asked a room full of lawyers at ABA TechShow how many had encountered deep fake evidence in litigation. Not one hand went up.
Is the deep fake threat a problem in search of a problem? Or are we in the same place we were with AI hallucinations before the first fake citation showed up in a courtroom and we just don’t know it yet?
I co-presented on this with Judge Xavier Rodriguez, one of the sharper judicial minds on technology in the federal judiciary. His observation: we have a built-in presumption of validity for photos, recordings, and video. Maybe our skepticism hasn’t caught up with what AI can now produce.
My post for Above the Law.