Abstract

This Note unfolds as follows: Part I explores the various consequences of deepfake pornography on victims, especially for women, both individually and collectively. Part II sets forth the reasons why the current legislation remains inadequate for addressing deepfake pornography. Part III outlines how postmodern legal theory and cyberfeminist critique are essential to reshaping the understanding of consent and autonomy in digital spaces. Part IV introduces the post-consent framework to better address the unique harms posed by deepfake pornography. The potential criticisms of implementing the post-consent framework are also discussed in this section. Part V concludes the Note with a discussion of suggested ways for lawmakers and digital platforms to implement a post-consent framework in the future. 

Keywords

Shannon Stall, Stall, Deepfake Pornography, Gendered Harm, Legislative Responses, Take It Down Act, Cyberfeminism, Redefining Consent, Consent, Postmodern Legal Theory, Post-Consent Framework, Digital Personhood, Identity Control, Psychological Integrity, Non-Material Harms, Accountability, Autonomy, Verification Requirements, Digital Identity Rights Legislation, Cross-Jurisdictional Enforcement