Abstract
The rise of deepfake technology poses a novel and uniquely insidious manner of perpetrating domestic violence. Nonconsensual intimate imagery (NCII) abuse and “sextortion” are nothing new. But the increasing accessibility of deepfake technology makes it easier for abusers to carry out these forms of violence, sometimes simply with access to publicly available images of a person. As the technology rapidly evolves, the law has struggled to keep up.
This Note explores how existing law inadequately addresses emerging deepfake technology as it relates to domestic violence. Noting the origins of deepfakes in NCII, it begins with an exploration of the connection between deepfake technology and domestic violence, followed by a survey of the current legal landscape. Although Congress recently enacted the TAKE IT DOWN Act to address the rise in deepfake NCII, patchwork state laws and broad immunity for content platforms often leave victims without sufficient redress.
Finally, this Note strives toward a more comprehensive federal solution. There are three big players in the lifecycle of deepfake NCII abuse: the developer who creates the deepfake program, the abuser who uses that technology to create NCII, and the content platforms hosting the deepfake NCII and allowing it to proliferate across the internet. This Note proposes redistributing responsibility across developers, abusers, and content platforms: pursuing developer liability through products liability litigation, holding abusers accountable by introducing a private right of action for victims who may not want to involve the criminal justice system, and disincentivizing content platforms from hosting deepfake NCII by reforming federal law that currently provides broad immunity for these platforms.
Recommended Citation
Laura Reitze, Deepfakes as Tools for Domestic Violence: Toward a Comprehensive Federal Response to Nonconsensual Deepfake Intimate Imagery, 84 Wash. & Lee L. Rev. Online 132 (2026), https://scholarlycommons.law.wlu.edu/wlulr-online/vol84/iss2/2
Included in
Computer Law Commons, Internet Law Commons, Legislation Commons, Privacy Law Commons, Science and Technology Law Commons, Sexuality and the Law Commons, Torts Commons