AI-generated evidence is showing up in court. Judges say they're not ready.
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Judge Victoria Kolakowski sensed something was wrong with Exhibit 6C. Limited time: Save 25% on NBC News subscription Get exclusive reporting, live Q&As and ad-free reading. Submitted by the plaintiffs in a California housing dispute, the video showed a witness whose voice was disjointed and monotone, her face fuzzy and lacking emotion. Every few seconds, the witness would twitch and repeat her expressions.
AI Summary
Main Idea: Judge Victoria Kolakowski says a California housing case showed how AI-made fake evidence can slip into court, and judges are not yet ready for the threat.
Key Points:
- Kolakowski dismissed the case after finding that a video submitted as real evidence was likely a deepfake made with generative AI.
- Judges and legal experts worry that fake videos, audio, images, and documents could mislead courts and affect real legal outcomes.
- Judge Stoney Hiljus and Judge Scott Schlegel say courts need better ways to spot AI fakes, and Schlegel wants lawyers to check evidence more carefully.
- Rule changes have been discussed, but federal judges have not approved them yet, so existing authenticity rules remain in place for now.
Impact on the People
Negative Impact
Deepfake evidence could make courts less reliable, harming workers, families, and small businesses in disputes over housing, money, or safety.
Positive Impact
Judges like Victoria Kolakowski, Stoney Hiljus, and Scott Schlegel are pushing new checks that could help protect people from fake proof.
How did each entity affect people?
Rate how each entity in this article affected the American people.
- Primary:
Candidate Entities10 candidates · 5 weighted vote min · 70% decision
- Judge Victoria KolakowskipersonPrimaryEvaluated
Central judge who identified the AI-generated exhibit and dismissed the case.
Include 0 (0%)Ignore 0 (0%)5 to threshold - Alameda County Superior Courtgovernment agency or bodyMajorAI selected
The court where Judge Kolakowski serves and where the deepfake evidence ruling occurred.
Include 0 (0%)Ignore 0 (0%)5 to threshold - Judge Erica YewpersonMajorAI selected
Named judge quoted on fake evidence risks and reporting gaps in courts.
Include 0 (0%)Ignore 0 (0%)5 to threshold - Judge Scott SchlegelpersonMajorAI selected
Named appellate judge quoted discussing deepfake risks and judicial AI adoption.
Include 0 (0%)Ignore 0 (0%)5 to threshold - Judge Stoney HiljuspersonMajorAI selected
Named judge quoted warning about the risks of AI-generated evidence in court.
Include 0 (0%)Ignore 0 (0%)5 to threshold - Fifth Circuit Court of Appeal in Louisianagovernment agency or bodyContextCandidate
Court where Judge Schlegel serves and from which he comments on judicial AI risks.
Include 0 (0%)Ignore 0 (0%)5 to threshold - National Center for State Courtsnonprofit / NGOContextCandidate
Part of the consortium creating judge resources for dealing with deepfakes.
Include 0 (0%)Ignore 0 (0%)5 to threshold
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