How AI content becomes a legal problem
Laws aimed at AI-generated content have spread quickly. New York has extended its laws on intimate images to cover digitally created or altered depictions, and it gives people depicted in such material a way to sue. Federal law now makes it a crime to knowingly publish nonconsensual intimate imagery, including AI-generated forgeries, and requires covered platforms to take such material down on request. Election-related deepfakes face disclosure rules in New York and other states. Outside these laws, AI content can still lead to claims for defamation, misuse of a person's name or likeness for advertising or trade, harassment, or copyright infringement. Artificial intelligence defense starts by identifying which of these is actually being alleged.
What is likely to matter
In many of these matters the key questions are who created the content, who shared it, what the person intended, and whether it was labeled or presented as real. Consent, the context of publication, and whether a reasonable viewer would take the content as a factual depiction often matter as well. Keep records of how the content was made and shared, but get legal advice quickly on whether to take posts down and how to preserve evidence, since both leaving content up and deleting it can have consequences. Do not contact the person depicted to explain or apologize; communication should go through counsel.
Decisions to make early
If police are involved, the first decision is whether and how to speak with them, which should not happen without a lawyer. If the matter is civil, such as a cease-and-desist letter or a lawsuit, we review the claims, the evidence of who did what, and any insurance that might apply. For companies whose products generate content, the questions extend to platform policies, takedown procedures, and how user complaints are handled under the newer federal and state requirements. In each case, we look at the full picture before any public response or removal decision is made.
