Artificial Intelligence in Identity Fraud

Abstract

ABSTRACT

     The advancement of communication technology, particularly artificial intelligence (AI), has significantly transformed the nature of criminal activity. The development of tools capable of generating hyper-realistic images, voices, and videos has enabled a new form of fraud involving identity forgery through AI. This type of crime is executed with high levels of sophistication and subtlety, making it increasingly difficult to detect, deter, prevent, prosecute, or punish offenders. Many perpetrators possess advanced technological skills and exploit these capabilities to unlawfully obtain property or benefits from others. Such crimes not only cause direct harm to victims but also undermine economic systems, national security, and public trust in digital transaction infrastructure—an essential component of the digital age. The potential for harm is continually increasing due to the growing complexity and scalability of the technology, which allows widespread misuse at low cost. Combined with the ability to remain anonymous online, this makes the apprehension of offenders particularly challenging, thereby exacerbating the severity and impact of such crimes on society.

     Fraud and identity-related fraud constitute forms of economic crime that are becoming increasingly complex. While deception remains at their core, the integration of AI greatly enhances the plausibility and credibility of the fraudulent identity. Criminals can impersonate government officials, public figures, or even the victim’s relatives using fabricated audio, visual, or video content—disseminated primarily via the internet—reaching large numbers of potential victims rapidly. This is especially dangerous for vulnerable groups such as the elderly or individuals unfamiliar with digital technology. Despite the high financial losses and systemic impact of such fraud, the Thai Penal Code does not currently provide specific provisions or sentencing enhancements for AI-based identity fraud. Existing laws—such as Sections 342(1), 343 paragraph two in conjunction with Section 342 of the Penal Code, and Section 14(1) of the Computer-Related Crime Act B.E. 2560 (2017)—are inadequate to fully address the complexity and gravity of crimes involving AI technologies.

     This research aims to analyze the legal challenges arising from the inadequacy of current statutory provisions to address such sophisticated offenses. It examines legal principles and theories related to aggravating circumstances and criminal penalties, and compares Thai law with foreign legal frameworks in France, the United States, and the United Kingdom, which have developed specific measures to regulate the misuse of Deepfake technology for identity deception and fraud. The study proposes the inclusion of a specific “aggravating circumstance” for fraud committed by means of AI-based identity forgery, through the addition of a new provision—such as Section 342/1 of the Penal Code. This would classify such conduct as a more serious offense and impose proportionately increased penalties. The proposed legal reform would modernize Thai law to reflect current realities and enhance the state’s ability to prevent, suppress, and respond effectively to technologically-driven crimes, thereby promoting justice and public order.

Keywords:   Fraud,  Identity Forgery,  Artificial Intelligence,  Aggravating Circumstances