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29 B.U. Pub. Int. L.J. 245 (2019-2020)
"Deepfakes" in the Courtroom

handle is hein.journals/bupi29 and id is 257 raw text is: ARTICLE: DEEPFAKES IN TBE COURTROOM RIANA PFEFFERKORN * A B STRA C T ....................................................................................................... 24 5 IN TRODU CTION ............................................................................................... 247 I.W HAT A RE D EEPFAKES? .............................................................................. 248 II.DEEPFAKES' IMPACT ON THE LAW .............................................................. 251 III.W HA T, M E W ORRY? .................................................................................. 255 IV.DEEPFAKES' POTENTIAL RAMIFICATIONS FOR TRIAL PRACTICE ............... 259 A. Authentication Standards for Video Evidence ............................. 259 B. Authentication Challenges to Deepfakes ..................................... 260 C. Deepfakes' Ramifications for Genuine Evidence ........................ 267 D. Deepfakes and Professional Responsibility ................................. 273 C O N C LU SIO N ................................................................................................... 275 ABSTRACT Seeing is believing-but for how long? At present, people attach a lot of probative weight to images and videos. They're taken at face value as evidence that an event occurred as alleged. The advent of so-called deepfake videos might change that. Thanks to advances in artificial intelligence, it is now possible to create a genuine-looking video that makes real people appear to do and say things they never did or said. Software for creating deepfake images, video, and audio is already freely available online and fairly easy to use. As the technology rapidly advances, it will become harder for humans and computers alike to tell a fake video from a real one. Inevitably, deepfakes will start coming up in the courtroom context. This Article surveys the ramifications of deepfakes for pre-trial and trial practice, including authentication of evidence, professional responsibility, and a potential *Associate Director of Surveillance and Cybersecurity, Center for Internet and Society, Stanford Law School. A version of this article originally appeared in the September 2019 issue of Washington State Bar News (formerly NWLawyer), published by the Washington State Bar Association (WSBA), and is reprinted with the permission of the WSBA. Thanks to the organizers of this Symposium for inviting me to contribute this article; to Microsoft for generously providing funding support for it; to Al Gidari, Stevie DeGroff '19, and George Brown '20 at Stanford Law School, for thoughtful discussions that helped inform this article; and to Tait Graves for providing feedback on a draft version. All errors are, of course, my own. This article is dedicated to the memory of Jim Tyre. 245

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