Deepfakes: An evidentiary tsunami! — fromthebrainyacts.beehiiv.com by Josh Kubicki
Excerpt: (emphasis DSC):
I’ve written and spoken about this before but the rise of deepfakes is going to have a profound impact on courts throughout the world. This week we saw three major deepfake stories.
Whether you are a lawyer or not, this topic will impact you. So, please consider these questions as we will need to have answers for each one very soon (if not now).
- How will we establish a reliable and consistent standard to authenticate digital evidence as genuine and not altered by deepfake technology?
- Will the introduction of deepfakes shift the traditional burdens of proof or production, especially when digital evidence is introduced?
- Will courts require expert witnesses for digital evidence authentication in every case, and what standards will be used to qualify these experts?
- Are there existing technological tools or methods to detect deepfakes? (yes there is but it is not 100%) How can courts keep abreast of rapidly advancing technology?
- …plus several more questions
From DSC:
What are law schools doing about this? Are they addressing this?
And speaking of legal matters and law schools, this might be interesting or helpful to someone out there:
Take ownership of the file.
When you enter #biglaw, you’ll hear this constantly.
But: few people will tell you what it means.
I will endeavor to do so here–likely imperfectly.
Taking ownership of the matter means:
? Think big picture.
? Ask questions. ? /1
— Emily Stedman (@mindfullyemily) October 6, 2023