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.
Links
Listen on mobile platforms: Apple Podcasts | Spotify
Contact Us:
Twitter: @gebauerm, or @glambert
Voicemail: 713-487-7821
Email: geekinreviewpodcast@gmail.com
Music: Jerry David DeCicca
Transcript
Helping Startups Get Their Start - Dr. Jacqueline Walsh
Stephen Embry - The Future of the Law Office Won't Need Everyone to be in the Office
Douglas Ferguson on Doing the Work in the Meeting
Richard Hsu on Why Law Firms Will Need Lawyers to Return to the Office
Using Data Analytics to Tell Your Story with RStudio's Sarah Lin
The Boston Legal Design Challenge with Jeff Marple, Robert Taylor, and Gabriel Teninbaum
Olga Mack on Valuing Your Skills, Reputation, and Determination
Phil Flora on Leopard Solution’s New Gender and Ethnic Diversity Tool
Using Data to Really Know Your Clients and Predict Their Needs - David Kamien
Williams Lea CEO, Clare Hart on Letting Lawyers Do What They Do Best… Practice Law
Andrea Markstrom and the i.WILL Forum. Women Empowering Women
The Law Firm Antiracism Alliance - Brenna DeVaney
Law Firm Culture and Marketing, and How to Market Law Firm Culture - Barbara Malin and Jennifer Johnson
#Barpocalypse - Cat Moon, Brian L. Frye, Stefanie Mundhenk
Yes, And… A Return to KM 101 - Eugene Cipparone
Text, Context, and SCOTUS' Textualism in Bostock - Andrew Koppelman and Sara Harris
Conversations on Race in the Legal Industry - Bryan Parker and Jonathan Greenblatt
The Georgia Copyright Trilogy… The Final Chapter
The Do's and Don't's of Virtual Conferences - Litera's Haley Altman and Alma Asay
Launching the Legal Value Network - Kristina Lambright and Purvi Sanghvi
Create your
podcast in
minutes
It is Free
The Commercial Edge: Unleash the Power of People
The emPOWERed Half Hour
Aligned Money Show
Gorse Culture PODcast : The H.R. Detective Agency!
HCI Leadership Revolution
The Ramsey Show
Planet Money