Category Archives: Topics

Deepfakes Perpetuating Disinformation in America

By Ruhi Kumar

In the report Deepfake, Cheapfake: The Internet’s Next Earthquake? DeepTrust Alliance describes the ‘portending serious consequences’ deepfakes have for society by highlighting the social, political and emotional toll deepfakes place on individuals, corporations and governments. As the issue of deepfakes permeates many aspects of society, legislators and policymakers have long struggled to come up with appropriate solutions and safeguards. Id.

Given the vast scope of this issue, it is pertinent that stakeholders adopt a collaborative and holistic solution be adopted to curb the use of deepfakes, only then will the deepfake misinformation be addressed in a meaningful way. To ensure long-term success in curbing deepfake misinformation a combination of technological tools and processes, legislative policy and consumer education campaigns should be adopted.

Deepfakes are a “potential new frontier of disinformation warfare” and misinformation that requires prompt policy action. Tom Dobber & Nadia Metoui, Do (Microtargeted) Deepfakes Have Real Effects on Political Attitudes?, 26 The Int’l J. of Press/Pol. 71 (2020).  This has been particularly evident in political elections, since to an untrained eye, a deepfake may be difficult to distinguish from a legitimate video. For instance, in the 2020 Indian elections, the Delhi BJP partnered with a political communications firm to create campaigns utilizing deepfakes to sway a large Haryanvi-speaking migrant worker population in Delhi from voting for the rival political party. These deepfakes were distributed across 5,800 WhatsApp groups in Delhi and reached approximately 15 million people. Id. Circumstances like this and many others prompt questions about the “legitimacy of democratic elections, the quality of public debate and the power of citizens”. Dobber & Metoui.

As such, in order to remedy the potential corrosive impact deepfakes could have on an already fragile political landscape governments should adopt legislation that aims to curb potential misinformation and ensure the safety of their citizens. Several states in the United States such as California and Texas have passed laws that criminalize the publishing and distributing of a deepfake videos that intend to influence the outcome of an election. While the enactment of these laws is a step in the right direction, it does little to create long term change given the vast and cross boarder nature of online platforms. Even with this newly enacted state legislation, victims continue to encounter hurdles in identifying the exact location of the deepfake creator.

Additionally, in many cases the creator of the deepfake may be located outside of the state’s jurisdiction making the legislation inapplicable, leaving consumers susceptible to misinformation and victims lacking adequate redress. In order to tackle this issue, legislators should adopt a federal approach which would allow for a more cohesive handling of deepfake cases and facilitate more impactful remedies for victims.

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Active Cyber Measures: Reviving Cold War Debunking and Deterrence Strategy

By Nicolas Aalberg

Department of Justice and National Intelligence Center reports on active cyber measures (ACMs) carried out by U.S. adversaries on social media display a staggering manipulation of American conversations, journalism, and electoral processes. Unlike Cold War active measures conducted through human intelligence (HUMINT) operations, creating or manipulating an online intelligence asset requires exponentially fewer resources and yields results with far greater scale. However, the U.S. responded to Cold War active measures through defensive counterintelligence and misinformation-debunking programs and through offensive, active HUMINT deterrents, and that same strategy can be used to combat ACMs today.

The Intelligence Community (IC) must work defensively using signals intelligence (SIGINT) and open-source intelligence (OSINT) to detect and neutralize enemy social media accounts, and Congress must create a bipartisan committee (the “Committee”) to communicate declassified information to the American public to expose manipulation of online conversations. At the same time, USCYBERCOM and CIA must work in tandem offensively through a new blend of cyber warfare and HUMINT to deter ACM proliferation and respond in kind, and once again set global military and intelligence standards on U.S. terms.

I.   Defensive Posture: Congress Must Create a Bipartisan Committee to Counter Active Cyber Measures

Given that U.S. adversaries are successfully laying siege to the fabric of American political conversations, the U.S. needs to adopt a Cold War-era defensive posture consisting of counterintelligence efforts and increased transparency with the electorate about manipulated conversations. Historically, CIA has collaborated with FBI on counterintelligence efforts to remove compromised and planted HUMINT assets. NSA, CIA, and the Office of the Director of National Intelligence (ODNI) must similarly identify active personas and botnets through a combination of SIGINT and OSINT and collaborate with the social media industry to remove these accounts.

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Symposium on Military Justice | October 2021

National Institute of Military Justice logo

Hosted by National Institute of Military Justice (in honor of NIMJ’s 30th anniversary)

The following pieces are from the “30 Years of Military Justice” symposium held on Oct. 28, 2021, with keynote speaker Senator Kirsten Gillibrand (D-NY), and in partnership with Georgetown University Law Center’s Center on National Security and the Law, the Journal of National Security Law & Policy, and the Georgetown National Security Law and Military Law Societies.

Keynote Address | Sen. Kirsten Gillibrand

Military Retiree Court-Martial Jurisdiction: Trials and Tribulations | Philip D. Cave & Kevin M. Hagey

The Good Officer? Evaluating General Milley’s Constitutional Dilemma | John C. Dehn

Tort Remedies in Military Prisons and Brigs | Brenner M. Fissell & Max Jesse Goldberg

Reassessing the Ahistorical Judicial Use of William Winthrop
and Frederick Bernays Wiener
| Joshua Kastenberg

Preliminary Hearings in the United States Military | Franklin D. Rosenblatt