Law of Evidence

Legal Evidential Issues with Deepfake and AI Manipulations

Akpofure Mark
| April 19th, 2023

Deepfake technology uses advanced algorithms to manipulate visual or auditory content in order to create a false impression of events or people.

The term "deepfake" is derived from a combination of the words "deep learning" and "fake", which reflects the fact that deepfake technology is based on complex artificial intelligence (AI) algorithms that are designed to learn and adapt over time.

The technology works by analyzing large amounts of data in order to create a digital "model" of a person's voice or appearance. This model can then be used to generate realistic-sounding or -looking content, such as video footage of a person saying or doing something that they did not actually say or do.

Traditional methods of doctoring visual or auditory evidence involve relatively simple techniques such as cropping, splicing, or overlaying content. These methods are often relatively easy to detect using forensic analysis or other scientific methods. In contrast, deepfake technology is much more sophisticated and can create content that is virtually indistinguishable from genuine footage or audio recordings.

Advances in technology have made it easier to collect, store, and analyze evidence in legal proceedings. For example, surveillance footage, phone records, and social media posts can all be used to support or refute claims made by either party. However, the use of deepfake technology creates challenges for the tendering of evidence, as it can be difficult to determine whether or not a piece of content is genuine.

One of the primary challenges posed by deepfake technology is the issue of evidentiary authentication. Traditional methods of authentication, such as fingerprinting, DNA analysis, or forensic analysis of physical evidence, may not be applicable in cases involving deepfake evidence. This can create challenges for both prosecution and defense, as it may be difficult to establish the authenticity of a piece of evidence beyond a reasonable doubt.

Another issue is the admissibility of deepfake evidence in court. Courts will need to establish clear guidelines on when and how deepfake evidence can be used in legal proceedings. The admissibility of deepfake evidence will depend on factors such as its relevance to the case, the accuracy of the evidence, and the potential for the evidence to prejudice the jury.

One potential solution to the challenges posed by deepfake technology is to develop more advanced methods of forensic analysis. This may involve using AI algorithms to detect and analyze patterns in video or audio recordings that are indicative of deepfake manipulation. Another solution is to establish clear guidelines and standards for the use of deepfake evidence in legal proceedings, including requirements for authentication and validation.

Lawyers have a critical role to play in detecting and responding to deepfake and doctored evidence. This may involve working with forensic experts to authenticate evidence, or using advanced software tools to analyze video or audio recordings for signs of manipulation. Lawyers can also advocate for clear guidelines and standards for the use of deepfake evidence in legal proceedings, and can work to educate judges, juries, and other stakeholders about the potential risks and challenges associated with this technology.

In conclusion, deepfake technology represents a significant challenge to the legal system, and will require ongoing adaptation and innovation in order to ensure that justice is served.


Akpofure Mark
Author

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