Published by the Journal of Technology Law & Policy, University of Florida Levin College of Law
By Judge William Matthewman
While attorneys, litigants, and judges have always had to be vigilant for the attempted introduction of improperly enhanced or fabricated evidence in court proceedings, the rise of Artificial Intelligence (AI) and its subset, Generative Artificial Intelligence (GAI), has substantially
increased the stakes. The task of identifying and exposing such fake or improperly enhanced AI evidence has become significantly more challenging. The current Federal Rules of Evidence and the Federal Rules of Civil and Criminal Procedure are insufficient to effectively address the
coming advance of AI-generated or AI-enhanced evidence. The rules must be amended, in certain respects, to provide attorneys, litigants, and judges with the necessary tools and guardrails to handle issues arising during pretrial and trial proceedings concerning deepfakes and AI- generated or AI-enhanced evidence.