Brian Cesaratto Quoted in “New Jersey Legislation to Watch: A Midyear Report”

Brian G. Cesaratto, Member of the Firm in the Litigation and Employment, Labor & Workforce Management practices, in the firm’s New York office, was quoted in Law360 in “New Jersey Legislation to Watch: A Midyear Report,” by Ryan Harroff. (Read the full version – subscription required.)

Following is an excerpt:

New Jersey proposals for a corporate transit tax and mandatory business showdowns during sweltering weather have generated concerns from industry sectors fatigued by rising costs, while the rise of artificial intelligence and corresponding legislation appears to have united those fearing the digital-age hazard of "deepfakes."

'Deepfakes' Inspire Push for AI Watchdog

The latest frontier in artificial intelligence has inspired legislation — New Jersey Assembly Bills A2818 and Senate Bill S2543 — aiming to criminalize "deepfakes," which are digitally altered images, videos and audios created with artificial intelligence and designed to seem like real people. They've been weaponized for harassment, extortion or to confuse and mislead voters before political elections.

Lawmakers likewise pushed to establish a $2 million "Deep Fake Technology Unit" in the Department of Law and Public Safety of the New Jersey Office of Attorney General tasked with enforcing the deepfake bans and helping the state verify evidence for cases related to the issue. The bills would impose criminal penalties including prison time and thousands of dollars in fines for the use of deepfakes and also create a cause of action for victims, voters and political candidates to seek relief for claims arising from deepfakes.

Brian Cesaratto, a member of Epstein Becker & Green whose practice focuses on artificial intelligence, data privacy and other technology issues, told Law360 that the New Jersey legislature's moves to ban malicious deepfakes are part of a "national recognition" at state and federal levels that the doctored images, videos and audios are an increasingly prevalent issue.

"Whether you're a large employer, a large corporation, or you have any brand, you need to understand and recognize that deepfake technology and the threats from deepfakes are real and prevalent, and are of a similar vein of cyber hacking or other cyber threats," Cesaratto said. "There's a technology out there that can be misused, and so the starting point is to be aware it's not fiction. There are real attacks that are occurring."

Cesaratto added that deepfakes are not just a concern for public figures and major brands but for everybody, stating that attacks with deepfakes on people and brands' images are likely to increase both in total number and in actual harm caused.