Civil Procedure Commons^™

Symposium On Scholars’ Suggestions For Amendments, And Issues Raised By Artificial Intelligence

Fordham Law Review

CHAIR SCHILTZ: As those of you who have been in the rules work for a while know, rules work is cyclical. During the time I’ve been Chair of the Advisory Committee on Evidence Rules, we’ve had two packages of amendments that have gone through. The first package will take effect on December 1, 2024, and that’s the package that is led by the amendment to Rule 702 on expert testimony. And then we have another package that was just approved by the Judicial Conference and sent to the U.S. Supreme Court, and that package is led by the new rule …

Deepfakes Reach The Advisory Committee On Evidence Rules, Daniel J. Capra

Fordham Law Review

A number of articles have been written in the last couple of years about the evidentiary challenges posed by “deepfakes”—inauthentic videos and audios generated by artificial intelligence (AI) in such a way as to appear to be genuine. You are probably aware of some of the widely distributed examples, such as: (1) Pope Francis wearing a Balenciaga jacket; (2) Jordan Peele’s video showing President Barack Obama speaking and saying things that President Obama never said; (3) Nancy Pelosi speaking while appearing to be intoxicated; and (4) Robert DeNiro’s de-aging in The Irishman.

The evidentiary risk posed by deepfakes is …