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
Laura Leopard on Law Firms' Current Succession Planning: Step One - Do Nothing
Trellis' Nicole Clark on Leveraging State Court Data for Competitive Advantage (TGIR Ep. 214)
You Still Need to Put in the Work: Hyperdraft's Ashley Carlisle and Tony Thai on the AI Hype Cycle
Thomson Reuters' Kriti Sharma on Responsible AI and the Path to Trusted Tech in Law
Cybersecurity in the Remote Work Era: AI, Employees and an Integrated Defense - With SessionGuardian's Jordan Ellington and Oren Leib, and Katten's Trisha Sircar
A Literal Generative AI Discussion: How AI Could Reshape Law
The Rising Cost of Legal Services: Insights from 10 Years of Data from CounselLink's Kristina Satkunas
Curt Meltzer on Why Legal Tech Companies Should Give Back: The Business Case for Pro Bono, A2J, and Community Outreach
Christian Lang on Governing the Rise of LLMs: How LEGA Provides a Safe Space for Law Firms to Use AI (TGIR Ep. 206)
Michael Bommarito on Preparing Law Students for the Future, and His Quest on Bringing Order to the Chaos of Legal Data (TGIR Ep. 205)
Unleashing Potential: Laura Terrell on Transforming Legal Careers through Executive Coaching (TGIR Ep. 204)
LexisNexis Bets Big on AI Transforming the Legal Industry: Jeff Pfeifer on the Launch of Lexis+ AI (TGIR Ep. 203)
Lawyer vs. AI or Lawyers + AI: Embracing the Future of Legal Practice with BriefPoint.ai's Nathan Walter and Bridget Albiero
Richard Tromans on the Future of Legal Innovation and The Legal Innovators California Conference (TGIR Ep. 201)
Rethinking Law Firm Strategy: The Road to Growth and Success with Toby Brown and Nita Sanger (TGIR Ep. 200)
Revolutionizing Legal Practice: The Impact of CaseText's CoCounsel on Law and Technology with Pablo Arredondo, Evan Shenkman, and Darth Vaughn (TGIR Ep. 199)
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)
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