James Koukios and Tara McGrath published an article in Law360 discussing the evidentiary risks deepfake technology poses and how courts are developing an authentication framework for allegations that evidence is AI-generated or AI-manipulated.
The authors wrote, "Courts will continue to admit digital evidence supported by ordinary circumstantial proof when the deepfake challenge is merely speculative. At the same time, courts will demand more from proponents when the evidence has unusual provenance, missing originals, weak chain of custody, or unexplained technical gaps."
Read the full article.