Using other people's face information without authorization to make face-changing videos will not only infringe on the private interests of others, but may also encroach on public information security and endanger the public interest.
Change your face, not if you want to
——Perspective "AI face change" infringement of personal information public interest litigation case
In June this year, the Xiaoshan District Procuratorate in Hangzhou, Zhejiang Province, filed a civil public interest lawsuit against a case of using "AI face swapping" technology to infringe on citizens' personal information. The picture shows the scene of the trial.
"AI for face", I believe everyone is no stranger, only need a photo, through deep synthesis technology, anyone can become the protagonist in the hit film and television works, and even the expression and demeanor are enough to fake the real thing. However, in recent years, with the lowering of technical thresholds and the increase of application scenarios, the application of "face changing technology" has long broken through the original entertainment scope, and even become a means of profit-making by criminals.
In June this year, the Xiaoshan District Procuratorate in Hangzhou City, Zhejiang Province filed a civil public interest lawsuit against a case of using "AI face changing" technology to infringe on citizens' personal information (reported on the June 21 page of this newspaper). On August 4, after trial, the Hangzhou Internet Court rendered a judgment in the case in accordance with the law, supporting all the claims of the procuratorate as a public interest litigation plaintiff: ordering the defendant Yu to immediately stop the infringement and delete all personal information involved in the case retained in his social software group; Publish a statement apology to the public in the state-level media to eliminate the impact, warn and pay 60,000 yuan for damages that infringe on the public interest. On 22 August, the judgment came into effect.
"Change your face, you can't just change it at will! Through the handling of this case, we hope to remind the public that when using emerging technologies, we must not forget the legal regulation and moral and ethical constraints, which are the boundaries that all technological development should have. Zhang Lei, a full-time member of the procuratorial committee of the Hangzhou Xiaoshan District Procuratorate who undertook the case, told reporters.
With just a few photos, anyone can be a victim
"I really regret it!" For the 36-year-old Yu, the curiosity about "changing faces" has not only brought about criminal punishment, but also corresponding civil liability.
"Change whoever you want to change your face, it's fun and exciting!" Around the New Year of 2020, when Yu first came into contact with the "AI face changing" technology from the Internet, he was very curious and inexplicably excited. Subsequently, Yu downloaded the face changing software from the Internet and mastered the technology of related video synthesis. When using this technology, Yu found a "business opportunity": using "AI face changing" software to produce and generate fake face changing obscene videos, which can be spread on online social software, which can attract more attention. Beginning in June 2021, for the purpose of profit, Yu used the above-mentioned "AI face swapping" software to replace and synthesize the face information of others collected from the Internet and other channels with the face information in some obscene videos, and produced and generated false face changing videos for dissemination on online social software. At the same time, Yu also created multiple groups on social software to provide face-changing video customization services for others, and made face-swapping videos based on videos or photos provided by customers. In addition, Yu sells "AI face changing" software on online social software, provides face changing materials and teaches tutorials.
"Let all obstructions disappear! The mobile phone can be operated, and the star Internet celebrity amateur can get the result within 30 seconds! Buy software private message contact!"" As long as you can see your face, you can change it!" Do you provide customized face changing videos? I want to replace the girl I have a crush on. How is it charged?" No problem, the cost... Send me a password red envelope!" ...... For a period of time, Yu's social software group was lively and business was booming. The password red envelope was received more than 200 times, with a total amount of more than 60,000 yuan. In August 2022, the public security organs discovered Yu's criminal act of making and disseminating pornographic materials online for profit, and opened a case against him for investigation in accordance with the law. In November 2022, Yu was transferred to the Xiaoshan District Procuratorate for review and prosecution. On March 28 this year, the court prosecuted Yu on suspicion of making and disseminating pornographic materials for profit.
"What caught our attention was that while spreading pornographic materials for profit, Yu would also provide 'customized' face-changing videos for others and teach how to use face-changing software." When participating in the discussion of Yu's criminal case, Zhang Lei, who is also the head of the procuratorial department of public interest litigation of the court, learned that Yu would make and generate specific face-changing videos based on videos or photos provided by customers. In addition, Yu will also directly sell "AI face changing" software on online social software, teach customers how to use the software and provide corresponding materials. The objects of "customized" face changes requested by customers include not only some public figures we know, but also ordinary people in life.
"With just a few photos, anyone can be a victim." Zhang Lei said that in recent years, it is not uncommon to abuse the "AI face change" technology to carry out various acts of infringing on personal information, just relying on a face-swapping photo or a face-swapping video, or fabricating news, hyping hot spots, or insulting and defamation, and carrying out extortion and fraud, "This kind of behavior will be superimposed on the network transmission, the harmful results will produce fission, and the harm caused to the infringed party is often long-term, continuous and irreparable." ”
It is necessary to defend the public good hidden behind private interests
Is the unauthorized use of other people's facial information to make face-changing videos infringing on the victim's private interests or the public interest?" It is necessary to see that behind the personal rights and interests of each victim is the normal public order of the network and the public interest carried on the basis of an unspecified majority of social subjects. When discussing the case, Zhang Lei said.
From the woman's subway photo being "one-click undressing" to the image of ordinary people in this case being grafted into obscene videos, 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 individual, but in fact it is a trampling on social order and good customs, and a challenge to a stable social environment and a clear cyberspace.
In this case, Yu, as a user of "AI face change" technology, not only illegally obtained a large number of facial information in the public space of the Internet, but also used deep synthesis technology to illegally process it, and then made obscene videos to spread in online social software groups of more than 2,000 people, violating laws, regulations and social ethics, infringing on public information security, undermining social and public order, and selling "AI face changing" software to others knowing that others might use the "AI face changer" software for improper purposes such as infringing on personal information, Provide face-changing materials and teach tutorials, and disseminate methods and means of infringing on citizens' personal information, further expanding the social danger of more unspecified subjects' personal information being infringed. "Therefore, in addition to pursuing their criminal responsibility in accordance with the law, we believe it is necessary to file a civil public interest lawsuit to regulate this kind of infringement of citizens' personal information."
After discussion, it was agreed that a public interest lawsuit was necessary. Subsequently, the court reported to the Hangzhou Municipal Procuratorate and received support.
"In fact, we have more or less experienced the harm of personal information being leaked. Once personal information is excessively collected, leaked and illegally used, the harm caused by unbearable sales calls, unsolicited data collection, and precise online fraud is incalculable. As sensitive personal information with high identification and strong correlation, facial information should be the object of key legal protection. Bi Kelai, director of the Eighth Procuratorial Department of the Hangzhou Municipal Procuratorate, said after hearing the report.
On April 14 this year, the Xiaoshan District Procuratorate decided to file a public interest lawsuit against Yu's "AI face change" infringement of personal information, and performed the announcement procedure on the same day. On June 9, the court filed a civil public interest lawsuit against Yu in accordance with the law. On June 12, the Hangzhou Internet Court officially opened the case.
Technology is not good or evil, but its use needs to be regulated
On July 28, the case was heard in public at the first instance of the Hangzhou Internet Court.
During the trial, the Xiaoshan District Procuratorate, as the public interest litigation plaintiff, sent Zhang Lei to appear in court. The procuratorate conducted court education for defendant Yu in light of the facts of the case, harmful consequences, legal liability, etc., and Yu expressed sincere remorse through his agent ad litem and expressed his intention to perform compensation.
During the trial, Zhang Lei made an impressive statement in court: "Technology itself is neutral and harmless, but technology neutrality does not mean value neutrality, especially the value neutrality of developers and applications, and it does not mean that participants in 'deep synthesis' should not be subject to legal regulations and moral ethics."
After trial, the court found that Yu's abuse of face deep synthesis technology had harmed the public interest, and sentenced him to bear civil liability for stopping the infringement, compensating for losses, and apologizing. The defendant Yu obeyed the court's judgment, and the judgment has now taken effect. Yu has fulfilled his obligation to apologize and compensate. The amount of compensation will be used exclusively for public welfare matters such as personal information protection and governance of improper application of face deep synthesis technology.
"The use of technology is a double-edged sword, and if it is used for good, it can benefit society, and improper abuse will cause social risks and damage." The regulation of the application of deep synthesis technology such as face changing software should start from its participants, including inventors, applications, disseminators, etc., and take the purpose of regulating the use of deep synthesis technology as the path to achieve the rational use of deep synthesis technology and avoid many risks caused by the technology to individuals, society and the country. At the same time, it is also necessary to guide technology developers and users to consciously abide by legal provisions and scientific and technological ethics, cultivate a positive, healthy and upward research and development and application environment, and protect and encourage the beneficial exploration of emerging intelligent technologies. Xiao Qian, the judge who handled the case, said after the verdict was pronounced.
The reporter noted that in January this year, the Provisions on the Management of Deep Synthesis of Internet Information Services jointly issued by the Cyberspace Administration of China, the Ministry of Industry and Information Technology, and the Ministry of Public Security were officially implemented, delineating the "bottom line" and "red line" for deep synthesis services, emphasizing that deep synthesis services must not be used to engage in activities prohibited by laws and administrative regulations, and requiring deep synthesis service providers to implement the main responsibility for information security.
On August 15, the Interim Measures for the Management of Generative Artificial Intelligence Services jointly released by the Cyberspace Administration of China and multiple departments were officially implemented, making more detailed provisions for the generative artificial intelligence industry. "However, while the legal provisions are constantly improving, the iteration of technology is also accelerating, how to overcome the natural lag of the law on technical regulation, and how to deal with new phenomena and new problems in the process of technological development are new problems that regulators and judicial authorities need to face." Zhu Minming, presiding judge and executive vice president of the Hangzhou Internet Court, said.
"In the process of handling this case, we also deeply realized that behind the iteration of technology, the contradictions between 'easy infringement' and 'difficult to protect rights' are more prominent." Zhang Lei said that in the past, in judicial practice, there were very few lawsuits filed by individual citizens to protect personal information, among which the high cost of rights protection, strong professionalism, and difficulty in presenting evidence were the main reasons. Taking this case as an example, how to prove the existence of the fact of facial information infringement may require evidence of the information processor, processing methods, information acquisition, whether information processing and processing are illegal, etc., and it is difficult for ordinary members of the public with the above evidence to complete the preliminary evidence on their own, even judicial organs have spent a lot of time and energy in the process of investigating and collecting evidence. When individual citizens encounter this situation, they often give up defending their rights through litigation out of helplessness, which will indirectly lead to the indulgence of infringement of the public interest, so that technical violations always walk outside the bottom line of the law.
It is reported that in June this year, under the direct guidance and promotion of the Eighth Procuratorate of the Supreme People's Procuratorate, the Hangzhou Internet Court and the Hangzhou Yuhang District Procuratorate signed the "Measures for Promoting the Collaboration of Internet Procuratorial Public Interest Litigation Cases (Trial)", aiming to explore a new mode of handling cases in Internet procuratorial public interest litigation and jointly blaze a new path of coordinated judicial governance in cyberspace.
(Justice Network Hangzhou, August 22)
Voices from all sides
Further advance Internet procuratorial public interest litigation
Huang Meimei, deputy to the National People's Congress, image ambassador of Zhejiang Provincial Procuratorial Public Interest Litigation, and honorary president of Zhejiang Yongkang Sunshine Love Volunteer Association
As representatives of the public interest, procuratorial organs should base themselves on their procuratorial functions, perform their duties in accordance with the law, break through the limitations of the protection of private interests, better solve the difficulties in judicial practice, and use judicial practice to enhance the public's confidence in the country's rule of law, personal security, and social governance. Internet procuratorial public interest litigation has become an important part of the construction of the network system governed by law, and the time is ripe for further promotion of Internet procuratorial public interest litigation. It is recommended to promote the addition of procuratorial public interest litigation provisions to legislation in Internet-related fields.
Promote the win-win situation of "good governance" and "good wisdom"
Guo Bing, Deputy Dean of the Institute of Data Rule of Law and Head of the Data Law Innovation Team of Zhejiang Sci-Tech University
I have always paid attention to the security of face information and the progress of the case. On the one hand, if face information is collected, stored and used arbitrarily, it is bound to bring serious security risks to individuals, and then cause disorder in cyberspace, any individual may become a victim of abuse of face information, and everyone in cyberspace will find it difficult to obtain a sense of security, which is undoubtedly extremely destructive to normal network order; On the other hand, as face recognition technology is more and more widely used in our daily life, similar to "AI face change" technology applications are also emerging in an endless stream, criminals can very conveniently carry out telecommunications network fraud, extortion and other illegal and criminal activities through "AI face change" technology, which is extremely harmful to the public's personal and property safety. By guiding and standardizing the application of new technologies, strengthening source governance, and strengthening the protection of citizens' personal information, including facial information, it is necessary to promote the win-win situation of "good governance" and "good wisdom" through the performance of procuratorial duties, and more importantly, all parties need to work together.
Deepen the governance of the "AI face-for-face" system and the source governance
Qiu Jinghui, deputy director of the Eighth Procuratorate of the Supreme People's Procuratorate
In response to the use of generative artificial intelligence technology to generate obscene pornography, false and harmful information and other content prohibited by laws and administrative regulations, endangering the physical and mental health of others, and infringing on others' portrait rights, reputation rights, honor rights, privacy rights and personal information rights and interests, the Hangzhou procuratorate, in coordination with the public security organs and judicial organs, on the basis of criminal prosecution, through civil public interest litigation to reflect the judicial value guidance, and the "Interim Measures for the Management of Generative Artificial Intelligence Services" implemented on August 15 this year The concerted efforts demonstrate the state's confidence and determination to promote the healthy development and standardized application of generative artificial intelligence, safeguard national security and social public interests, protect the legitimate rights and interests of citizens, legal persons and other organizations, and further increase law enforcement and judicial efforts.
The enlightenment of this case is also that, in conjunction with anti-telecommunications network fraud efforts, the procuratorate may cooperate with the public security organs and administrative supervision departments to strengthen governance of key apps such as instant messaging, online live broadcasting, online social networking, e-commerce platforms, and financial payments that have a large number of domestic users and prominent hidden dangers, promptly discover the risks and hidden dangers of the face recognition verification system, and urge service providers to follow the " Provisions on the Management of Deep Synthesis of Internet Information Services" to carry out investigations, corrections and rectifications, and urge service providers to strictly perform legal responsibilities. At the same time, in accordance with the Provisions on the Administration of Deep Synthesis of Internet Information Services, procuratorial organs may, in conjunction with relevant functional departments, strengthen the supervision of technical support providers, actively explore algorithm supervision and procuratorial public interest litigation, and deepen the "AI face swapping" for the main purpose of applying to face images and video generation scenarios listed in the Domestic Deep Synthesis Service Algorithm Filing List (June 2023), fusing user-uploaded photos with specific images, and generating fused face images, videos and other main uses System governance and source governance of problems.