Levittown Episode 4: Prosecutors Grapple with Deepfake Legality

The Arrest of Patrick Kerry

• detective Timothy Ingram made an arrest in the Levittown deep fake case after an 8-month investigation.
• The suspect, Patrick Kerry, was identified by several young women who knew him from high school.
• Kerry confessed to creating and posting explicit content of his high school peers online, admitting, "Yeah, it was me. I did it."

Prosecutorial Challenges

• Prosecutors Melissa Scanel and Kelsey Laura faced the challenge of determining if Kerry's actions constituted a crime, particularly a felony.
• They noted that while his behavior was awful, it was unclear if it was criminal under existing New York law, especially concerning "artistic expression" protected by the First Amendment.
• The legal team had a 90-day window to file charges before the risk of dismissal.

Kerry's Confession and Motivation

• In his confession, Kerry stated he was driven by boredom and addiction to internet pornography, seeking a thrill from causing fear and embarrassment to his victims.
• He described a cycle of thrill-seeking, guilt, and remorse, eventually apologizing for the suffering caused.
• Kerry was active on the website since 2019, posting personal information and encouraging other users to harass the women.

Deepfake Technology and Evolution

• The website hosted manipulated images, initially using photo editing apps, but evolved with the rise of deepfake technology.
• The transcript details the emergence of deepfakes, starting with celebrity face-swapping and progressing to more sophisticated AI algorithms.
• This technological advancement outpaced the law, making it difficult to prosecute.

Felony Charges and Legal Hurdles

• Prosecutors struggled to find a felony charge that fit Kerry's actions, as many posts involved misdemeanor harassment and obscenity violations.
• They eventually found grounds for a felony charge based on a real, non-consensual nude photo of a 14-year-old victim, which qualified as child sexual abuse material and revenge porn.
• Kerry was indicted on felony charges including promoting a sexual performance by a child, aggravated harassment, and stalking, but not for the deepfake images themselves.

Lingering Issues and Jurisdiction

• Despite Kerry's indictment and guilty plea, the website remained online, exposing victims to further danger.
• Prosecutors lacked the jurisdiction to take down the website as it was not hosted in the United States.
• The episode highlights the limitations of law enforcement in addressing cybercrime due to resources, borders, and jurisdiction.