1>you know, spread well. Thank you very much, Danielle. I'm

0:27:38.276 --> 0:27:41.796
<v Speaker 1>super grateful to you, and I certified that this is

0:27:41.836 --> 0:27:45.116
<v Speaker 1>a real conversation that we actually had and was not

0:27:45.396 --> 0:27:48.596
<v Speaker 1>created by deep fakes, cheap fakes, or anything in between.

0:27:48.796 --> 0:27:52.276
<v Speaker 1>Right yep, I certify this is a real audio. Thank you, Danielle.

0:27:52.276 --> 0:27:54.676
<v Speaker 1>That was really fun. I really enjoyed it. Thank you

0:27:54.716 --> 0:28:03.236
<v Speaker 1>Noh for having me on. From talking to Danielle Citron,

0:28:03.396 --> 0:28:06.116
<v Speaker 1>I'm convinced they were really only at the beginning of

0:28:06.236 --> 0:28:09.916
<v Speaker 1>finding our collective solution to the challenges post by deep fakes.

0:28:10.796 --> 0:28:14.356
<v Speaker 1>Think of the example of photography, where we once believe

0:28:14.436 --> 0:28:17.116
<v Speaker 1>that whatever we saw was true, and we gradually came

0:28:17.156 --> 0:28:20.076
<v Speaker 1>to see things in a more complex way. Should our

0:28:20.076 --> 0:28:23.596
<v Speaker 1>response be to pass laws that regulate what kinds of

0:28:23.636 --> 0:28:27.316
<v Speaker 1>images can be created, fake or real? Or should the

0:28:27.356 --> 0:28:30.996
<v Speaker 1>answer be to rely on self regulation or technological solutions.

0:28:31.636 --> 0:28:34.516
<v Speaker 1>These are challenges that would look very, very different if

0:28:34.516 --> 0:28:36.556
<v Speaker 1>we were in the midst of the technology, the invention

0:28:36.596 --> 0:28:39.636
<v Speaker 1>of the photograph. Then they look today at the distance

0:28:39.676 --> 0:28:41.636
<v Speaker 1>of one hundred and fifty or one hundred and seventy

0:28:41.636 --> 0:28:44.516
<v Speaker 1>five years, So We're going to have to drill down

0:28:45.036 --> 0:28:48.876
<v Speaker 1>on just how much deep fakes do fool people, and

0:28:48.956 --> 0:28:50.676
<v Speaker 1>that's something that we're going to have to watch very

0:28:50.716 --> 0:28:54.556
<v Speaker 1>closely going forward. The first couple of very popular deep

0:28:54.596 --> 0:28:58.396
<v Speaker 1>fakes are going to lead to great confusion. But over

0:28:58.476 --> 0:29:02.356
<v Speaker 1>time we may observe that the public becomes acclimated to

0:29:02.436 --> 0:29:06.636
<v Speaker 1>the potential uses of deep fakes and becomes more skeptical.

0:29:07.276 --> 0:29:11.796
<v Speaker 1>As our skepticism rises, the need for regulation may well

0:29:11.916 --> 0:29:17.236
<v Speaker 1>go down. Danielle remains extremely concerned about the sexual privacy

0:29:17.276 --> 0:29:20.556
<v Speaker 1>of individuals that can be violated by deep fakes. That's

0:29:20.556 --> 0:29:24.356
<v Speaker 1>an independent and serious concern, and it will require careful

0:29:24.516 --> 0:29:29.156
<v Speaker 1>regulatory attention to balance human being's interests in privacy and

0:29:29.196 --> 0:29:34.916
<v Speaker 1>dignity against the countervailing concerns a freedom of expression. Now

0:29:35.036 --> 0:29:49.516
<v Speaker 1>our sound of the week that was the Attorney General

0:29:49.556 --> 0:29:54.436
<v Speaker 1>of Israel announcing the indictment of Prime Minister Benjamin Bbing

0:29:54.516 --> 0:29:59.876
<v Speaker 1>Netanyahu on a range of corruption charges. Benjamin Etanyahu is

0:29:59.916 --> 0:30:03.836
<v Speaker 1>not just another Israeli politician. He has served longer in

0:30:03.876 --> 0:30:06.756
<v Speaker 1>the office of Prime Minister than any other person in

0:30:06.796 --> 0:30:10.476
<v Speaker 1>Israel's history, including the Ledge and Dary first Prime Minister

0:30:10.596 --> 0:30:14.116
<v Speaker 1>of Israel. David Ben Gurion. He's become a kind of

0:30:14.236 --> 0:30:16.836
<v Speaker 1>permanent fixture in the minds of many people on the

0:30:16.836 --> 0:30:20.796
<v Speaker 1>Israeli political scene. He's so hard to displace that, even

0:30:20.796 --> 0:30:24.476
<v Speaker 1>though not only one but two recent elections led to

0:30:24.556 --> 0:30:27.516
<v Speaker 1>his failing to get a meaningful majority, he's still the

0:30:27.596 --> 0:30:30.756
<v Speaker 1>Prime Minister because although he couldn't form a government, neither

0:30:30.796 --> 0:30:34.276
<v Speaker 1>could his main opponents. The idea that a sitting prime

0:30:34.316 --> 0:30:38.876
<v Speaker 1>minister in a democracy, admittedly a struggling democracy in Israel's case,

0:30:38.916 --> 0:30:42.956
<v Speaker 1>but a democracy nevertheless, will actually be put on trial

0:30:43.076 --> 0:30:47.676
<v Speaker 1>for crimes in real time is a kind of extraordinary

0:30:47.836 --> 0:30:51.956
<v Speaker 1>reality for Israeli politics, which are always full of surprises.

0:30:53.236 --> 0:30:55.116
<v Speaker 1>Is this a good or a bad thing for the

0:30:55.156 --> 0:30:58.716
<v Speaker 1>state of Israeli democracy? This could really go in one

0:30:58.756 --> 0:31:02.676
<v Speaker 1>of two different ways. There is a pessimistic view of it,

0:31:02.796 --> 0:31:05.316
<v Speaker 1>and it's hard not to sympathize with that pessimistic view.

0:31:05.956 --> 0:31:09.076
<v Speaker 1>It says that Israel has some tendencies that are pushing

0:31:09.196 --> 0:31:12.596
<v Speaker 1>it in the direction of other democracies, not excluding the

0:31:12.676 --> 0:31:16.036
<v Speaker 1>United States under Donald Trump, but also including places like

0:31:16.116 --> 0:31:20.916
<v Speaker 1>Poland and Hungry, where increasingly dominant single leaders serve an

0:31:20.956 --> 0:31:23.956
<v Speaker 1>office for a long time and call on impulses of

0:31:24.076 --> 0:31:29.076
<v Speaker 1>nationalism and populism to retain power. In this context, the

0:31:29.156 --> 0:31:33.556
<v Speaker 1>suggestion that N'tanyahu may actually also be guilty of crimes

0:31:33.556 --> 0:31:37.476
<v Speaker 1>of corruption would tend to suggest that Israeli democracy is

0:31:37.556 --> 0:31:41.276
<v Speaker 1>not going in a good direction. After all, what could

0:31:41.276 --> 0:31:44.516
<v Speaker 1>be more embarrassing for a democracy than evidence that a

0:31:44.556 --> 0:31:48.356
<v Speaker 1>sitting prime minister is guilty of charges like these. Yet

0:31:48.476 --> 0:31:52.276
<v Speaker 1>there is an alternative picture, and it's this, instead of

0:31:52.316 --> 0:31:56.276
<v Speaker 1>being tied in knots as a consequence of the charges

0:31:56.276 --> 0:31:59.796
<v Speaker 1>that are present, has acted corruptly, sound, familiar, or anyone

0:32:00.236 --> 0:32:03.636
<v Speaker 1>Israel actually seems to be taking on the question directly.

0:32:04.316 --> 0:32:09.316
<v Speaker 1>An independent attorney general actually chose to charge the prime

0:32:09.356 --> 0:32:13.916
<v Speaker 1>minister with a crime. This is after N'taniah, who had

0:32:14.076 --> 0:32:18.356
<v Speaker 1>announced his hopes that the kannesse At Israel's legislature would

0:32:18.356 --> 0:32:21.916
<v Speaker 1>actually pass a law rendering him immune from criminal prosecution

0:32:22.436 --> 0:32:25.116
<v Speaker 1>in the middle of his term, a law that so

0:32:25.156 --> 0:32:29.756
<v Speaker 1>far has not been enacted in some way that could

0:32:29.796 --> 0:32:33.236
<v Speaker 1>be seen as a big win for a democracy, After all,

0:32:33.316 --> 0:32:36.636
<v Speaker 1>the democracy must be pretty strong on the dimension of

0:32:36.676 --> 0:32:40.036
<v Speaker 1>fighting public corruption. If the attorney general can actually bring

0:32:40.156 --> 0:32:42.676
<v Speaker 1>charges against a sitting prime minister, and if that prime

0:32:42.676 --> 0:32:45.116
<v Speaker 1>minister is one of the most powerful in the history

0:32:45.156 --> 0:32:47.956
<v Speaker 1>of the country. That's what you would ideally want to

0:32:47.996 --> 0:32:51.396
<v Speaker 1>see in a democracy. The principle that nobody is above

0:32:51.596 --> 0:32:54.516
<v Speaker 1>the law can't happen in the United States, where a

0:32:54.516 --> 0:32:57.516
<v Speaker 1>sitting president, as a practical matter, can't be charged with

0:32:57.556 --> 0:33:00.076
<v Speaker 1>a crime because the Attorney General in the United States

0:33:00.236 --> 0:33:02.956
<v Speaker 1>works for the president and is pretty unlikely to charge

0:33:02.956 --> 0:33:06.636
<v Speaker 1>his boss. The outcome of whether this entire episode will

0:33:06.676 --> 0:33:09.036
<v Speaker 1>turn out to be good or bad for Israeli democracy

0:33:09.236 --> 0:33:11.476
<v Speaker 1>is one that we will learn in the coming months.

0:33:12.396 --> 0:33:15.836
<v Speaker 1>Of course, it's possible that Nittagnaho could be charged, tried,

0:33:15.876 --> 0:33:20.196
<v Speaker 1>and acquitted. It's also possible that, through some complex combination

0:33:20.236 --> 0:33:24.116
<v Speaker 1>of results, he might actually avoid going to trial. Yet

0:33:24.116 --> 0:33:26.836
<v Speaker 1>it's also simultaneously possible that he will be subject to

0:33:26.876 --> 0:33:30.836
<v Speaker 1>judicial process like any other citizen, and the consequences of

0:33:30.836 --> 0:33:35.036
<v Speaker 1>that development for Israeli democracy could be very far reaching.

0:33:35.596 --> 0:33:38.116
<v Speaker 1>This is a story that we'll keep on watching going forward.

0:33:38.436 --> 0:33:46.396
<v Speaker 1>It's one that can only continue to be fascinating. Deep

0:33:46.436 --> 0:33:49.516
<v Speaker 1>Background is brought to you by Pushkin Industries. Our producer

0:33:49.556 --> 0:33:52.476
<v Speaker 1>is Lydia Gene Coott, with engineering by Jason Gambrel and

0:33:52.556 --> 0:33:56.436
<v Speaker 1>Jason Roskowski. Our showrunner is Sophie mckibbon. Our theme music

0:33:56.516 --> 0:33:59.756
<v Speaker 1>is composed by Luis Gera special thanks to the Pushkin Brass,

0:33:59.996 --> 0:34:03.796
<v Speaker 1>Malcolm Gladwell, Jacob Weisberg, and Mia Lobel. I'm Noah Feldman.

0:34:03.916 --> 0:34:06.436
<v Speaker 1>You can follow me on Twitter at Noah R. Feldman.

0:34:06.836 --> 0:34:08.196
<v Speaker 1>This is deep background