On October 3, the topic of AIs face changing suspected of infringing on the right of portrait appeared on Weibo hot search. According to media reports, before, there were e-commerce platforms selling face data matching identity information at a price of 0.5 yuan per copy. Once criminals use artificial intelligence technology to activate photos, they can easily be used for online loans or precision fraud.
0.5 yuan can buy face data matching identity has aroused hot discussion on microblog
In September last year, face changing application Zao has been popular all over the network. As long as the operation is carried out according to the requirements, you can change your face into a star face or a friends face. However, the ethical and moral risks involved in it and the concerns about personal privacy have aroused controversy. In recent years, there have been many cases in which criminals cheat money by making false videos and infringe on others portrait rights by changing faces.
From September 9, 2018 to August 31, 2020, the court accepted 6284 cases of infringement of personal rights through the Internet, including 4109 cases involving infringement of portrait right, accounting for about 65.4%, according to data from Beijing Internet court, Xinhua news agency. In the disputes of infringing portrait right, about 50.8% of infringement behaviors are in the form of soft advertisement, especially the phenomenon of soft advertisement and selling the same products of stars in online stores.
In addition, according to the statistics of Beijing Internet court, the average amount of damages claimed in each case is nearly 300000 yuan, but the average amount of damages supported by each case is less than 50000 yuan. This also reduces the illegal cost of infringing portrait rights. The main reasons for this gap are: the lack of evidence on the popularity of the obligee, the lack of proof for the actual loss and the interests of the infringer.
Beijing Youth Daily also reported in September last year that 170000 pieces of face data were sold publicly in online shopping malls. These face data cover 2000 peoples portraits, each with about 50 to 100 photos. In addition, each photo is matched with a data file. In addition to the face location information, there are 106 key points of the face, such as the contour information of eyes, ears, nose, mouth, eyebrows, etc.
When reporters contacted the people in two of the packets, they were shocked that their photos and facial data had been sold. Previously, they have not authorized any person or organization to collect their own facial data, nor have they allowed anyone to sell it. After verification, the online shopping mall confirmed that the face data sold by the merchant did not conform to the sales rules of the platform, so it was removed from the shelves.
The Red Star News reporter did not find any related products when searching for face data on several network platforms today. However, on a second-hand trading platform, there are still people selling face QR code recognition programs with 400 face databases, and the price is 3 yuan for package mail.
It is understood that the civil code of the peoples Republic of China, which will be implemented next year, clearly states that no organization or individual may infringe upon anothers portrait right by defamation, defamation, or forgery by means of information technology. On the Internet of judicial documents, the cases of infringing portrait right often happen on stars, and most of the enterprises are beauty hospitals.
Wu Yao, a lawyer from Sichuan discovery law firm, told Red Star News reporters that because public figures are often active on the Internet, it is inevitable that a large number of photos and videos will be obtained by people with ulterior motives. In addition to the stars, many network anchor also suffered technology poison hand.
As for the infringement of the right to portrait of ordinary people, Wu Yao, a lawyer, said that reducing the number of pop photos on the Internet and avoiding excessive diversification of photo angles and expressions are all good strategies to protect their own rights and interests from the source.
At the same time, if the infringed party has found that someone has made use of AI technology to produce and publish infringing videos on the Internet, and it is difficult to contact the publisher, according to the provisions of the tort liability law, it can notify the corresponding network service provider to take necessary measures such as deleting, blocking, and disconnecting links. If the network service provider fails to take necessary measures in time after receiving the notice, the enlarged part of damage shall be considered The frequency publisher shall bear joint and several liability.
In addition, Wu Yaos lawyer reminded that anyone who finds that a false video produced by AI face changing technology may have infringed upon or constitute a crime, he should not forward it at will. According to the relevant judicial interpretation, if employing, organizing, abetting or helping others to publish and transmit network information infringes upon the personal rights and interests of others, and the infringed party requests the perpetrator to bear joint and several liability, the peoples court shall support it.