인공지능 시대에 있어서 딥페이크 범죄의 합리적인 대응을 위한 헌법적 논의

The Deepfake crimes, which involve superimposing real people’s faces onto sexual photos, are becoming more prevalent with the development of artificial intelligence. What’s even more shocking is that both the perpetrators and victims of these deepfake videos are teenagers, and they have spread as a simple form of play culture among peer groups. Of course, deepfake crimes are not a recent problem, but a classic form of crime that has been around since the Internet became widespread. However, when combined with artificial intelligence, videos that are indistinguishable from the real are being produced, distributed to an unspecified number of people, and are being carried out through Telegram and the dark web, which were also used as distribution channels in the past Nth Room incident. Therefore, this study aims to discuss ways to minimize crimes by examining and analyzing deepfake crimes, which have reached a serious level, from various perspectives. To achieve this goal, we first provide an overview of deepfake crimes and identify implications of the current legislative status in major countries. And as a constitutional issue, we will try to deal with the possibility of connection with digital sex crimes, the problem of fake news in politics, elections, and media reports, and whether it infringes on rights such as copyright and publicity rights, etc. from a legal perspective. This is because in the future, deepfakes will emerge as a major issue in establishing a reasonable balance between the use and regulation of artificial intelligence technology.