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So-called “deepfake evidence” and computer-authored legal pleadings share, in several respects, similar attributes. They’re each created by widely available artificial intelligence technologies. They can be highly persuasive,...more
In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today discuss how courts are beginning to address the challenges of AI-generated evidence, including deepfakes. Drawing from the...more
Federal Rule 901 governs the authentication of evidence in court. Per the rule, “[t]o satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a...more
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. ...more
The increasing sophistication of digital manipulation and AI-generated content has brought a new challenge to eDiscovery and legal professionals: fake evidence. From deepfakes and shallow fakes to fabricated emails, text...more
“The irony.” So wrote federal district judge Laura M. Provinzino when she rejected as unreliable an artificial intelligence expert’s report that was found to have contained three non-existent, AI-generated citations. The...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of February 2-8. Here’s what’s...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of November 3-9. Here’s what’s...more
As deepfake technology becomes increasingly sophisticated and accessible, courts are now facing unprecedented challenges in distinguishing authentic evidence from AI-generated fabrications. This issue, particularly critical...more
ComplexDiscovery’s Editor’s Note: Generative AI is reshaping industries, and the legal community is facing pressing challenges, particularly concerning the authenticity of digital evidence. As AI technology continues to...more
This is the conclusion to a two part article. Please read Part One first. There must be legal recourse to stop this kind of fraud and so protect our basic freedoms. People must have good cause to believe in our judicial...more
On April 19, 2024, the Advisory Committee on Evidence Rules for federal courts faced a critical question: Does AI-generated evidence, including deepfakes, demand new rules? The Committee’s surprising answer—’not yet.’ Was...more
What can we do to address the challenge of Deepfakes being presented as relevant and authentic evidence in the justice system? Deepfake technology poses a serious challenge to establishing and rebutting the authenticity of...more
An Interview with Dr. Maura Grossman by Kate Halloran - What do you recommend that law firms focus on when developing policies around the responsible use of AI? Firms must have a very clear idea of the scope of permissible...more
Brett Burney, eLaw Evangelist for Nextpoint and Doug Austin, Editor of eDiscovery Today, both EDRM Trusted Partners, sit down with Kaylee and Mary to talk about the trends they are seeing in hyperlinked modern attachments,...more
Deepfake images stored on cell phones can have significant implications for eDiscovery. Let’s examine some ways in which they may impact litigation, corporate compliance, and investigation activities and consider mitigation...more
The GPTJUDGE: Justice in a Generative AI World article will be published in October by Duke Law & Technology Review. The authors are Maura Grossman, Paul Grimm, Daniel Brown and Molly Xu. In addition to suggesting a legal...more
In several recent high-profile trials, defendants have sought to cast doubt on the reliability of video evidence by suggesting that artificial intelligence may have surreptitiously altered the videos. These challenges are...more