Texas residents hear the term “fake news” with regularity these days without fully seeing the manifestations of this phrase. However, deepfakes are beginning to impact almost every aspect of life as the technology improves to create doctored videos and recordings. These are even starting the affect court proceedings as deepfakes are being used increasingly in front of judges.
Courts are lawyers are struggling to deal with these fake recordings. Just the mere presence of deepfakes is enough to undermine confidence in the legal system as legitimate recordings come under increased scrutiny. Deepfakes are now affecting all different types of legal proceedings, including criminal cases. It is getting harder to prove that something is fake as the technology has improved. Even someone with their own computer has the means to create an imposter recording.
For courts, it means that they will need to mandate more extensive digital procedures to authenticate videos and recordings. There is also the legal issue of whether recordings can be admissible in the first place if they are not authenticated. Here, the problem is that the legal system is always one step behind when it comes to technological issues. This means that when one uses new technology to create a deepfake, the court may not be fully prepared to even detect that it is a fake and handle the matter.
When prosecutors are attempting to use recorded or video evidence against a criminal defendant, the possibility of a deepfake causes a myriad of issues. A criminal law attorney could help try to protect their client by challenging the use of any evidence that seems questionable. If the evidence is not properly authenticated, the attorney could raise an objection in court so the judge can rule on whether or not this particular evidence is admissible in the criminal proceeding.