A new way to avoid liability: the deepfake defense
Tesla presented this argument as part of its justification as to why Musk shouldn’t be interviewed under oath for aHuang died while driving a Tesla Model X, with attorneys for his family arguing Tesla’s driver assist software was at fault. The attorneys seek to interview Musk regarding statements he made about the safety of this software. These include an interview in 2016 in which Musk claimed that “a Model S and Model X, at this point, can drive autonomously with greater safety than a person.
“Their position is that because Mr. Musk is famous and might be more of a target for deep fakes, his public statements are immune”, Tesla’s lawyers stated that Musk could not recall details about such claims and that, “like many public figures, is the subject of many ‘deepfake’ videos and audio recordings that purport to show him saying and doing things he never actually said or did.”“Their position is that because Mr.
Judge Evette Pennypacker tentatively ordered that Musk give a limited, three-hour deposition about these statements.notes that “California judges often issue tentative rulings, which are almost always finalized with few major changes after such a hearing.” A hearing is scheduled for Thursday to finalize the deposition and the lawsuit is set to go into trial on July 31.
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