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23 Duke L. & Tech. Rev. 1 (2023)

handle is hein.journals/dltr23 and id is 1 raw text is: THE GPTJUDGE: JUSTICE IN A GENERATIVE Al WORLD MAURA R. GROSSMAN, HON. PAUL W. GRiMM (RET.), DANIEL G. BROWN, AND MOLLY (YIMING) XUT ABSTRACT Generative AI (GenAI) systems such as ChatGPT recently have developed to the point where they can produce computer-generated text and images that are difficult to differentiate from human-generated text and images. Similarly, evidentiary materials such as documents, videos, and audio recordings that are AI-generated are becoming increasingly difficult to differentiate from those that are not AI-generated. These technological advancements present significant challenges to parties, their counsel, and the courts in determining whether evidence is authentic or fake. Moreover, the explosive proliferation and use of GenAI applications raises concerns about whether litigation costs will dramatically increase as parties are forced to hire forensic experts to address AI-generated evidence, the ability ofjuries to discern authentic from fake evidence, and whether GenAI will overwhelm the courts with AI-generated lawsuits, whether vexatious or otherwise. GenAI systems have the potential to challenge existing substantive intellectual property (IP) law by producing content that is machine, not human, generated, but that also relies on t Maura R. Grossman, J.D., Ph.D. and Daniel G. Brown, Ph.D., are professors, and Molly (Yiming) Xu is an undergraduate student (as well as Drs. Grossman and Brown's research assistant) in the David R. Cheriton School of Computer Science at the University of Waterloo. Dr. Grossman is also an adjunct professor at Osgoode Hall Law School of York University and an affiliate faculty member of the Vector Institute of Artificial Intelligence. Hon. Paul W. Grimm (ret.) is the Director of the Bolch Judicial Institute and the David F. Levi Professor of the Practice of Law at Duke Law School. Previously, he served as a District Judge (and before that as Magistrate Judge) in the United States District Court for the District of Maryland. Drs. Grossman and Brown's work is funded, in part, by the National Science and Engineering Council of Canada (NSERC). The authors wish to thank Katherine Gotovsky, Amy Sellars, Gordon V. Cormack, and Hon. John M. Facciola (ret.) for their thoughtful comments on a draft of this paper; their comments helped us to clarify and strengthen some of our arguments. The views expressed in this article are the authors' own, and do not necessarily reflect the opinions of the institutions with which they are affiliated.

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