When I went to law school scientific evidence was subject to the Frye test in most states, or the Federal Rules Of Evidence. https://en.wikipedia.org/wiki/Frye_standard
I know rules are being promulgated now where ai created material must be identified as such, but that won't provide much protection.
My bet is there will be a whole new industry created of ai experts who testify in legal proceedings. Each side will have their own.
Sounds horrible.
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I wonder if blockchain analysis techniques pass the Fyre standard...
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Good question. This article will give you a general overview: https://blockgeeks.com/guides/blockchain-evidence/
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Am I right in thinking that this is more of a jury instruction/education issue?
The standards of "beyond reasonable doubt" or "preponderance of evidence" don't tell you how much weight to give different types of evidence. If people come to heavily discount any kind of altered, or even alterable, evidence that would address the issue of having this stuff used against someone.
The flip side is not as clear to me: i.e. what to replace these types of evidence with. However, there will almost certainly be technological ways to generate verifiably authentic audio and video.
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Yep. The expert's role will be to persuade the trier of fact, which is either a judge or a jury.
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