OpenAI and Meta warn U.S. judicial panel about deepfake evidence

Investing.com -- Representatives from OpenAI and Meta Platforms told a federal judicial panel on Thursday that AI-generated deepfakes have become so advanced that verifying the authenticity of audio and video evidence in court will grow more difficult.

The technology experts presented their concerns at a meeting in Boston of the US Judicial Conference's Advisory Committee on Evidence Rules. The committee has been working for three years on how to address the risks of fabricated AI-generated evidence in courtrooms.

Shira Anderson, policy counsel at OpenAI, told the committee that AI images continue to improve in quality. She said she does not believe a scientific method will exist in the future to detect them.

The panel has worked since 2023 on addressing authentication issues related to deepfakes and ensuring that AI-generated evidence meets the same reliability standards as evidence from human expert witnesses.

A survey conducted by the Federal Judiciary Center in March found that only 15 out of 931 judges who responded had encountered a case where a party challenged evidence on grounds that it was a deepfake.

US District Judge Jesse Furman of Manhattan, who chairs the panel, noted that while academic commentary predicts courts will deal with deepfakes, the issue has not yet appeared frequently in actual cases.

Devin Norder, director of product management at Meta, said that media created by recent AI models cannot be distinguished by humans from authentic content. He added that creating such media now requires minimal cost and time.

Companies including OpenAI and Meta have developed tools to verify visual content. New laws in California and the European Union require watermarking to detect deepfakes.

Anderson warned that each company uses its own system, meaning no universal method exists to reliably detect all watermarks or verify the authenticity of visual content. She said while these systems will continue to improve, they will never be completely reliable.

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