New on Opinio Juris: Emergency Guidance for AI-Affected Evidence
I am excited to share a new article published on Opinio Juris, co-authored with Sabrina Rewald, Emma Irving, and Kate Keator.
As generative AI reshapes the digital landscape, legal frameworks are struggling to keep pace. In our piece, “When Tech Disrupts Faster Than Rules Adapt,” we address the urgent need for updated standards in digital investigations.
Drawing on collaboration between the Starling Lab and the Fénix Foundation, we introduce the concept of “AI-affected evidence” to capture the nuance of AI-generated, modified, and surfaced material. We identify emerging gaps in established standards like the Berkeley Protocol and propose eight evidentiary pillars to guide fact-finders. This article details the first four: Auditability, Corroboration, Provenance, and Prejudice, adapting them for the AI era.
We invite you to read the full post and join the conversation on how we can better support investigators in this changing landscape.