Several years ago, my husband and I attended a party. The hosts collect art, primarily paintings, but we noticed a small figure of a woman. Because a three-dimensional form was unusual in their collections, we inquired about it. We learned that it was a model of a friend. That was my introduction to the capability of producing three-dimensional forms. Today, there are many uses for 3-D modeling.
Recently, however, what just appeared in the news was a use that went beyond other common uses. The capability of creating fake nude images without the consent of the person whose head is being used to create the fake full body nudity was the issue.
The immorality of such use seems obvious to me. However, Elon Musk was taken to court to determine his right to do just that. The claim of Musk that he had the right to use the woman's head without her permission for his false depiction on the grounds of Freedom of Speech was denied by the Court.
I could not help but remember that not long ago, Elon Musk was given access to all sorts of private information. As technology makes available so many things that not long ago we could never imagine, we must face those unimagined things. We have rushed past so many things that can be done without slowing down to consider what should or should not be done.
Musk's inappropriateness seems obvious. The First Amendment guaranties all Americans the right of privacy. The Minnesota judge may have been the first to ban what Musk did, reinforcing the severity of Musk's abuse with a fine of $500,000 per violation. I am sure that the richest man in the world can afford to pay the fine. However, he may also have enough money to challenge the ruling.
Other cases involving free speech verses the right of privacy may be on their way. The clashes of those two rights are not uncommon. In general, free speech will take priority over privacy claims, particularly when thoughtful information is shared in public view or the issue of political interest is involved. However, using an image of a person's head fixed to the body of another person went too far. If this case goes to higher courts, I hope privacy prevails. As unbelievable things now are becoming possible, our responsibilities as humans become more important and more challenging.










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