Maybe we could do a blind test of the courts, sending them real and fake videos, and check which percentage of the videos are they really able to verify.
People are trying to claim real videos are deepfakes
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Re: People are trying to claim real videos are deepfakes
#12When courts still use lie detector tests and first person accounts as evidence (both of which have been proven to be close to useless), this will take a while for an actual solution to come by.
Re: People are trying to claim real videos are deepfakes
#13Any attorneys here that can discuss the nuances involved in knowingly lying to the court, which I believe carries penalties for the attorney? And why / whether that would or wouldn’t apply here?
Lying in court is not a crime. You need to be under oath to be able to commit perjury, e.g. by being a witness who is giving testimony which in turn will be used as evidence. Everyone else can lie as much as they want without fear of repercussions.
Re: People are trying to claim real videos are deepfakes
#14I thought this part was particularly interesting: > "Their position is that because Mr. Musk is famous and might be more of a target for deep fakes, his public statements are immune," she wrote. "In other words, Mr. Musk, and others in his position, can simply say whatever they like in the public domain, then hide behind the potential for their recorded statements being a deep fake to avoid taking ownership of what t…
This seems like the main point - it's not that court won't accept a deepfake defense, but you would have to prove that it was faked, just like any other convincing evidence
Re: People are trying to claim real videos are deepfakes
#15I have had several of my dash cam videos thrown out because "judges" thought they were faked.
Even when I uploaded the video to YouTube within 24 hours of the wreck the "judge" said I had years to fake it.
Re: People are trying to claim real videos are deepfakes
#16I knew this was a documentary after all :)
Re: People are trying to claim real videos are deepfakes
#17I'm confused how courts will deal with this in the future. We are just entering the age of deep fake voices, convincing ones at least. And there are bound to be plenty of deep fakes that sound like the real person but aren't. Are we now going to be held liable for deepfakes we didn't make? I'm surprised people aren't using this more for divorces and what not. Create a deepfake of your wife and then say "Here's proof…
Videos are easy enough to spot as fakes for now, but I've heard really convincing AI audio fakes. Audio only recordings might not be usable as evidence without additional confirmation of authenticity.
Re: People are trying to claim real videos are deepfakes
#18I have had several of my dash cam videos thrown out because "judges" thought they were faked. Even when I uploaded the video to YouTube within 24 hours of the wreck the "judge" said I had years to fake it.
Couldn't you appeal and get expert testimony to verify the videos?
Re: People are trying to claim real videos are deepfakes
#19I'm confused how courts will deal with this in the future. We are just entering the age of deep fake voices, convincing ones at least. And there are bound to be plenty of deep fakes that sound like the real person but aren't. Are we now going to be held liable for deepfakes we didn't make? I'm surprised people aren't using this more for divorces and what not. Create a deepfake of your wife and then say "Here's proof…
This isn't a new problem with video, but a new twist on an old problem: manufactured evidence.
One way that courts deal with it is enhanced scrutiny on disputed evidence. Like, if you show up to a court with a document that you claimed someone signed, and they claim they didn't sign it, then the court can keep digging until they figure out who is lying. They can look for witnesses. They can subpoena records from internet companies that may have been involved in a digital transmission of that document. And so on. It's still possibly to lie to courts and manufacture evidence, but most people are not going to cover their tracks well enough to do so without getting caught if the full force the court's scrutiny is turned on them.
And the court finding out you lied to it is very very bad for whatever case you were trying to make.
Re: People are trying to claim real videos are deepfakes
#20About Musk case, couldn't you simply gather enough people who were present and ask if this recording matches their recollection of what he said on that day? Just like most witness testimonies work.