deepfakes

Weird and Wacky Wednesdays: Volume 383

This week on Weird and Wacky Wednesdays: Just the facts – When truth requires a new category of understanding

In law, we are obsessed with attempting to find the truth. That is, after all, our job.

And of course we are in a strange period of time where lies are put forward as truth each and every day, particularly by the current U.S. executive branch. At the same time, AI hallucinations and the difficulty AI has in sorting out fact from fiction has created a new problem for lawyers and the courts. Add to that the calculated lies that can arise because of the ease and consequent proliferation of deep fakes, and it feels as if we are flooded in lies. 

When the government tells you that you did not see something that you saw with your own eyes, and there’s no responsibility for them lying, it normalizes lies. I think we should all be concerned that we are witnessing the normalization of lies. 

Beauty may be in the eye of the beholder, but in law we have relied on objective and subjective facts. That is often where the determination of truth is resolved. But it seems to me with AI, we may have to add a new category in the consideration of facts. Let’s look at a couple of weird and wacky Wednesday stories so you understand what I’m trying to say. 

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Navigating Deepfake Allegations in Court

The rapid rise of generative AI has introduced a new challenge for the Canadian legal system: the deepfake. In the recent decision of R. v. Medow, the court conducted a seminal analysis of how courts must address allegations of manipulated digital evidence. This case is a blueprint for judges navigating the murky waters of AI-generated content in criminal trials.

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