In U.S. #privacy law news this morning:

Congressman Patrick McHenry (NC-10) formally introduced his bill to modernize the Gramm-Leach-Bliley Act (“GLBA”) in the House as H.R. 1165.  Bill text and status: https://financialservices.house.gov/uploadedfiles/glb_2023_xml_2.24_934.pdf

h/t, #InsidePrivacy

@epicprivacy has proposed the State Data Privacy and Protection Act as a compromise bill. Read more about it at https://epic.org/a-proposed-compromise-the-state-data-privacy-and-protection-act/ . Bill text can be found at https://epic.org/wp-content/uploads/2023/02/State-Privacy-Act-bill-text.pdf

Interested in state child privacy laws? Kirk Nahra and colleagues at #WilmerHale have an alert with an update on proposed state laws (and there are a lot!): https://www.wilmerhale.com/-/media/files/shared_content/editorial/publications/wh_publications/client_alert_pdfs/20230228-state-child-privacy-law-update.pdf

I'm very proud of this piece, "The Top 10 Legal and Business Risks of Chatbots and Generative AI", co-written with my #WilmerHale
colleagues Natalie Li Haixia Lin & Louis Tompros

We look broadly at #ChatGPT/#AI #business & #legal risks. Pls take a look!
https://www.wilmerhale.com/en/insights/client-alerts/20230227-the-top-10-legal-and-business-risks-of-chatbots-and-generative-ai

In this piece for #law360, Brent Gurney and I of #WilmerHale dig into a growing issue: concerns over #deepfakes in the courtroom.

In several recent high-profile trials, defendants have sought to cast doubt on the reliability of video evidence by suggesting that #artificialintelligence may have surreptitiously altered the videos.

These challenges are the most notable examples yet of defendants leveraging the growing prevalence in society of #AI-manipulated media to question evidence that, until recently, many thought was nearly unassailable.

These challenges will only get more prominent with the rise of #GenerativeAI (see e.g., #OpenAI
#ChatGPT, etc.)

#Jan6 defendants like Joshua Christopher Doolin and Guy Reffitt raised concerns over #deepfake evidence, as did Kyle Rittenhouse and prosecutors (briefly) in the "Pennsylvania Cheer Mom Case".

How can litigants prepare for litigation in a post-truth age? In light of recent experience, consider the following best practices.

For Litigants Proffering Evidence
- Follow Federal Rules of Evid 902(13)-(14)
- Do not take any evidence for granted
- Provide circumstantial evidence to help establish the authenticity of open-source imagery
- Prepare forensic witnesses to address questions around #deepfakes
- Be knowledgeable about the technology you are using.

For Adverse Parties
- Review disclosed evidence in advance of the trial.
- If media is questionable, consider retaining an expert to explain why it may be inauthentic.
- Have a good faith basis to question any evidence.

Attorneys must act consistent with the Rules of Evid & with their duties as public citizens with special responsibility for the quality of justice to zealously represent their clients, while not recklessly undermining the idea of epistemic truth in an era riven by heedless doubt.

https://www.wilmerhale.com/en/insights/publications/20221221-the-other-side-says-your-evidence-is-a-deepfake-now-what

In this piece for #law360, Brent Gurney and I of #WilmerHale dig into a growing issue: concerns over #deepfakes in the courtroom.

In several recent high-profile trials, defendants have sought to cast doubt on the reliability of video evidence by suggesting that #artificialintelligence may have surreptitiously altered the videos.

These challenges are the most notable examples yet of defendants leveraging the growing prevalence in society of #AI-manipulated media to question evidence that, until recently, many thought was nearly unassailable.

These challenges will only get more prominent with the rise of #GenerativeAI (see e.g., #OpenAI
#ChatGPT, etc.)

#Jan6 defendants like Joshua Christopher Doolin and Guy Reffitt raised concerns over #deepfake evidence, as did Kyle Rittenhouse and prosecutors (briefly) in the "Pennsylvania Cheer Mom Case".

How can litigants prepare for litigation in a post-truth age? In light of recent experience, consider the following best practices.

For Litigants Proffering Evidence
- Follow Federal Rules of Evid 902(13)-(14)
- Do not take any evidence for granted
- Provide circumstantial evidence to help establish the authenticity of open-source imagery
- Prepare forensic witnesses to address questions around #deepfakes
- Be knowledgeable about the technology you are using.

For Adverse Parties
- Review disclosed evidence in advance of the trial.
- If media is questionable, consider retaining an expert to explain why it may be inauthentic.
- Have a good faith basis to question any evidence.

Attorneys must act consistent with the Rules of Evid & with their duties as public citizens with special responsibility for the quality of justice to zealously represent their clients, while not recklessly undermining the idea of epistemic truth in an era riven by heedless doubt.

https://www.wilmerhale.com/en/insights/publications/20221221-the-other-side-says-your-evidence-is-a-deepfake-now-what

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