I thought about your comment for a while, and I agree that there is a fine line between "realistic parody" and "intentional deception" that makes deepfake AI almost impossible to defend. In particular I agree with your distinction:
- In matters involving human actors, human-created animations, etc, there should be great deference to the human impersonators, particularly when it involves notable public figures. One major difference is that, since it's virtually impossible for humans to precisely impersonate or draw one another, there is an element of caricature and artistic choice with highly "realistic" impersonations.
- AI should be held to a higher standard because it involves almost no human expression, and it can easily create mathematically-perfect impersonations which are engineered to fool people. The point of my comment is that fair use is a thin sliver of what you can do with the tech, but it shouldn't be stamped out entirely.
I am really thinking of, say, the Joe Rogan / Donald Trump comedic deepfakes. It might be fine under American constitutional law to say that those things must be made so that AI Rogan / AI Trump always refer to each other in those ways, to make it very clear to listeners. It is a distinctly non-libertarian solution, but it could be "necessary and proper" because of the threat to our social and political knowledge. But as a general principle, those comedic deepkfakes are works of human political expression, aided by a fairly simple computer program that any CS graduate can understand, assuming they earned their degree honestly and are willing to do some math. It is constitutionally icky (legal term) to go after those people too harshly.
I think you and I have the same concerns about balancing damage to the societal fabric against protecting honest speech.