US Judicial Panel to Develop New Rules for AI-Generated Evidence in Courts

One of the latest developments impacting businesses is a federal panel’s decision to draft rules for regulating AI-generated evidence. But what does that even mean, and should business owners be concerned about this?  

This decision aims to create a structured approach for handling AI-based evidence, including potential “deep fake” audio and video in courtrooms. Here’s what you need to know regarding this shift in policy.  

Wait, What’s a Deep Fake?

AI-generated content, particularly deep fakes, can now create realistic, but false representations of audio, video, and text. These are crafted using algorithms capable of learning and mimicking patterns from massive datasets, allowing them to replicate real voices and visuals convincingly.  

The rise of tools like ChatGPT has opened doors for AI-generated evidence, which could be used to support or dispute a claim in court. For business owners, verifying evidence, such as audio or video clips that may appear legitimate, is increasingly complex.  

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Ensuring Authentic and Reliable Evidence in Commercial Litigation

AI-generated evidence may be evaluated in court for its reliability in much the same way that expert witness testimony is vetted under Rule 702 of the Federal Rules of Evidence. This potential rule could ensure that any AI-generated evidence undergoes rigorous scrutiny, helping courts assess its credibility.  

Any deep fake claims brought into a lawsuit would need to be validated by the same standards to human experts.  

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Why AI Evidence Matters to Small Business

In disputes involving contracts, employee claims, intellectual property, or defamation, small businesses could encounter AI-generated evidence.  

For example, consider that a disgruntled former employee submits a deep fake video to support a harassment claim. Having rules around AI evidence could protect against manipulated media.  

Since it could be years before these rules are finalized, what can businesses do right now?  

Business owners should:  

• Verify Evidence: Before bringing digital evidence into legal matters, especially if it’s generated by AI, work with legal counsel to verify its authenticity.

• Stay Informed: Keep an eye on legal updates regarding AI in courts. This will prepare your business to react quickly if such evidence is introduced in a dispute.

• Audit Security Practices: Implement strong security protocols to protect against unauthorized use of AI that could misrepresent your business.

The use of AI in litigation will grow. While U.S. Circuit Judge Richard Sullivan expressed some skepticism about a “tsunami” of deep fake cases, panelists agree that having a preliminary rule ready is prudent. This readiness benefits small businesses by ensuring that courts are equipped to handle claims involving AI technology effectively. 

Navigating these shifts requires a business lawyer to understand how AI may affect legal claims against your business. Richards Rodriguez & Skeith can help business owners navigate this new complexity for any litigation that comes their way. We can also help business owners remain up to date on the latest laws to ensure compliance. Contact our office today for further information.