Research On The Criminal Law Regulation Of The Risks Of Artificial Intelligence "deep Fake" Technolog

With the rapid development of artificial intelligence technology,the autonomous learning of machine has made a breakthrough,deepfake technology has gradually come into people’s view in the forms of speech imitation,video "face changing",generating virtual characters and so on.Emerging technologies bring fun and convenience to people’s life,but also bring certain risks,and the crime disorder of abusing technology frequently appears.The criminal risk brought by deepfake technology has gradually attracted China’s attention.This paper will focus on how to regulate the risk brought by deepfake technology in criminal law.This paper is divided into five parts: The first part discusses the principle,characteristics and application scenarios of deepfake technology.The core of deepfake technology is to introduce the machine learning model of "generative adversarial network",which can realize its own continuous optimization iteration and generate highly realistic forgery products.At the same time,its technical operation is portable,the product spread quickly,so that it has been widely used.The second part analyzes the criminal risk brought by deepfake technology.Based on actual cases,the hidden risks of technology are analyzed from three perspectives:crime of personal rights infringement,crime of property infringement and crime of disturbing social management order.The third part combs the status quo of deepfake technology of criminal law regulation.The current criminal law regulations mainly protect the relevant rights and interests through the front-end regulation mode of personal information,the back-end regulation mode of legal interest infringement and the responsibility regulation mode of Internet service providers.Among these three regulation modes,there are still problems such as not specifically protecting the personal biometric information,insufficient regulation of the middle link of related crimes,and the virtual establishment of the crime clause of refusing to perform the obligation of information network security management.The fourth part mainly takes the United States and the European Union as examples,summarizes the legal measures to regulate the deepfake technology overseas,in order to combine with the actual national conditions of China,and selectively learn from the overseas experience.Aiming at the above problems,the fifth part puts forward the basic principles that should be followed by the regulation of criminal law,adds special provisions for the protection of personal biometric information,regulates the middle link of the crime by helping the crime of information network crime,improves the content of the crime of refusing to perform the obligation of information network security management,and gives play to the auxiliary role of technology in the regulation of criminal law.