Truth in the Age of Synthetic Voices: Constitutional and Private-Law Remedies for Deepfake Financial Fraud

Resumo

This study analyzes the emergent threat of deepfake financial fraud, where generative AI technologies allow actors to impersonate others, fabricate identities, and interfere with financial transactions. The objective is to examine the constitutional, statutory, and private-law remedies that are available for this newly developed form of deception that is evolving rapidly. Utilizing recent case law, regulatory guidance, and comparative state and international responses, the analysis assesses whether our existing legal frameworks sufficiently incurred liability on platforms, made evidentiary standards flexible, and enforced anti-money laundering regulations and know your customer requirements. The analysis will also assess private-law remedies, such as fraud, negligence, and misappropriation claims. The analysis acknowledges that there are fragmented, albeit inadequate, responses from courts, regulators, and legislatures addressing the application of deepfakes and its threats, but there remains no comprehensive system to addresses the dimensions of deepfake threats. This study recommends that a collaborative system combining regulatory oversight, private-law accountability and technological infrastructure is necessary to protect private individuals and the entire financial markets.