China: 扑面而来的人工智能"换脸",未雨绸缪!

Last Updated: 6 November 2019
Article by Zhijun Liu
Most Read Contributor in China, October 2019

一款人工智能"换脸"APP 引发全社会的关注

技术换脸,不算新生事物。1994年,特效师使用合成技术将肯尼迪总统的影像完美结合到电影《阿甘正传》中。2013年,演员保罗"沃克因车祸意外去世,制作团队通过替身+CG特效技术,让我们仍然可以在2015年上映的《速度与激情7》中看到其鲜活的荧幕形象。

如果说以前实现"换脸",需要专业人员。那今天的人工智已经让"换脸"没有了技术门槛,一款视频编辑APP,让任何一位拥有智能手机的公众,动动手指就能实现"完美换脸",操作简单,成本极低,效果却如此逼真,真假难辨!换掉的是我们的脸,换掉的也有可能是我们的身份!我们不得不开始认真思考,每个人的信息安全、甚至社会秩序是否会因此遭到破坏,细思极恐!

规避人工智能"换脸"引发的法律风险 未雨绸缪

人工智能"换脸"会引发多方面的法律风险,可能触发人格权侵权,例如对他人肖像权、姓名权、名誉权、隐私权的侵害;还可能触发著作权侵权,例如未经许可使用他人享有著作权的影视剧内容;甚至可能触发刑事犯罪,例如合成的"假脸"认证网络用户账号骗取财产,实施各种诈骗活动,甚至发布妨碍社会稳定的虚假消息和虚假新闻等。

技术是中立的,人工智能技术的快速发展给法律实践带来了巨大挑战,我们需要为新技术可能引发的风险做好法律准备,未雨绸缪。

2019年5月,网信办发布了《数据安全管理办法(征求意见稿)》, 指出以人工智能完成的视频必须标明 "合成"。

据悉,《民法典人格权编(草案)》拟增加规定:任何组织或者个人不得以利用信息技术伪造的方式侵害他人的肖像权。

人工智能"换脸"的商业应用设想

随着人工智能算力、算法的进步,它的商业价值也日趋显著。以人工智能技术在影视、游戏、娱乐行业的拓展应用为例,或许今后将改变影视、游戏行业的现有制作方式和流程,出现新的制作模式,缩短制作周期,降低制作成本。

多结局、多走向的"互动多选模式"是影视、游戏行业未来趋势之一,大牌演员出演正剧剧情,替身演员出演分支剧情,通过人工智能"换脸"技术可以有效的控制成本,缩短制作周期。

另外,我们设想一下当下最火热的直播行业,人工智能"换脸"的商业应用是否有更广阔的空间?当然,这里至少需要面对一个法律问题, "合成视频"的披露义务,否则,主播可能承担法律责任。

如果你对人工智能"换脸"的商业应用有更多设想,我们可以进一步交流。

迎接人工智能时代的到来

2017年,"人工智能"入选" 2017年度中国媒体十大流行语 ";2017年7月20日,国务院印发了《新一代人工智能发展规划》,提出了面向2030年我国新一代人工智能发展的指导思想、战略目标、重点任务和保障措施,为我国人工智能的进一步加速发展奠定了重要基础。

未来已来,将至已至。我们将持续关注人工智能技术领域和相关行业的动态,致力于提供优质、高效的法律服务。

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