Technology advancements have led to the emergence of digitally based manipulation designed to mesmerize the masses. The latest tech trends often blur the line between fantasy and reality. With the introduction of sophisticated algorithms, like AI, the internet has become a buffet of inauthentic digital data.
Unsurprisingly, videos altered using AI are now impacting the nation’s legal industry. How that impact will direct future revisions in our legal system is yet to be realized. At the very least, these altered videos, known as “deepfakes,” have already become part of the growing contingent of ESI materials invading the desks of law practitioners.
What are deepfake videos?
Deepfakes are videos made with artificial intelligence algorithms. The AI technology is used to expertly layer images and videos, superimposing them onto a single source image. The result is the creation of an alarmingly realistic but completely fabricated video.
Deepfake videos are constructed with sophisticated and intelligent technology; therefore, determining their authenticity is difficult for human viewers. This is sure to impact the legal discovery process when a deepfake video is submitted for review. Consulting experts in AI technology may be the best option for legal professionals tasked with determining the authenticity of a potential deepfake production.
Be on the lookout for deepfakes
Knowing what you’re up against is often more than half the battle! For lawyers to remain safeguarded from the risks of deepfake videos, they need to learn about what the trend.
The biggest issue with deepfakes is the risk of not being able to identify them before they are accepted as evidence. Prevent mistakenly authenticating deepfake production by staying educated on the technology used to produce them. We suggest learning how it's commonly used on public forums and online applications, as well as monitoring ongoing improvements to the technology.
Protect Against Tampering
To put it simply: deepfake videos are getting better. Untrained eyes could easily submit one of these videos as evidence without being aware of its inauthenticity. Time needs to be spent developing practical guidelines courts can use to root out deepfake evidence. Until
conventional protocols are firmly in place, relying on additional evidence that supports the authenticity of images and videos could be a smart move.
Creative solutions are always going to be required for emergent legal issues, and dealing with deepfake videos and their underlying AI technology is no different. Continual awareness of the technologies is the first step towards determining how to handle them. To prepare for the future, we suggest aligning your firm with experts in the digital production industry who can lend their guidance to legal issues.