| A California judge detected and dismissed what appears to be the first AI deepfake video submitted as authentic evidence in a housing dispute, signaling a looming crisis for the justice system, according to NBC News. The big picture: Judges and legal experts warn that increasingly sophisticated AI tools capable of creating convincing fake videos, images and audio could fundamentally erode trust in courtrooms. Yet the judicial system lacks adequate rules and detection methods to combat the threat. Zoom in: Judge Victoria Kolakowski noticed something wrong with Exhibit 6C in Mendonez vs. Cushman & Wakefield Inc. — a witness whose voice was monotone and face fuzzy, with repetitive twitching movements. – The video’s metadata revealed it was captured on an iPhone 6, though the plaintiffs’ case required features only available on iPhone 15 or newer. – Kolakowski dismissed the case Sept. 9, marking what appears to be the first detected deepfake submitted as real evidence in court. What they’re saying: “I think there are a lot of judges in fear that they’re going to make a decision based on something that’s not real, something AI-generated, and it’s going to have real impacts on someone’s life,” Judge Stoney Hiljus of Minnesota’s 10th Judicial District said. “I am not aware of any repository where courts can report or memorialize their encounters with deep-fake evidence,” said Judge Erica Yew of California’s Santa Clara County Superior Court. “I think AI-generated fake or modified evidence is happening much more frequently than is reported publicly.” State of play: The U.S. Judicial Conference’s Advisory Committee on Evidence Rules considered proposals in May requiring parties to substantiate deepfake allegations but declined to approve them, arguing existing authenticity standards suffice. The takeaway: Courts face mounting pressure to adapt authentication standards as AI democratizes the ability to create convincing fake evidence that could corrupt the judicial fact-finding process. |