This is a 13-minute video follow-up, a vlog, to my last article, WARNING: The Evidence Committee Will Not Change the Rules to Help Protect Against Deep Fake Video Evidence (12/04/24). I created the 12/04 article the day before the EDRM Webinar, Deepfakes in Court: Challenges, Risks, and Mitigating Injustice in Digital Evidence (12/05/24). The vlog below was created right after the EDRM webinar so that I could finish my thoughts on the Evidence Rules Committee’s regrettable actions at the November 8, 2024 meeting. The Committee will leave attorneys, judges and the public on their own and not change the rules for several more years. The EDRM panel and I think we are all likely to pay a heavy price for this questionable decision. For background see my prior lengthy article on the Rule Committee’s prior failures to act: The Problem of Deepfakes and AI-Generated Evidence: Is it time to revise the rules of evidence? Part One (September 19, 2024)and Part Two (September 23, 2024).
Here is the You Tube Video vlog, or click on the video screen shot image below to be redirected to the video.
I hate to say it, but the Evidence Rules Committee decision that Fake Video and Fake Audio evidence is not a big deal, that there is no need to update the rules, is a significant error. This misguided decision may make it very difficult for our court systems to weather the coming storm of deep fakes. The Reporter who has led the Committee for over 24 years, Daniel J. Capra, thinks I’m just an “overheated author.” He is not a practicing attorney and is not used to being challenged, which my September articles Part One and Part Two certainly did. But at least Capra included the first article in the material submitted to the Committee along with his pointed remark about yours truly. It starting to seem more and more like the movie Don’t Look Up!
Ralph Losey Copyright 2024. All Rights Reserved.