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48 Mitchell Hamline L. Rev. 210 (2022)
A New Reality: Deepfake Technology and the World around Us

handle is hein.journals/wmitch48 and id is 211 raw text is: A NEW REALITY: DEEPFAKE TECHNOLOGY AND THE WORLD AROUND US Molly Mullen' I. INTRODUCTION: IS THAT REALLY ME2 ...............................210 II. WHAT IS A DEEPFAKE? .........................................................211 III. THE SOCIAL WORLD AND DEEPFAKES................................214 IV. THE EVOLUTION OF EVIDENCE............................................217 V. DEEPFAKES AND THE COURT SYSTEM..................................219 VI. THE COURTROOM AND EVIDENCE AUTHENTICATION ......220 VII. COMBATTING DEEPFAKES....................................................224 VIII. DAUBERT HEARINGS AND DEEPFAKES................................229 IX. LITIGATION FOR VICTIMS AFFECTED BY DEEPFAKES.......231 X. A TECHNOLOGICAL CALL TO ACTION ...............................233 XI. CONCLUSION ........................................................................234 I. INTRODUCTION: IS THAT REALLY ME? [W] ithout corroboration, there is absolutely no way to know whether somebody's memory is a real memory or a product of suggestion. -Elizabeth Loftus' You are bickering with your significant other during the height of an argument as your partner begins to hurl corrosive, malicious, and fraudulent accusations your way. You seemingly become more and more confused as your significant other asserts you have done the unthinkable: cheated. As thoughts and concerns swirl around your baffled mind, you offer yourself some comfort as you know it is not true, and hopefully a thorough explanation can clear the air. As you begin defending your chastity, your significant other pulls out their cell phone and shows you something you cannot fathom. There, right there, in physical, audio, and video form, on the six-inch screen of their phone, a video plays of you engaging in salacious acts with another person who is clearly not your significant other. The video is crisp, clear, and undoubtedly looks, acts, and talks like you. But is it me? ' Thank you to Barry University School of Law and Professor Mitchell Frank for his sponsorship, encouragement, support, and enthusiasm in teaching evidence to law students. ' ELIZABETH F. LOFTUs, MEMORY: SURPRISING NEW INSIGHTS INTO How WE REMEMBER AND WHY WE FORGET 169 (1980).

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