Isha Marathe, a tech reporter for American Lawyer Media, joined the podcast to discuss her recent article on how deep fake technology is coming to litigation and whether the legal system is prepared. Deep fakes are hyper-realistic images, videos or audio created using artificial intelligence to manipulate or generate fake content. They are easy and inexpensive to create but difficult to detect. Marathe believes deep fakes have the potential to severely impact the integrity of evidence and the trial process if the legal system is unprepared.
E-discovery professionals are on the front lines of detecting deep fakes used as evidence, according to Marathe. However, they currently only have limited tools and methods to authenticate digital evidence and determine if it is real or AI-generated. Marathe argues judges and lawyers also need to be heavily educated on the latest developments in deep fake technology in order to counter their use in court. Regulations, laws and advanced detection technology are still lacking but urgently needed.
Marathe predicts that in the next two to five years, deep fakes will significantly start to affect litigation and pose risks to the judicial process if key players are unprepared. States will likely pass a patchwork of laws to regulate AI-generated images. Sophisticated detection software will emerge but will not be equally available in all courts, raising issues of equity and access to justice.
The two recent cases where parties claimed evidence as deep fakes highlight the issues at stake but did not dramatically alter the trial outcomes. However, as deep fake technology continues to rapidly advance, it may soon be weaponized to generate highly compelling and persuasive fake evidence that could dupe both legal professionals and jurors. Once seen, such imagery can be hard to ignore, even if proven to be false or AI-generated.
Marathe argues that addressing and adapting to the rise of deep fakes will require a multi-pronged solution: education, technology tools, regulations and policy changes. But progress on all fronts is slow while threats escalate quickly. Deep fakes pose an alarm for legal professionals and the public, dragging the legal system as a whole into an era of “post-truth.” Trust in the integrity of evidence and trial outcomes could be at stake. Overall, it was an informative if sobering discussion on the state of the legal system’s preparedness for inevitable collisions with deep fake technology.
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Transcript
Josh Kubicki and the Brainyacts Newsletter - Helping You Keep Up with the Advancements of Generative AI in the Legal Industry (TGIR Ep. 198)
The Future of AI within LexisNexis and the Legal Industry with Lexis CTO Jeff Reihl - TGIR Ep. 197
From Pain to Creativity: How AI Helped Kristina Kashtanova Illustrate Her "Zarya of the Dawn" Story - featuring Richmond Law's Ashley Dobbs and Roger Skalbeck (TGIR Ep. 196)
Revolutionizing Legal Technology Design with T&P Studios' Nicole Bradick (TGIR Ep. 195)
The Future of Fashion and the Law (TGIR Ep. 194)
The Legal Singularity and the Future of Legal Research - Benjamin Alarie and Abdi Aidid (TGIR Ep. 193)
Breaking Barriers: The Portia Project's MC Sungaila on the Unique Paths to Success for Women Lawyers and Judges (TGIR Ep. 192)
Johannes Scholtes: AI Is Finally Here. Now the Hard Work Begins for the Legal Industry (TGIR Ep. 191)
Colin Lachance on Jurisage's MyJr and How He's Looking at AI to Assist in the Synthesis and Reading of Legal Cases (TGIR Ep. 190)
The Bullshitter, The Searcher, and The Researcher - Damien Riehl on the Dynamic Shift in How the Legal Profession Will Leverage Standards and Artificial Intelligence
Successful Brand Awareness for Legal Professionals - Tips from Stefanie Marrone (TGIR Ep. 188)
The Secret Weapon: Leveraging Patent Agents to Gain a Competitive Edge - Shayne Phillips (TGIR Ep. 186)
The (ALMOST) Completely AI Generated Podcast (TGIR Ep. 186)
ChatGPT - If It Sounds Too Good To Be True... - Tony Thai and Ashley Carlisle (TGIR Ep. 185)
Redgrave Data's Mollie Nichols on the De-Commoditizing of Data in the Legal Industry (TGIR Ep. 184)
APIs are the LEGO Building Blocks of Data - API Panel Discussion with Emily Rushing, Pam Noyd, Chris O'Connor, Keli Whitnell, and Erik Adams (TGIR Ep. 183)
Creating Actual Transparency Between Law Firms and Clients - Litify's Ari Treuhaft and Pam Wickersham
Nearly Two-Thirds of Legal Contracts are Gender-Biased and Why That Matters - Alex Denne and Caroline Hill (TGIR Ep. 181)
LinkSquares' Tim Parilla and Juliette Kopecky: These Aren't Legal Problems or Tech Problems, These Are Business Problems
The Mission: Eliminate Systemic Racism in the Legal System - LexisNexis' Ronda Bazley Moore (TGIR Ep. 179)
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