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
An Overview of the 2022 Partner Compensation Survey with Law360's Craig Savitzky and MLA's Jeffrey Lowe (TGIR Ep. 178)
It's Not Legal Technology That's the Problem… It's the Culture - ALM's Tomek Jankowski (TGIR Ep. 177)
Preparing for the Legal Team of the Future - Adam Curphey (TGIR Ep. 176)
What Does a Post-Pandemic Conference Look Like? Martha Breil on ILTACon (TGIR Ep.175)
A Data Diva and Two Geeks Talk Data Privacy - Debbie Reynolds
Intentional Leadership is about Owning Your Purpose - HBR's Axelle Flemming
The Future of Legal Innovation Will Be Built In By Design - Olga Mack
Teaching (and Pressuring) Law Professors to Teach Technology - Katie Brown
11 Steps Law Firms Can Take to Stop "Women Leaving Law" - Laura Leopard
Increased Revenue, Profits, and Efficiencies through "Smarter Collaboration" - Dr. Heidi Gardner
Aliza Shatzman - Turning a Horrible Judicial Clerkship Experience into the Legal Accountability Project
HyperDraft's Tony Thai and Sean Greaney - The Compatibility of BigLaw and Innovative Lawyers
Leading with Love as a Business Strategy with Jeff Ma and Frank Danna
Engineering Serendipity with The Houston Ion's Joey Sanchez
Diane Rodriguez and Beth Adelman on AALL's Preparation for an In-Person Denver Conference
Peter Baumann: There is So Much Value In Your Data… Once You Control the Risks
Law360's Kerry Benn on 2022 Summer Associate Preferences, Challenges, and Options
Colin McCarthy of Legal Operators on Building a LegalOps Community
Sonja Ebron and Ed Walters Collaborate on Courtroom5 and Fastcase to Help Pro Se Litigants Access Justice
After-Hours with NRF's Zack Barnes
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