Wednesday, November 19, 2025

Judicial Approaches to Generated AI Evidnce and Deepfakes

 https://open.spotify.com/episode/4qvECYL73vNfnXLra9W633?si=0fbcccfdee7946d3

The AI generated podcast is based on source material that provides an extensive overview of the challenges that Generative AI (GenAI) and deepfakes present to the legal system, particularly regarding the admissibility of evidence in court. Authored by legal and technical experts, the article distinguishes between "acknowledged AI-generated evidence," where both parties know the source is AI, and "unacknowledged AI-generated evidence," or potential deepfakes, where authenticity is disputed. The authors thoroughly review how current Federal Rules of Evidence—including those concerning relevance, authenticity (Rule 901), and unfair prejudice (Rule 403)—are inadequate for managing sophisticated synthetic media, which can powerfully mislead a lay jury. Citing numerous real-world fraud and legal cases, the text emphasizes that humans are poor at detecting deepfakes and that detection technology is struggling to keep pace, suggesting the need for new, bespoke evidentiary rules and a strengthened judicial gatekeeping role to preserve the integrity of the fact-finding process.

The source for this episode is a law review article, JUDICIAL APPROACHES TO ACKNOWLEDGED AND UNACKNOWLEDGED AI-GENERATED EVIDENCE, Maura R. Grossman* & Hon. Paul W. Grimm (ret.)†

Contiuation of the Podcast series: AI Governance, Quatnum Uncertainty and Data Privacy Frontiers. This is an AI generated podcast discussing a law review article from the esteemed authors referenced above:

T H E C O L U M B I A SCIENCE & TECHNOLOGY LAW REVIEW - Volume 26:110

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