The Supreme Court of Louisiana this week recognized the dangers of AI manipulated video and ruled that defendants have the right to assess purported videos and photographs to assess authenticity and test for manipulation. As trial lawyers, we know that jurors pay special attention to what they SEE, often believing what they see over what they hear. Historically, altered documents, photos and videos could be detected visually. Experts could be called to testify about physical alteration of the document.
This has changed in the digital age. Now presidents can post images of themselves as the pope. AI can swap faces, bodies and voices. Today, trial lawyers must be especially vigilant to present true and accurate representations, and to closely scrutinize, or have an expert analyze, visual evidence offered by the opposing side.
With the advent of artificial intelligence and technological advancements in cameras and editing, the risk of manipulation has greatly increased. Therefore, as Wolford recognizes, and as reaffirmed today, it is important to the search for truth, which is the fundamental purpose of any adversarial proceeding, that the plaintiff be provided a meaningful opportunity to assess the authenticity of and any weaknesses in any surveillance video.
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