AI Deepfake Laws Coming to the UCMJ

As a UCMJ attorney, I am keenly aware of the challenges the military faces in adapting to new technologies. With the 2025 National Defense Authorization Act (NDAA) directing the Department of Defense (DoD) to explore the feasibility of incorporating these elements into the Uniform Code of Military Justice (UCMJ), we're on the brink of significant legal changes.

Congress is advocating for an amendment to Article 120c of the UCMJ, aiming to specifically criminalize the use of deepfakes and AI-generated explicit content, even when these images are not real. At first glance, protecting individuals from AI-generated exploitation seems like a prudent step. However, this rapid technological advancement presents unique challenges, especially when the law is trying to keep pace.

The complexities arise because current legislative drafts lack precise definitions for terms such as "manipulated" or "AI-generated." This ambiguity could result in service members facing charges based on unclear guidelines, potentially punishing individuals for receiving content they did not create or distribute. This situation is compounded by the fact that what might not be criminal in the civilian world could lead to severe repercussions under military law.

Historically, the military has sometimes overreached when adapting to new UCMJ changes, and this could be another instance where service members face over-prosecution as interpretations and implementations are sorted out. As a defense attorney, I foresee a scenario where individuals might be unfairly caught in the crossfire of these evolving legal standards.

The core of the issue is not whether deepfake laws should exist—they should—but rather how these laws are crafted and applied. Without clear legal definitions and guidelines, well-intentioned legislation can lead to unintended consequences, including wrongful prosecutions.

For those serving in the military, this means exercising extreme caution with AI-generated content—whether creating, modifying, sharing, or even receiving it. The UCMJ's adjustments in 2025 could have far-reaching implications, so staying informed and seeking legal counsel if needed is crucial.

As we watch these developments unfold, my commitment remains steadfast: to protect and defend those who serve our country. For more insights on military law and updates on this evolving legal landscape, be sure to like, share, comment, or follow. Together, we can navigate these changes and ensure that justice prevails for America's defenders.