Tag Archives: 485 U.S. 46 (1988)

Creativity overboard

Yesterday was about the heralding of creativity, yet there is a setting where creativity goes overboad and the Washington Post gives us ‘Scarlett Johansson on fake AI-generated sex videos: ‘Nothing can stop someone from cutting and pasting my image’‘ (at https://www.washingtonpost.com/technology/2018/12/31/scarlett-johansson-fake-ai-generated-sex-videos-nothing-can-stop-someone-cutting-pasting-my-image).

It is a lot worse than you think and even some might trivialise it by merely hanging onto the idea of women, mostly celebrities being inserted into porn, the problem is actually huge, not merely because of that application. The issue is that whatever I can creatively dream up, I can make a reality if I have enough images. The problem is that most of this software is free (for now), and the problem is growing on two fields.

In the first field we see not merely exploitation of any woman into porn, nudities or weird situations. The technology is close to perfect enough that it is harder and harder to distinguish the fake from the real, the deep fake is overwhelmingly convincing that the Washington Post comment “what your eyes can see and your ears can hear can no longer be taken for granted in the digital field“, that problem is a lot bigger than you think. Even as this example (at https://www.youtube.com/watch?v=BU9YAHigNx8) is easy enough to spot, the overall quality is very much on the high side. Here money gives authenticity, the better the computer, the smoother the result and the shorter the timespan to make that result. The average laptop will not get you far, yet a high end gaming PC gets you an optional 1080 HD deepfake version that is increasingly hard to distinguish from the real deal.

In the second field we see a failing, a failing to investigate and legalise the optional prosecution of deepfake video. Not merely the porn side of it, in its heart the opportunity to crate identity fraud and give rise to interfering with political, social and private lives will go further and will be the foundation of a lot more hardship. 5G will merely send these high end videos faster and wider on a global domain. How long until we get the videos of random politician (Emmanuel Macron) and random Celebrity (Anna Kendrick), whilst places like the Daily Mirror will give the innuendo “European Politician accused of hot Hollywood encounter” with a deep fake? The issue is not that a place like the Daily Mirror would or would not use that image intentionally maliciously, the issue will soon be that their trained professionals can no longer tell the difference between real and deepfake and there is more than one indicator that that moment could optionally be reached this year.

The third part is that not only is this technological field charging ahead, the legal field that should protect the people can no longer keep up, in addition the freedom of expression that allows for ‘creative alteration’ is actually assisting in what should be regarded as criminal activities. In addition there is a larger failing in the law, McMillan (at https://mcmillan.ca/What-Can-The-Law-Do-About-Deepfake). The working allows for a failing that no one is able to deal with. We see this in: “The tort of appropriation of personality arises where a person attempts to gain an economic advantage by using some aspect of another person’s name, likeness, or personality without that person’s consent. To be successful, the plaintiff must establish that the defendant appropriated his or her persona for economic gain. This is also enshrined in legislation such as the BC Privacy Act, which states that it is a tort to use a likeness, still or moving, including a likeness deliberately disguised to resemble a person “for the purpose of advertising or promoting the sale of, or other trading in, property or services.”” You see, the failing is not seen in what must be established, it is found in what is negated. We think of lone wolves as terrorists, yet there is another one, the political lone wolf. A person not recognised by anyone, but does the bidding to promote the political field (or alternative field like product field) of others.

When that person goes after the next political contender we see no ‘gain an economic advantage‘, we alternatively see no ‘trading in, property or services‘, yet the damage will have been achieved. Even when we look in the US regarding: “Malice in law is the intent, without justification excuse or reason, to commit a wrongful act that will result in harm to another. Malice means the wrongful intention and includes all types of intent that law deems to be wrongful“, to enter in court on the premise of malice and intent versus ‘creativity and freedom of expression‘ becomes a first amendment court case where the political player loses no matter what and if the transgressor is young enough the damages will never ever cover the impact. In this day and age of viral video and social media, one or two of these videos could end any political career within a day and that is merely the top of the iceberg. Larger players can lay waste to all kinds of opposition with a much greater ease by giving rise to confusion and relying on the gullible population to spread the damage.

McMillan gives one part that could give the smallest of coverage in British Columbia. As we are introduced to: “The BCHRT has the authority to provide a compensation order for any lost wages or expenses incurred as a result of the contravention, and to provide a compensation award for “injury to dignity, feelings and self-respect.”“, how could any unemployed individual compensate for damages inflicted? The problem would not be the act, the issue would be to a much larger degree the setting of ‘injury to dignity, feelings and self-respect‘ when it is a public figure, especially when we consider the last 10 years where: ‘less than 20% of the orders made are over $10,000‘, in a setting where so far $75,000 has been the highest award. So tell me, who would not fork over $75,000 in some way to win a high end election? Even as the Canadian system is seemingly a little better than most out there, what they have is nowhere near ready to deal with the larger impact the deepfakes optionally have and that is merely outside of the porn application field. The experts that gathered in the SIGGRAPH 2018 annual conference on computer graphics in Vancouver from August 12th to 16th 2018 already agree that this is going to be an issue in the 2020 US elections, the question is will the law be ready and there is no clear indications that it is.

Even as we see that DARPA has been taking an active interest in finding forensic solutions, the department by Dr. Matt Turek, I also see the flawed impact as we see the optional miss that a high resolution result projected deepfake, then captured by a low res camera will create a version that is either negated completely of will be flagged amongst hundreds of thousands of others and still ends up having a 60/40 chance of passing through. Those numbers are not encouraging and this forensic field is for now in its early infancy giving the deepfake players close of half a decade of free reign on every social media with 5G merely impacting a much larger population, much faster. The overwhelming part is that computing power and high resolution recording equipment is becoming more and more affordable so the pool of non-malicious offender is growing close to exponentially for now. Let’s face it which horny teenager has not dreamt of replacing his prom date with the image of Amber Heard, Bailey Noble or Laura Vandervoort as his desired prom date?

It is for the most the absence of intent and malice that is driving the technology. America has 42 million teenagers, close to 22 million are male, most dreaming of the dream date they can never have, so when there is a software company keying in on close to 50% of those offering a $49.95 solution making their dream come true, that is a market surpassing $1 billion, do you think that this is not happening right now? It is a massive driving force, apart from the sex sells part; it is within us to be a pranker/prankster, to replace ourselves with an edited Batman/Batgirl making ourselves the superhero, others want to be seen with their idols (Frances McDermott/Zack Effron or Bailey Noble/Heidi Klum) depending on our age and spreading that imagined tale on Facebook. At heart it is deceiving (read: pranking) their friends intentionally yet completely absent of malice and for every 50 people that do it for the innocent reason, there will be 1-2 malicious people, yet the overwhelming drive for that software is there and the more that want it, the cheaper the solution and for now that this trial software is often free and it is becoming highly perfect in the result, after which it will soon be sold at an affordable price. The problem is that anything innocent can be perverted and the deepfake technology that made yours truly look like Batman (actually Batman was real, Bruce Wayne looks a lot more like me and a lot less like Ben Affleck) can do the same for any exploiter to look the political target look like an arrested person on the street, two of these viral events can totally impact the next elections. Even as the politician itself is the likely target, making the members of his team (like the spokesperson, the strategist and the writer) targets would be a lot more effective, we will dismiss the political person often out of hand, the people they work with less so, it will create doubt and stop their political engine overnight giving the election away to the other person and with the deepfake field evolving at the speed it does, every political party will need a high end reputation management firm in their corner watching out for these attacks and in addition spend too many resources dealing with these attacks, making the small players no longer a consideration and making the larger players spend a whole chunk of money in different areas impacting their visibility. The lack of law, or more correctly stated the lack of impact that the law currently has, will drag elections and public profiles along in very different directions soon enough.

That part is seen (at https://www.ubermetrics-technologies.com/blog/reputation-management-what-to-do-about-deepfakes/) where we see how Jordan Peele is doing the speech for former President Obama and more important, the fact that this looks authentic enough to fool most republicans into an emotional frenzy, game over and the next democratic president starts in 2020, that is the game now and it is frighteningly indistinguishable from the real deal. Even as we see here the stage of ethics, the issue is not merely consent (it only partially is), we see: “the person whose face is superimposed on deepfakes did not give their consent“, in the batman example, my image is the one superimposed and I am giving permission, it is the other part that is owned by DC Comics, or is that Zack Snyder, or perhaps Ben Affleck. Do you think that their engine is ready for millions of trivial cases, often limited to a ‘cease and desist’ order? Their workforce would not be able to deal with 1% of that workload and in the initial race that viral propulsion was optionally used to their advantage. The issue is more loaded than we think and when the court case comes and I would state in my defence: ‘I was merely expressing myself, fantasising on being the next Batman. I made no commercial gain, merely social visibility for my desired optional career in acting‘, do you think that I will get anything more than an optional slap on the wrist as I was pursuing my dream? With the right lawyer it could optionally be thrown out of court as there would be no visible harm or hardship to Ben Affleck, the case ends soon thereafter.

Even as law firms give us the stage of: “must typically prove that the defendant—the person who uploaded the deepfake, for example—published something that gives a false or misleading impression of the plaintiff in such a way to damage the plaintiff’s reputation or cause them great offense, in such a way that would be highly offensive to a reasonable person“, now consider Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988), there we learn that the first and fourteenth amendment is prohibiting public figures from recovering damages for the tort of intentional infliction of emotional distress (IIED), if the emotional distress was caused by a caricature, parody, or satire of the public figure that a reasonable person would not have interpreted as factual. In that setting the deepfake field is wide open to be used against political figured to a much larger extent, that case was never ready for deepfake and by setting the stage to ‘a caricature, parody, or satire of the public figure‘ we see that the reasonable person becomes malleable to the greater extent making the deepfake field a much more effective political swaying tool than we imagined. I reckon that under this setting Larry Flynt will be laughing on the public stage that his case opened up for till the day he dies.

 

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Opinions are like dicks

This is going to be a weird day; I can feel it in my bones. Whenever my hair goes 180 degrees into the other direction, I know the day will be rough. It turned slightly rougher when I saw the piece by Christina Patterson in the Guardian (at https://www.theguardian.com/commentisfree/2017/jul/20/porn-warps-culture-credit-card-footprint), there are a few issues with the article as I personally see it. You see, the people have had their say on porn for the longest amount of times. For me it is one of the ‘holiest of places’ as it shows the people just how hypocrite they can get. She starts right of the bat with “Many of us can remember the shock. Naked ladies!” and that is coming from a woman who should accept the natural part of her body as… natural. OK, she added after that “In a magazine!” it merely shows you all how ignorant she actually is as she passed the half century mark (an age thing). So, if you ever go to Amsterdam, one of the musts will be the Sex Museum. You see, it is actually merely a few minutes from Amsterdam Central Station, it is one of the cheapest museums in Amsterdam to visit and it is a real eye opener. There you are confronted with paintings, sculptures and other art. Also objects like an Ivory Dildo, snuffboxes depicting porn, all items with some of them going back to the 16th century. Art covers on Vinyl’s (a 70’s thing) and even a street showing on how the red light district was and still is to some degree. It is actually informative both the adult boys and girls, and this museum is also highly recommended to visit as a couple. So when she goes on about “But, still, to see those naked ladies, as you giggled with your friend, was a shock“, we can say that this is fair enough. Not everyone feels comfortable seeing nudity. So as we see “porn has moved on a bit since then” we need to correct her a little. There are pornography shots going back to the 1900’s taken with the earliest cameras. Consider that Playboy started in 1953 and Penthouse in 1965 and July 1974 saw the beginning of Hustler. The growth for more explicit pictures was not just uncanny; the entire Sexual revolution in the 70’s gave the start for a porn empire of magazines and classifieds that grew into a multi-billion dollar industry within 20 decades. Now, Christina is certainly allowed her views in all this. Yet, the hypocrisy is actually seen when you know more about the background of certain things and just like the age of hypocrisy grows, the church gets involved (as I see it, it fuelled it). So it is time to get back to Larry Flynn to give it a certain ambiance. To get the sides right we need to add that in August 1933 Jerry Lamon Falwell Sr. was born (not named senior at birth though), a conservative and an American Southern Baptist Pastor, a ‘so called’ pillar of the community. The man was in the eyes of certain people hypocrite, now we can say that most televangelists tend to be hypocrites to a certain degree, yet this man took it beyond normal measures. So when we read some of his idea’s (idea’s that he is allowed to have) and we see “AIDS is not just God’s punishment for homosexuals; it is God’s punishment for the society that tolerates homosexuals” as well as “If you’re not a born-again Christian, you’re a failure as a human being“, you can imagine how some will react. By the way, I have met both Hindu’s and Muslims who have shown more what some call ‘Christian values’ (like helping thy neighbour, care for the weak and be charitable) than most Christians EVER will. So there!

In all this Larry Flynn saw in this man a valid target to ridicule some of the hypocrite values that were shown, the entire matter had gone to court over and over until it got to the Supreme Court in 1988, here we get Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988), which ended in an 8-0 unanimous decision for Larry Flynn. You see, when you see the quote “According to a report commissioned by the NSPCC last year, about half of 11- to 16-year-olds have seen explicit sexual material online. They were, the report said, more likely to find it accidentally than to seek it out“, I would like to remind certain members of the hypocrite political branch that they merely did this to themselves. To explain that, I have to take you back to the early 90’s. The internet was no longer Arpanet and started to take off. It was around 1993 when certain parties had a first issue with adult entertainment. It was growing like wildfire and anyone with knowledge of HTML could get a nice paid job in that industry instantly. Which was in the days when security was a decent joke and those in the know around it did not need a subscription, merely the IP number and the right path to the art and you could easily save the directory with all the artwork (awesome access in early internet days). Yet the serious vendors in this industry understood certain values and were willing to talk around certain domains, providing that there would be no restrictions beyond that. Of course certain conservative players were all in arms (because the pastor called them) and the so called hypocrite god fearing community ware all in opposition even before the day ended. You see, these people living in pretence of having virtues and moral principles pleaded the immorality of porn and then went to the nearest hooters and after a few beers would seek out the closest hooker to get a blow job (speculative thought). Yet that one moment, the option when the adult industry wanted their own part in responsibility (.XXX had been voiced) we see the church who opposes that and subsequently fucks the choirboys in whatever hole they could, which is less speculative as the Catholic church is confronted with sexual abuse numbers that exceed 100,000 abuse victims in the US alone. That has been one of the driving forces on immorality. The movie Spotlight (with Michael Keaton & Mark Ruffalo) gives only part of the issue, all true, based on clear evidence from the investigative reporting of the Boston Globe. At present, in Australia over 4,000 alleged cases exist. With 90% of them boys with the average age being below 12 (at http://www.abc.net.au/news/2017-02-06/child-sex-abuse-royal-commission:-data-reveals-catholic-abuse/8243890), so whilst we see that as implied the political branch was all up in arms, they took advice from a collection of paedophiles. Great job!

So in the early 90’s there was an option to give less options to accidently get to these adult entertainment places, yet now we see the other part in all this. If ‘sex sells’ than advertising would be more valuable there. So when the world gets to live with the factor that one domain would be (speculatively estimated) well over 60% of all traffic, how much value would the other places have for advertisement?

The second issue is seen with “Expert witnesses told the women and equalities committee last year that girls are now wearing shorts under their skirts, in an attempt to survive the “normalised culture of sexual harassment in schools”. Children, in other words, are being stripped of their childhoods“, this is indeed pretty awful. Yet when we see the Netherlands we get (at http://www.ad.nl/binnenland/overheid-heeft-pedofilie-jarenlang-gedoogd~a870a359/), the title gives the goods ‘Overheid heeft pedofilie jarenlang gedoogd‘, which translates to “the government has silently accepted paedophilia for years” (there is a fair issue that the translation should be ‘tolerated’ and not ‘silently accepted’ which is my take on the issue as it was given), the entire mess is partially to blame on a political and police system that preferred to remain in denial, perhaps the names Jimmy Saville & Garry Glitter ring a bell in the UK?

So when Christina comes with her (validly allowed) view of “Oh, and users may be asked to give credit card details, and perhaps even be charged a small fee. A fee that might appear on a bank statement that might, for example, be seen by your wife“, I see her as no more than a condescending tart. You see, that is exactly the problem how the issue is not avoided, not solved, but would allow for the issues to be pushed towards ‘somewhere else’. So, as some firms will offer photo forums on Dark web (some extreme players already do), she is basically setting the stage for more wide stream groups to go to Dark web too. The problem there is that there will be no oversight and even less control of who goes there or what they will see and face. That was a really bright idea from Sandra Dee Patterson (not!). The entire issue could have been averted well over 20 years ago, but she is now upping the ante by having even less control, less insight and less oversight, and close to no monitoring options. The dangers that these high school boys and girls will get the pictures of boys and girls through their smartphone to the Dark web would speculatively go up 10 fold as the investigating parties do not have an overview and even less options to monitor and retrieve Dark web events. This adds up to more dangers and less protective options for the people actually in the line of work of trying to protect victims.

So even as Christina does not have a husband, she made matters optionally worse for millions of wives and double the amount of worry for these mothers, a real bright move Christina! Yet it is her view and she is entitled to it.

So now we get to the funny part with “It’s possible, of course, that people watch this stuff and remain loving partners and pillars of society. It’s more likely that they don’t. It’s possible, of course, that people watch this stuff and remain loving partners and pillars of society. It’s more likely that they don’t. I’ve interviewed a number of men whose porn addiction, and sexting habits, have lost them their marriage, their jobs and their homes. These are the extremes, of course, but there’s not much doubt that porn is changing our culture whose porn addiction, and sexting habits, have lost them their marriage, their jobs and their homes. These are the extremes, of course, but there’s not much doubt that porn is changing our culture“, you see, it is funny as the mention of ‘I’ve interviewed a number of men‘, how many? You see, places like Pornhub have around 15 million unique visits a day, so at best she has talked to 0.00006% of that population ever, so as 99.99994% is unknown, how did she get any real feel of what that population is like? there is no doubt in my mind that the largest part reflects near adult (or recently adult) boys with hormonal drives and more likely than not with speedy hands, there is also a growing trend (as speculated by others) that the amount of women taking a peek is a lot larger now than it was 5 and 10 years ago. Yet the largest group will soon outgrow this phase and as these young man end up with a girl happy to spend time in a bedroom or any room naked with them their need will focus on actual sex than watching it (just my speculation on the matter).

The next quote is actually important. As she states “The internet has already changed so much of our culture. We rage. We shriek. We hate. We do this in the name of “free speech”. We buy things with a click. We swipe for sex. We want instant everything, all the time. And we want it all to be free“, she hits the large nail with a slightly too small a hammer, because it is not merely on the free content, it is the question on how the content was acquired. This is a larger issue than you think. Some will give 10 pics free and hope that the person subscribes for $10 to see the 89 other photos and an additional movie with 1080p for any computer or mobile device, as well as a million fold more images and movies for a mere $10 a month. Sex sells so as 99 might not go there, 1 will and 1% of 15 million visitors still adds up to a massive amount of money, it easily sells itself. Yet the part that she ignores is that when the people go to the Dark web, the origin of the photos will be less straightforward. It could be the old BBS ‘peer to peer system’, when you upload one movie (or photo) you get to download ten additional movies. So how long until these people let’s say in year 12 start finding ways to get some unclad pictures of young women? That is the danger that parents are more than likely to face. When it was all on the up and up there was some option of monitoring and control, I fear that certain pushes in the UK will start to push in very wrong directions.

In the end the idea of age proof is not bad, it might even be good, yet the way around it will need some very diplomatic and technological hands, because it is not merely how it is done, the idea that junior gets a hold of dad’s credit card and personal details is not really that far-fetched, so how long until the debating parents on issues of ‘perversion’ realise that it was junior all along? As I see it, the idea is not bad, you merely need to go around it another way on getting an anonymous database system that could function as a non-repudiation system that merely require the need to set the premise of 18+, which is actually a fair system in light of the other opportunities wasted by those who looked at the bible and chose Luke 12, John 9 and Mark 10 to get their jollies off. There is however one upside (apart from the 18+), as we are more and more pushed to the new IPv6, when that happens we could revisit the entire 1993 event and allow a part of IPv6 to be unmonitored and explicitly for adult entertainment. By the way, which is also good to know is that some of the adult entertainment players wanted some sort of segregation to keep it safe away from children, so in that Christina is pretty much on their side with “It’s children they were trying to protect, and the only way to protect those children is to make all users of online porn leap through a few hoops“, in that, that in those days there would have been option to for example to add .XXX to a sort of ‘child lock’ system as US cable TV had (which would have been the next step in the US with AOL), this made sense as AOL grew from 200,000 uses to 34,000,000 in the height of their now no longer existing empire. Yet at that point there was a good option to get a handle on issues, but the uppity religious hypocrites pushed them into the WWW at any address they could, some even merely living through IP addresses.

We can never totally avoid that the wrong people (age wise) go there, yet in all this we can avoid the chance of people going there accidently. We merely need to accept as it has been proven through the centuries that some claim that our heavenly father came up with all that lives and grows and on the 7th  day, either Adam or Eve (not pointing fingers here Adam!), one of the two came up with adult entertainment.

So in the end, opinions are like dicks and perhaps in this I am a dick at present, yet as I see it, when we see that porn has been around for well over 4,000 years, it is time to stop being huffy, puffy and stupid around it. If protecting children was truly the only concern, the bulk of the Catholic Church should be in prison spending double digits in Sing Sing. This reminds me of A Jimmy Carr joke, ‘the innocent members of the College of Cardinals were questioned on the issue of Sexual abuse of children in the Catholic Church; they were both sickened by the notion!‘ (The College of Cardinals has 225 members). If the politicians got religion out of all of this (and especially the linked hypocrisy) we could have had protective solutions for the longest of times, so focussing on a solution that works, instead of some half-baked system that allows for conceited stigmatisation, we could actually get somewhere, yet at present, when we see how certain parties play their media game, the dangers are growing to an overwhelming rate that in the end, more and more adult entertainment internet sites are pushed into the Dark web, next to the actual sleazy extreme adult sites that upsets the bulk of the entire planet. It will push too many under aged people there too, the one place where they suddenly have additional optional access to weapons and drugs in their raised hormonal state, a dangerous escalation to say the least.

 

 

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