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
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Pablo Arredondo on CaseText's New WeSearch Tool and How the Neural Net Is Making Its Way Into Legal Information
Bob Taylor, Valerie Dickerson, and Mark Ross on Deloitte Legal Business Services
Dan Packel on the Rise of Distributed Law Firms
Adam Tsao and The Creativity Playbook for Lawyers
Kate Tompkins on Being a Practice Group Leader But Not a Lawyer
What's Next for Jeroen Plink?
Lex Machina's Karl Harris on the Past, Present, and Future of Legal Analytics
Sophia George and Chevazz Brown: Finding Diverse Lawyers via DiversePro
Geoff Zodda on Legal Industry Employment Trends in a Post-COVID World
Rachel Travers on the New Law360 Pulse
Brightflag's Alex Kelly on Using Data and Analytics to Make Better Legal Spend Decisions
AI for Lawyers with Noah Waisberg and Dr. Alexander Hudek
Nicole Morris on Emory Law Schools TI:GER Innovation Conference
How Mid-Level Associates Can Thrive at Law Firms - with Jennifer Bluestein
Jennifer Bluestein on Stepping It Up: A Guide for Mid-Level Law Firm Associates
The Who, What, and Why of #LegalTech with Kristin Hodgins and Jason Wilson
The Boston Legal Design Challenge Update - Jeff Marple, Bob Taylor, and Aubrie Souza
Tracy LaLonde and The Joychiever Journey
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