If AI and deep fakes can listen to a video or audio of a person and then are able to successfully reproduce such person, what does this entail for trials?
It used to be that recording audio or video would give strong information which often would weigh more than witnesses, but soon enough perfect forgery could enter the courtroom just as it’s doing in social media (where you’re not sworn to tell the truth, though the consequences are real)
I know fake information is a problem everywhere, but I started wondering what will happen when it creeps in testimonies.
How will we defend ourselves, while still using real videos or audios as proof? Or are we just doomed?
As someone who works in the field of criminal law (in Europe, and I would be shocked if it wasn’t the same in the US) - I’m not actually very worried about this. By that I don’t mean to say it’s not a problem, though.
The risk of evidence being tampered with or outright falsified is something that already exists, and we know how to deal with it. What AI will do is lower the barrier for technical knowledge needed to do it, making the practice more common.
While it’s pretty easy for most AI images to be spotted by anyone with some familiarity with them, they’re only going to get better and I don’t imagine it will take very long before they’re so good the average person can’t tell.
In my opinion this will be dealt with via two mechanisms:
Automated analysis of all digital evidence for signatures of AI as a standard practice. Whoever can be the first person to land contracts with police departments to provide bespoke software for quick forensic AI detection is going to make a lot of money.
A growth in demand for digital forensics experts who can provide evidence on whether something is AI generated. I wouldn’t expect them to be consulted on all cases with digital evidence, but for it to become standard practice where the defence raises a challenge about a specific piece of evidence during trial.
Other than that, I don’t think the current state of affairs when it comes to doctored evidence will particularly change. As I say, it’s not a new phenomenon, so countries already have the legal and procedural framework in place to deal with it. It just needs to be adjusted where needed to accommodate AI.
What concerns me much more than the issue you raise is the emergence of activities which are uniquely AI dependent and need legislating for. For example, how does AI generated porn of real people fit into existing legislation on sex offences? Should it be an offence? Should it be treated differently to drawing porn of someone by hand? Would this include manually created digital images without the use of AI? If it’s not decided to be illegal generally, what about when it depicts a child? Is it the generation of the image that should be regulated, or the distribution? That’s just one example. What about AI enabled fraud? That’s a whole can of worms in itself, legally speaking. These are questions that in my opinion are beyond the remit of the courts and will require direction from central governments and fresh, tailor made legislation to deal with.
My bigger concern is the state using AI created fake data. It’s far harder to stop that, as false confessions and coerced confessions are already a problem. The process can’t really catch it, because it’s the people in charge of the process doing it.