Suplantación de identidad mediante el uso de IA.

Abstract

Artificial Intelligence is a useful tool in the workplace, legal, and academic fields, but it is a double-edged sword if implemented without regulation and control to prevent malicious use. The central focus of this analysis is identity theft through AI; a current problem since the Organic Integral Criminal Code (COIP) does not regulate these offenses or the mass storage of biometric data. Consequently, there is an enormous difficulty in identifying those responsible for methods such as deepfakes. By using illicit means to steal personal data from an individual or public figure, attackers seek to impersonate them by creating digital clones of their voice or image, a process facilitated by algorithmic complexity and a lack of sanctions. In response, we propose regulatory frameworks with specific penalties, transparent technologies, and digital literacy, especially for digital forensic experts. This is based on comparative legislation from countries in Latin America and the European Union. After analyzing international treaties to which Ecuador is a party, we consider it necessary to modify and expand Article 212 of the COIP to avoid ambiguous interpretations.