AI models generating intimate deepfakes often rely on photos scraped from the internet, including public social media profiles. Discovering if someone's face was used to train a NCII-generating AI model without consent raises legal questions separate from the distribution of the resulting deepfakes, and both can be subject to scrutiny.

For the output deepfakes: the focus will be on finding where your face appears. The legal question around training data use involves biometric privacy laws in states such as Illinois (BIPA), Texas, Washington, and others, which may apply when AI training constitutes unauthorized collection of biometric data. Right of publicity statutes in many states may cover the commercial AI use of a person's likeness. These are evolving areas of law where an attorney specializing in AI and privacy law can provide guidance.

Your immediate priority should be to find any deepfake content that has already been generated and distributed. While ScanErase supports you by helping you uncover this, the legal inquiry about training data will require attention from an attorney but should also be pursued for platforms or companies that developed NCII-generation tools using your likeness.

What to do right now

  1. Run a biometric scan to find existing deepfake outputScanErase helps you find where your face appears in deepfake content generated from your likeness.
  2. Document any evidence that your photos were specifically used for trainingThis is challenging but vital for legal claims regarding AI training data. Preserve any screenshots or links.
  3. Consult an attorney about biometric privacy and right of publicity claimsVarious state statutes may create claims against companies that used your face to train NCII-generating AI.
  4. Consider filing an FTC complaint if a commercial entity was involvedThe FTC oversees unfair or deceptive practices, potentially involving unauthorized AI training on personal data.
  5. Consider restricting your public face photographsMaking social media photos private reduces future AI training exposure.