According to a recent report from CCTV News, I believe everyone is familiar with “AI face-changing”. With just a photo and artificial intelligence deep synthesis technology, anyone can become the protagonist in the video, and even the expressions and movements can be fake. However, this new technology has caused some people to have bad thoughts. Yu from Hangzhou used the "AI face-changing" software to generate a large number of obscene videos for dissemination. Many female celebrities and other public figures had their faces changed. Yu even Face replacement customization services are also provided.
In August 2022, the Xiaoshan police in Hangzhou City obtained a clue during an online patrol. Someone in the jurisdiction used AI technology to produce obscene videos and spread them on the Internet. The police opened a case for investigation in accordance with the law and quickly arrested the criminal suspect Yu. Subsequently The case was transferred to the Xiaoshan District People's Procuratorate of Hangzhou City for review and prosecution.
Zhang Lei, a full-time member of the Procuratorial Committee of the People's Procuratorate of Xiaoshan District, Hangzhou: Yu discovered an AI face-changing technical software on the Internet. He learned the software and mastered its use skills, and then began to use AI face-changing technology. Technology to make profits.
The prosecutor’s office’s investigation found that Yu started to come into contact with the “AI face-changing” software in 2020. At first, he wanted to make profits by promoting this technology and related software online. However, after a period of time, many people who followed him By chance, Yu saw someone posting obscene information in a social group to attract others' attention, so he also had similar thoughts.
Chen Yuyao, assistant prosecutor of the Seventh Procuratorial Department of the People's Procuratorate of Xiaoshan District, Hangzhou City: He may find that it may be difficult to gain the attention of ordinary people just by selling software. Because he saw some online groups spreading some obscene and pornographic videos on the Internet, he thought of using face-changing software to make some obscene and pornographic videos, and then put them on Internet groups first, thereby attracting traffic and attracting everyone's attention. This software or face-changing video.
According to Yu’s confession, in order to attract more attention and traffic, he created a “browsing group” and a “private customized group” on social software. The “browsing group” is mainly used to spread pornographic videos of “AI face-changing” to attract people. , to recruit viewers, including some videos in which Yu has undergone face-swapping. When someone requests "customized face-swapping", Yu will introduce these people to the so-called "private customization group".
Chen Yuyao, assistant prosecutor of the Seventh Procuratorial Department of the People's Procuratorate of Xiaoshan District, Hangzhou City: By charging a group entry (browsing) fee, each one is 198 yuan, 298 yuan or 398 yuan. Another one is that Yu also provides face video customization services, which means that if a customer needs to customize a face-changing video, he can charge a corresponding fee based on the length and difficulty of the video.
Private customization → "As long as you can see the face, you can change it"
According to the investigation by the prosecutor's office, Yu "attracted followers" by spreading obscene videos of face-swapping, and at the same time sold "AI face-swapping" software and provided The so-called "AI face-changing" private customized service has made tens of thousands of yuan in profits in less than half a year. The victims of "AI face-changing" infringement of sensitive facial information include not only many well-known public figures, but also many unspecified ordinary people.
According to the investigation by the procuratorate, Yu charged customized fees based on the length, clarity and other difficulty conditions of the "AI face-changing" video, according to standards such as 300 yuan for 5 minutes and 500 yuan for 10 minutes. Yu claimed, “Anyone whose face can be seen can be changed.”
Chen Yuyao, Assistant Prosecutor of the Seventh Procuratorial Department of the People's Procuratorate of Xiaoshan District, Hangzhou City: First of all, he set the price himself, and then there is a certain difference in the effect of the face-changing in the final video. Some people may have purchased basic tutorials and some basic materials and materials at the beginning, but found that the final effect cannot achieve the effect they expected, then they may continue to pay for some advanced videos, including advanced tutorials.
Zhang Lei, a full-time member of the Procuratorial Committee of the People's Procuratorate of Xiaoshan District, Hangzhou: He customizes through VIP, that is, the customer makes a request, "Whose face do I want to change my face to today? You can help me customize it and I will pay the corresponding compensation." Make profits in this way.
"Customized" face-changing objects include both public figures and ordinary people
According to the prosecutor's office, Yu's clients requested "customized" face-changing objects, including not only some well-known public figures, but also ordinary people in daily life, including someone Yu proposed that he would like to customize the face-swapping video of the girl he had a crush on, and he did not refuse the illegal behavior of infringing other people's sensitive information without consent.
In addition, Yu not only provides customized face-changing services, but also divides the "AI face-changing" software into three levels: beginner, intermediate and advanced, sells and teaches usage tutorials, and also provides other people's face materials illegally collected online. .
Chen Yuyao, assistant prosecutor of the Seventh Procuratorate of the People's Procuratorate of Xiaoshan District, Hangzhou: The entry threshold for this software is actually relatively low. Its operation is equivalent to running through some preset programs and codes, which is equivalent to me. Just follow your steps and put the video that needs to be replaced in a folder specified by it, or follow the steps, and it will automatically replace the face information in the video or photo you want to replace. The information is automatically extracted, the learning model is automatically established for learning, and then the next step is automatic synthesis.
According to the evidence collected by the prosecutor's office, among the many social groups created by Yu, the minimum number of members was 95 and the maximum number was 2,053. Through illegal activities such as selling face-changing pornographic videos and customizing face-changing pornographic videos, Yu Password red envelopes have been collected more than 200 times, with a total amount of more than 60,000 yuan.
In addition to pursuing criminal liability
The procuratorate also filed a civil public interest litigation
The procuratorate believed that as a user of "AI face-changing" technology, Yu made more "unspecified subjects" by disseminating methods and means of infringing on citizens' personal information. The social risk of personal information infringement further expands. Therefore, in addition to pursuing Yu's criminal liability in accordance with the law, the People's Procuratorate of Xiaoshan District, Hangzhou City also filed a civil public interest litigation. In July 2023, the Hangzhou Internet Court heard this public interest litigation case. This was also the first public interest litigation case in my country regarding the infringement of citizens’ personal information by “AI face-changing”.
On April 14, 2023, the People's Procuratorate of Xiaoshan District, Hangzhou decided to file a public interest lawsuit against Yu for infringing on citizens' personal information through "AI face-changing". The announcement procedure was performed on that day. After the announcement period expired, there was no qualified subject to file a lawsuit. On June 9, the procuratorate filed a civil public interest lawsuit against Yu in accordance with the law. On July 28, the case was heard publicly in the first instance of Hangzhou Internet Court.
During the trial, the procuratorate presented detailed evidence that Yu violated citizens’ personal information and harmed public interests, including the interrogation, inquiry transcripts, inspection records, inspection records, appraisal opinions, and obscene videos conducted by the public security organs on Yu More than 1,200 movies, more than 1,600 pictures and other electronic data.
Xiao Xiang, President of the First Internet Trial Division of Hangzhou Internet Court: In the past, we often believed that seeing is believing and hearing is believing. However, with the application of deep synthesis technology and new technologies, what we see may not necessarily be believed. Improper application or abuse actually affects the trust relationship between the public subjects in our society, especially the trust relationship established in the Internet space. So an infringement of this kind of trust relationship and social relationship is actually a kind of damage to the social order.
The Hangzhou Internet Court held that the illegal facts of Yu's use of "AI face-changing" technology to infringe on citizens' personal information were conclusive, and therefore supported all the claims of the procuratorate as the prosecutor of the public interest litigation: ordering the defendant Yu to delete the illegally obtained personal information. Information, a total of 60,000 yuan will be used to publicly apologize, eliminate the impact and compensate for losses. These funds will be used exclusively for public welfare matters such as personal information protection and the governance of inappropriate applications of facial depth synthesis technology.
Zhu Minming, Executive Vice President of Hangzhou Internet Court: For any new technology, first of all, this technology is always neutral. Then we have an attitude of accepting and supporting the technology itself, but the purpose of technology development and application, it It must be beneficial to the public welfare of all mankind. It cannot be used for personal illegal profit-making for the sake of this technology, and then infringe upon the legitimate rights and interests of other citizens, collectives, countries, and society. Once it crosses the line, you must bear corresponding responsibilities. Well, in this case, the procuratorate initiated a public interest litigation, and then the court tried the case in accordance with the law, giving full play to the judicial function of trial and regulation of new technologies.
Technology has no good or evil but has boundaries
must be used within legal regulations
In November 2023, the Xiaoshan District People's Court of Hangzhou City sentenced the defendant Yu to be guilty of producing and distributing obscene materials for profit, and was sentenced to seven years and three months in prison. A fine of 60,000 yuan was imposed.
"With just a few photos, anyone can become a victim." From online anchors changing the faces of female celebrities to live broadcasts to sell goods, to face-changing being grafted into pornographic videos, "AI face-changing" technology is abused to commit various infringements Personal information abuse occurs from time to time, even in gray areas or even illegal and criminal areas. So, where are the legal boundaries of "AI face-changing" technology, and how should it be regulated and governed?
Xiao Xiang, President of the First Internet Trial Division of the Hangzhou Internet Court: Our country’s Civil Code has clear provisions on infringement of others’ personal rights and interests through deep forgery, and it is prohibited to infringe upon citizens’ personal and property rights through deep forgery. Rights and interests are stipulated in the Civil Code. With the development of technology, the Personal Information Protection Law also has relevant provisions for deep synthesis, because whether it is a replacement of a face or a replacement of a voice, it actually requires the collection of citizens’ personal information, so these all fall under the Personal Information Protection Law. Specially protected sensitive biometric information.
In addition to the "Civil Code" and "Personal Information Protection Law", my country's "Provisions on the Management of Deep Synthesis of Internet Information Services" and "Interim Measures for the Management of Generative Artificial Intelligence Services" that will be officially implemented in 2023 also clearly stipulate that users are not allowed to use depth. Synthesis services engage in activities prohibited by laws and administrative regulations, requiring deep synthesis service providers to implement information security subject responsibilities.
Attention! "AI face-changing" is used for fun, but there are legal risks
The judge believes that even if the "AI face-changing" technology is only used to make jokes or make spoof photos, it may involve infringement of portrait rights and reputation rights, causing serious consequences, and may also constitute Insult or defamation.
The abuse of "AI face-changing" technology seems to be an infringement of the personality rights, portrait rights, reputation rights, and privacy rights of the infringed individuals. In fact, it is a trampling on social order and good customs, and a stable social environment. and the challenges of clear cyberspace.
Zhu Minming, Executive Vice President of Hangzhou Internet Court: The emergence of a new technology often lags behind in the laws and regulations specifically targeting this new technology, but in general, our country’s entire legal system is now quite complete, and everyone The principles of what you can do and what you cannot do are relatively sound. I think normal people can judge whether your purpose of using this new technology is to benefit mankind as a whole, to improve people's living standards and well-being, or to seek improper personal benefits. . Then I want to grasp this boundary well. These new technologies can serve our better life.
(CCTV reporters Zhang Gang Li Zhigui)
