Live Webinar
Deepfakes in Court: Challenges, Risks, and Mitigating Injustice in Digital Evidence
December 5, 2024 | 7:00 AM PST
The rise of deepfake technologies is transforming the landscape of digital evidence in
U.S. courts. AI-driven manipulation of audio, video, and photographic evidence is
increasingly undermining the pursuit of justice, making it difficult for judges, juries, and
forensic experts to distinguish between authentic and fabricated content. Challenges
presented by these technologies have already surfaced in cases like United States v.
Guy Wesley Reffitt, Sz Huang v. Tesla, Inc., and State of Washington v. Puloka.
In this session, our panelists will explore how generative AI’s accessibility is enabling
almost anyone to alter evidence and create convincing deepfake content, raising
significant concerns for the administration of justice. They will address the concept of
the "liar’s dividend";—the harmful advantage deepfakes provide by casting doubt on
legitimate evidence. They will discuss the limitations of existing admissibility standards
under the Daubert and Frye rules, and the potential but inconsistent use of Rule 403 as
a gatekeeper for deepfake evidence. Additionally, they evaluate practical current
approaches for screening, assessing, and ultimately admitting digital evidence.
Join us as we consider this looming challenge to justice, the role of lawyers and judges
in mitigating the risks, and the measures needed to safeguard the integrity of the justice
system against the growing deepfake threat.